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Sutherlin Contracting Inc; 2012-05-30; PWS12-29TRAN
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENTAL PROVISIONS, FOR TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 BID NO. PWS12-29TRAN Revised 02/08/12 Contract No. 6324-1 Page 1 of 141 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form.. 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation Of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 ^¥ Revised 02/08/12 Contract No. 6324-1 Rage 2 of 141 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 40 1 -3 Abbreviations 44 1-4 Units of Measure 47 1- 5 Symbols 48 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 49 2-2 Assignment 49 2-3 , Subcontracts 49 2-4 Contract Bonds . 50 2-5 Plans and Specifications 51 2-6 Work to be Done 55 2-7 Subsurface Data 55 2-8 Right-of-Way 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 59 2- 11 Inspection. 60 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 60 3-2 Changes Initiated by the Agency 61 3-3 Extra Work 62 3-4 Changed Conditions 64 3- 5 Disputed Work 66 Section 4 Control of Materials 4- 1 Materials and Workmanship 68 4- 2 Materials Transportation, Handling and Storage 73 Section 5 Utilities 5- 1 * Location 73 5-2 Protection 74 5-3 Removal 74 5-4 Relocation 74 5-5 Delays 75 5- 6 Cooperation. 76 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 76 6-2 Prosecution of Work 80 6-3 Suspension of Work 81 6-4 Default by Contractor 81 6-5 Tennination of Contract 82 6-6 Delays and Extensions of Time 82 6-7 Time of Completion 83 6-8 Completion, Acceptance, and Warranty 84 6-9 Liquidated Damages 84 6-10 Use of Improvement During Construction 84 ••^ Revised 02/08/12 Contract No. 6324-1 Page 3 of 141 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 85 7-2 Labor 85 7-3 Liability Insurance 85 7-4 Workers' Compensation Insurance 85 7-5 Permits 86 7-6 The Contractor's Representative 86 7-7 Cooperation and Collateral Work 86 7-8 Project Site Maintenance 87 7-9 Protection and Restoration of Existing Improvements 88 7-10 Public Convenience and Safety 89 7-11 Patent Fees or Royalties 95 7-12 Advertising 96 7-13 Laws to be Observed 96 7- 14 Antitrust Claims 96 Section 8 Facilities for Agency Personnel 8- 1 General 96 8- 2 Field Office Facilities 97 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 97 9-2 Lump Sum Work 97 9-3 Payment 98 9-4 Bid Items 101 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products 102 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs... 103 206-8 Light Gage Steel Tubing and Connectors 105 206- 9 Portable Changeable Message Sign 107 Section 207 Pipe 207- 25 Underground Utility Marking Tape 108 Section 209 Signals, Lighting and Electrical Systems 209-2 86-2 Materials and Installation 109 209-3 86-3 Controller Assemblies 110 209-4 86-4 Traffic Signal Faces and Fittings 110 209-5 86-5 Detectors 118 209- 6 86-6 Lighting 127 Section 210 Paint and Protective Coatings 210- 1 Paint 128 210-3 Galvanizing 128 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 129 PART 3 Construction Metliods Section 300 Earthwork 300-13 Storm Water Pollution Prevention Plan 131 Revised 02/08/12 Contract No. 6324-1 Page 4 of 141 Pages Section 306 Underground Conduit Construction 306-1 Open Trench Operations 134 306-5 Abandonment of Conduits and Structures 137 Section 310 Painting 310-5 Painting Various Surfaces 137 310-7 Permanent Signing 138 Section 312 Pavement Marker Placement and Removal 312- 1 Placement 138 Section 313 Temporary Traffic Control Devices 313- 1 Temporary Traffic Pavement Markers 139 313-2 Temporary Traffic Signing 139 313-3 Temporary Railing (Type K) and Crash Cushions 140 313-4 Measurement and Payment 141 Revised 02/08/12 Contract No. 6324-1 Page 5 of 141 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON APRIL 4, 2012, 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: TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 BIDNO. PWS12-29TRAN 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 Transportation Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. 2009 Edition, 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. Revised 02/08/12 Contract No. 6324-1 Page 6 of 141 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. Non-Collusion Affidavit 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 $150,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A or C-10. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% 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 $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, 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 Revised 02/08/12 Contract No. 6324-1 Page 7 of 141 Pages be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site 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. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII Revised 02/08/12 Contract No. 6324-1 Page 8 of 141 Pages 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City 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. 2012-027, adopted on the 14*^ day of February, 2012. March 1, 2012 Date Deputy City Clerk K Revised 02/08/12 Contract No. 6324-1 Page 9 of 141 Pages CITY OF CARLSBAD TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Califomia 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to fumish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6324-1 in accordance with tiie Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and tiiat he/she will take in full payment therefore the following unit prices for each item complete, to wit: Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 1 Traffic signal installation at El LS $ 1U^^?)37.^ $ lUR <3^7.^ Fuerte Street and Loker Avenue Dollars (Lump Sum) Total amount of bid in words: 0.^^'ULLoAff^i»tsixly-Hid»« 4k6u<>ttiid- i'UffA* Total amount of bid in numbers: $ |U^^3Pv7. *^ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ^^lAg^ has/have been received and is/are included in this proposal. OPENED, wiTNESSB BAND Revised 02/08/12 Contract No. 6324-1 Page 10 of 141 Pages 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 Califomia, validly licensed under license number 'Ff^li 2J) . classification CrlO which expires on l\'^0'3LC^i^ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 'BVM^^A (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. Revised 02/08/12 Contract No. 6324-1 Page 11 of 141 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 787127 CAjk DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding Workers' Compensation 787127 Extract Date 4/10/2012 SUTHERLIN CONTRACTING INC 2007 MUIRA LANE EL CAJON, CA 92019-4260 Business Phone Number:(619) 588-8895 Corporation 11/08/2000 11/30/2012 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR 010 ELECTRICAL CONTRACTOR'S BOND This license filed Contractor's Bond number BD711851 in the amount of $12,500 with the bonding company NATIONWIDE MUTUAL INSURANCE COMPANY. Effective Date: 03/08/2010 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) SUTHERLIN DAVID BRIAN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/08/2000 BQI's Bonding History This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND https://www2.cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail.aspx?LicNum=78... 4/10/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 Policy Number:713-0027944 Effective Date: 07/01/2008 Expire Date: 07/01/2012 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use j Privacy Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=78... 4/10/2012 v.. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 1) Name under which business is conducted 2) Signature (given and surname) of proprietor _____ 3) Place of Business City and State 4) Zip Code Telephone No. 5) E-Mail IF A PARTNERSHIP. SIGN HERE: (Street and Number) 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 City and State 4) Zip Code 5) E-Mail (Street and Number) Telephone No. ^¥ Revised 02/08/12 Contract No. 6324-1 Page 12 of 141 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted ^^•f'li^.riii/^^ ^/^vt-ffv>/.-ffi/i^^ JVir. (Signature (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of Q(l li-(r^r v\ |Q (4) Place of Business g?OQl MUVOL Lg^vig. (Street and Number) A City and State Pi I Trv^ (5) Zip Code Telephone No. Ul^.^^, f^ffS^vS' (6) E-Mail K?S(ATt\£:Hlfi7(:^.Q^lCovw. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ¥ Revised 02/08/12 Contract No. 6324-1 Page 13 of 141 Pages ACKNOWLEDGMENT State of California County of San Diego On March 29, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Kristi Sutherlin who proved to me on the basis of satisfactory evidence to be the person(20 whose name(.») is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in •hts/her/thetr authorized capacityO©^), and that by-hts/her/theif signatureCaT) on the instrument the person(8); or the entity upon behalf of which the personOar) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l<^(Mli^ 2cMl(JUi/Yim^ (Seal) KATHY SCHEUERMAN \ Convnission No.1884440 Q NOTART>UBLIC-CACIFORNIA 5 SAN DIEGO CO(fNTY > ''Commission Expires March 28,2014 ] • 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: Revised 02/08/12 Contract No. 6324-1 Page 14 of 141 Pages BID SECURITY FORM (Check to Accompany Bid) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal Is a *Certified *Cashlers 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, Wan^anty and Payment Bonds and proof of insurance coverage within the stipulated time; othen^/ise, the check shall be retumed 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.) ^¥ Revised 02/08/12 Contract No. 6324-1 Page 15 of 141 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 KNOW ALL PERSONS BY THESE PRESENTS: That we, Sutherlin Contracting, Inc. ^ as Principal, and '^3^'°"wide Mutual Insurance Company as Surety are heW and firmly bound unto tfie City of Carlsbad, CafffOTnia, in an amount as fo/tows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid for which payment, well and tmly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, lolnt}y and severally, flnnly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 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; othenwise. It shafl be and remain In full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 02/08/12 Gtrntraet No. 6324-1 f?age16of 141 Pages In the event Principal executed this bond as an Individual, it is agreed that the death of Principal shal not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of Match 20 12 PRINCIPAL: Suthfirlin Cnnli^cMnQ^i {name of Kristi Sutherlin (print hame herej Organ (Title and Organization of Signatory) ^ (Title By (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 29th of March 20 12 day SURETY: Nationwide Mutual Insurance Company (name of Surety) 7777 Alvarado Rd La Mesa CA 91941 (address of Surety) 619-668-6543 (telephone number <jf Surety)^ By: me number of surety; . lature of Aftorney-in-Fa^ // (signatun Mathew C. Gaynor (printed name of Attorney-in-Fact) (Attach cofporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporat/ons. ff only one officer signs, the corporation must attach a resolution certHled by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 02/08/12 Contract No. 6324-1 Page 17 of 141 Pages ^^*mOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney *****tJafionwide Mutual Inswance Corrpany, an OhiQ corporation Famland Mutual Insurancs Com|;»ny, an IcMa mpora^on Nationwide^ibusiness Insurance Company, an Iowa corporation AMCC Insurwice Corrpany, an Iowa corporation Allied Prc^iwty arid Casualt»f Insaifance Company, an Iowa airporalion Depositors Insurance Ccatipany, an Iowa corporation horeinafter r«f«Tod to s«v«»rally as the "Company" and collec!tivaly as iho "Companiwe," oach doos horeby make, consfituto and appoint: Matthew G. Gaynor ea^ inmeir Individual capadty, its true and lawful attomey-in-fect. with fun power and auBiority to sign. seal, and execute on ite behalf any and all bonds and undertaldnQS and olher obligatory instnamnts of siratternisAire^^ ^ OneHnndntd Tiiburoiid snd ttb/t0O Dollars ($1W,080.W) and to bind the Company therein, as ftjily and to the same extent as if such Instruments wwe signed by the duly authorized officers of the Company, and all acts of said wtomey pursuant to the authority ^ven are hereby ratified and confirmed. This power of attorney is made and ejwcuted pursuant to and by authority of the following resolution duly adopted by the board of directors of the Corr^Dany: •RESOLVED, that th» prudent, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize ttiem to execute and deliver on bel^f of the Company any ani all bonds, forms, applications, memorandums, undertaldngs, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons hoKflng positions of putHic or private trust, and omer writing obligatory In nature mat the business oftheGompanymayrequfreiandtomodify or revoke.withbrwilhout cause, anysuchappoihlmentorautwrity: provicted. however, that the authority grantol hereby shall in no way limit the authority of other duly authorized agents to sign and countersigri any 6f said documahts on beh^f of the Company." 'RESOLVED FURTHER, that §uch attorneys-in-fact shall have full power and authority to execute and deliver any and all audi documents and to tend the Company siAject to the termsand limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the v^idHy of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. ExflCUtiQn of Instruments. Any vice president, any assistant secretory or any assistant treasurer shall have the power and aufriority to sign or attest all approved documents, instmmants, contracts, or o«ier papers in connection with the operation of the business of the company in addition to the chairman of the board, the cNef executive officer, presldwit, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved, or stamped on any approved document contr9ct, Instrument, or other papers of frie Company. IN WITNESS WHEREOF, the Company has caused iNs instrument to be sealed and duly attested by the signature of its officer the 1*^ day of August. 2009. Gary A. Douglas, l*re«ldfintand Chtef Operating Officer of Nationwide Agribusiness in^^^ Company and Fantrfand Mutua* Insurance Company, mi VIOB Pre»l<tent of Natiorwrtde Mutual Insurance Company, AMCO insurance Company, Allied Propaly and Casualty lr»urance Gompany, and Depositors Insurance Ownpany ACKNOWLEDGMENT STATE OF IOWA. COUNTY OF POLK: ss On this IjfLday of August. 2009. before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer desaibed in and who executed the preceding instrument, and he acknovtrfedged the execution of the same, and being by me duly sworn, d^oses and says, that he Is the urnuur ur ]tw Canipanlas aruresaid, Uuit Utu seals alTixed twreiu are Itiu ujrpuratti uuals of saitl Curhpariies. and the said corporate seals and his signature were duly affixed and stajscribed to said instrument by the authority and direction of said Companies. lb CtenMlMlan Biplntt IMiBh 24.3011 Notary Public *^ My Commission Expires March 24.2011 CERTIFICATE Kathy R. Richards, Assistant Secretory of the Companies, do hereby certify that the foregoing is a 1UII, taie and correct cqjy of the original power of attorney issued by tlie Company; that the resolution included therein is a true and correet transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gay A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the consorate seals and his signatire as officer were duly affixed and subsaibed to the said instwment by the authority of said board of directors- and toe foregoing power of attc^ney is sfill In full force and effect IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Seaetery. and affixed the corporate seals of said Companies tois 29th dav ofJteLCh .^J^. ^^^^ ^,^c^ Assietoint Secretary ^^ Jhls Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) ACKNOWLEDGMENT State of California County of San Diego On March 29, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew 0. Gaynor who proved to me on the basis of satisfactory evidence to be the personf/) whose name(») is/afe subscribed to the within instrument and acknowledged to me that he/She/they executed the same in his/her/their authorized capacityOd^), and that by his/hor/thoir signatureC^) on the instrument the person(e7, or the entity upon behalf of which the personOar) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature IC KATHY SCHEUERMAN . Corri(T)issionNo.1884440 Q NOTAR^>UBLIC-CAEtORNIA 5 SAN DIEGO COQilTY 'Commission Expires March 28,2014 (Seal) ACKNOWLEDGMENT State of California County of San Dlego On March 29, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Kristi Sutherlin who proved to me on the basis of satisfactory evidence to be the person(20 whose name(^ is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in +^/her/theTr authorized capacityOd^), and that by-his/her/theif signatureCaT) on the instrument the person(8^, or the entity upon behalf of which the personOar) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ KATHY SCHEUERMAN | Convnission No. 1884440 p NOTARf >UBUC -CALIFORNIA w SAN DIEGO COUNTY > Commission Expires March 28,20141 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of H I ^ | personally appeared 0(^\//ft K> ^ lA'f'ri e f IfYl j— Name(^ of Signer(s)^ • 1 OFFICIAL SEAL ^REZA M. KAGHAZCHI iNOTARY PUBUC-CALIFORNIA « ^ «, §AN D EGO COUNTY • MY COMM. EXP JUNE 26^|2| who proved to me on the basis of satisfactory evidence to be the person(€)-whose name(s) (^rg^ subscribed to tpe within instrument and acknowledged t{>^me that ^e)st=>e/llmy executed the same in migmSiTtrTeir authorized capacity(ies), and that by ^i|)'he*Aheir signaturets)" on the instrument the person(i^or the entity upon behalf of which the person(^cted, 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 sea Place Notary Seal Above Signature: OPTIONAL — Tiy hand and official seal. ^ Signature of N^jfary Public ' " Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docum t: Bid ent Title or Type of Document: Document Date: 3 / (^2 Bo Number of Pages: Signer(s) Other Tiian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Company Profile Page 1 of 2 Company Profile NATIONWIDE MUTUAL INSURANCE COMPANY ONE NATIONWIDE PLAZA COLUMBUS, OH 43216 800-523-7828 Agent for Service of Process NANCY FLORES, C/0 CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 23787 NAIC Group #: 0140 California Company ID #: 1805-1 Date authorized in Califomia: August 03, 1965 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: OHIO Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://interactive.web.insurance.ca.gov/webuser/idb_co jprof_utl.get_co_prof?p_EID=3 720 4/10/2012 Company Profile Page 2 of 2 SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM Copyright © Califomia Department of Insurance http ://interactive .web .insurance .ca. gov/webuser/idbco jprofutl. get_co_prof?p_EID=3 720 4/10/2012 GUIDE FOR COMPLETING \_ THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of tlie 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 detennine 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 m of more than 50 percent of the work by subcontractors or othen/vise to be preformed 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. m 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 gg 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 m 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 mav result in reiection of the bid as non- m responsive. m 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. m 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 m 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 m perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. 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. ••^ Revised 02/08/12 Contract No. 6324-1 Page 18 of 141 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Woric by Subcontractor in Dollars* ^ '''' r " f V WW Page I of \ pages of this Subcontractor Designation form Pursuant to section 4104 (a){2XA) Califomia Public Contract Code, receipt of tlie infomnation preceded by an asterisl< may be submitted by the Bidder up to 24 liours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 02/08/12 Contract No. 6324-1 Page 19 of 141 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTI^CT NO. 6324-1 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. mi, Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract 7-^011 CVS SjU4r'-c./pru\X. 7r«o.M7/. UA^^ 7-^0// 5100' CtvicCt, uDo^f —' (X » 7330 C>Pipor-f ix/viA/^ CA- 9SL11/ Revised 02/08/12 Contract No. 6324-1 Page 20 of 141 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 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: • Comprehensive General Liability • Automobile Liability • Workers Compensation • Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 02/08/12 Contract No. 6324-1 Page 21 of 141 Pages CERTIFICATE OF LIABILITY INSURANCE OP ID: VP DATE(MM/DD/YYYY) 05/14/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDmONAL INSURED, the policy(ies) must be endorsed. If SUBROGATiON IS WAIVED, sufcject 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 erKlorsement(s). PRODUCER 619-937-0164 Rancho Mesa Insurance Services ... . 250 Riverview Parkway #401 619-937-0168 Santee. CA 92071 David J. Garcia CONTACT NAME: PRODUCER 619-937-0164 Rancho Mesa Insurance Services ... . 250 Riverview Parkway #401 619-937-0168 Santee. CA 92071 David J. Garcia PHONE FAX (Arc, No. Ext): (AK:. No): PRODUCER 619-937-0164 Rancho Mesa Insurance Services ... . 250 Riverview Parkway #401 619-937-0168 Santee. CA 92071 David J. Garcia E-MAIL ADDRESS: PRODUCER 619-937-0164 Rancho Mesa Insurance Services ... . 250 Riverview Parkway #401 619-937-0168 Santee. CA 92071 David J. Garcia PRODUCBt CI ITU C «l CUSTOMER IDft5>" ' OC-T PRODUCER 619-937-0164 Rancho Mesa Insurance Services ... . 250 Riverview Parkway #401 619-937-0168 Santee. CA 92071 David J. Garcia INSURER(S) AFFORDING COVERAGE NAiC# INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 INSURER A :Wesco Insurancc Company INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 iNsuRB^ B:General 1 ns Company of America 24732 INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 INSURER c: Piaza Indemnity Insurance Co INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 INSURER D: INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 INSURER E: INSURED Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 INSURER F: COVERAGES CERTIFICATE NUMBER: 1 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 CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 'a OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: V I PRO- I POUCY X JECT LOC WPP1053464 00 POLICY NUMBER I (I.', 'i •) '^k'tititt't HII' »] 'TrtV*'!! LIMITS 03/14/12 03/14/13 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 1,000,00G 100,000 5,000 1,000,000 2,000,000 2,000,000 AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 24-CC-120819-6 03/14/12 03/14/13 COMBINED SINGLE UMIT (Ea accident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) CcNTip Ded 50C CdlDed 50( UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE 2,000,000 PXSLBR168-00 03/14/12 03/14/13 AGGREGATE 2,000,000 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERffl^EMBER EXCLUDED? (Mandatory in NH) ff yes, describe under DESCRIPTION OF OPERATIONS below WC STATU-TQRY LIMITS OTH-_EB. 1 I m • E L. EACH ACCIDENT E L. raSEASE - EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT DESCRIPTION OF OPBIATIONS / LOCATIONS/ VEHICLES WUtech ^ORD101, AddmoMlRen^^^ RE: TRAFFIC SIGNAL AT EL FUERTE & LOKER AVENU^. BID #PWS12-29TRA^, PROJECT #6324-1. THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 AND CG2037 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYCAR Cmr OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE EXPIRATION DATE THERK}F, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP1053464 00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS ~ SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be pri- mary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's re- sponsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Wiio 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ' ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WPP105346400 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the additional in- sured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Wlio 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 dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WPP105346400 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 • STATE cox* f" "-4 5 A ^ ON M s >) a N C FUND POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SD ISSUE DATE: 05-14-2012 GROUP: 000713 POLICY NUMBER: 0027944-2010 CERTIFICATE ID: 109 CERTIFICATE EXPIRES: 07-01-2012 07-01-2011/07-01-2012 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD JOB:TRAFFIC SIGNAL EL FUERTE ST. & LOKER AV CARLSBAD, CA 92008 This is to certify that we have Issued a valid Workers' Compensation insurance policy in a fornn approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstaiding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2012-05-14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD ENDORSEMENT #1600 - SUTHERLIN, DAVID B SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - SUTHERLIN, KRISTI PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-05-14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD EMPLOYER SUTHERLIN CONTRACTING INC 2007 MUIRA LN EL CAJON CA 92019 SD (REV.8-2010) [P13,SD] PRINTED : 05-14-2012 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in ttie State of California? 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: (oariae of Contc3fit^ . Vj y Page \ of \ pages of this Re Debarment form Revised 02/08/12 Contract No. 6324-1 Page 22 of 141 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 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 jiines within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? 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 yearperiod? 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? 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 I of y((9\. pages of this Disclosure of Discipline fonn ^¥ Revised 02/08/12 Contract No. 6324-1 Page 23 of 141 Pages mm BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's 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. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name otConlraettJitN ^ ^ Q* (print nameTwtle) Pag^^jlf of ^<jL pages of this Disclosure of Discipline form Revised 02/08/12 Contract No. 6324-1 Page 24 of 141 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID - PUBLIC CONTRACT CODE SECTION 7106 TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE « CONTRACT NO. 6324-1 ^ The undersigned declares: _ I am the Pf<>^l dci^-h og^^^-tWf IM Cj^k&iVfSoart^ 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 m 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 1^ 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 mm or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. •* Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true *" and correct and that this declaration is executed on Aprt\ M , 201^ at BiCa^oy^ [city], Cjj [state]. '•F Revised 02/08/12 Contract No. 6324-1 Page 25 of 141 Pages CONTRACT PUBLIC WORKS This agreement is made this 3Q day of Al<>tC/ , 2012, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Sutherlin Contracting Inc. whose principal place of business is 2007 Muira Lane El Cajon CA 92019 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 (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, Nofice Invifing Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designafion of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specificafions, the General Provisions, addendum(s) to said Plans and Specificafions and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specificafions, 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 condifion 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 retenfion as required by Public Contract Code Secfion 9203. Revised 02/08/12 Contract No. 6324-1 Page 26 of 141 Pages 5. Independent Investigation. Contractor has made an independent invesfigation 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 condifions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not wan-ant that the condifions are as thus indicated. Contractor is satisfied with all job conditions, including underground condifions and has not relied on infomnation 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 promptiy, 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) Unltnown 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 ail 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. 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, directiy or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Revised 02/08/12 Contract No. 6324-1 Page 27 of 141 Pages 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 otiienA/ise, 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. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy #70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate In the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance 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. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. 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. A ^¥ Revised 02/08/12 Contract No. 6324-1 Page 28 of 141 Pages (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 earners 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. 10. 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 anficipation 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. /\ Revised 02/08/12 Contract No. 6324-1 Page 29 of 141 Pages (D) Penalty Recovery. If the City of Carisbad seeks to recover penalties pursuant to the False Claims Act, It is entltied 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 Carisbad Municipal Code secfions 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 Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above. J init init 11. 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. 12. 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, titie, 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. 13. 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 correctiy inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 02/08/12 Contract No. 6324-1 Page 30 of 141 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (name of CoDtcactor) CITY OF CARLSBAD a municipal corporation of the State of Califomia (sigrihere) (print name and title) (sign here) (print name and titie) % ^ ^ v\^' 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: RONALD R. BALL City Attorney /5 Revised 02/08/12 Contract No. 6324-1 Page 31 of 141 Pages ACKNOWLEDGMENT State of California County of San Diego On May 15, 2012 before me, Kathy Scheuerman, Notary Public (insert name and titie of the officer) personally appeared Kristi Sutherlin who proved to me on the basis of satisfactory evidence to be the person($) whose name(.8) is/afe subscribed to the within instrument and acknowledged to m e that he/she/they executed the same in •hts/her/thetr authorized capacity(]es), and that by-Ns/her/theiF signatureOaO on the instrument the person(8jr, or the entity upon behalf of which the personOa?) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature KATHY SCHEUERMAN \ CorrarnitSion No.1884440 Q NOTART>UBUC -CACfORNIA fe SAN DIEGO CWHTY > . — ''Comniis8ionExpir«sMarch28.2014( CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ra n])i^^ O ^ I Dal§ ^ Here Insert/j^me andTittpoifhe'Officer JI '/-. On personally appeared A R>ri/2^ ,Sf >i Name(^) of Signer^) r 1 OFFICIAL SEAL .REZA M. KAGHAZCHI NOTARY PUBUC-CAUroW^I^ g COMM. NO. 1799668 S SAN DIEGO COUNTY ^| m COMM. EXP. JUNE. 26.2012| who proved to me on the basis of satisfactory evidence to be the person(fi> whose name(8)^arer subscribed to the within instrument and acknowledged to-v me that (^she/they executed the same in foAief/tRStr authorized capacity(tes), and that by T^heiftheir signature(s)-'on the instrument the person(§)7 or the entity upon behalf of which the person^e)^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature: OPTIONAL Signature of Notary Ajblic Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ ^ Title or Type of Document: C K) 'jfa^'\ ^ Document Date: Number of Pages: (4-'/ ^"^/y) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No: BD716890 Premium Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2012-103, adopted May 8, 2012, has awarded to Sutherlin Contracting, Inc. (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 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, SUTHERLIN CONTRACTING, INC., as Principal, (hereinafter designated as the "Contractor"), and Nationwide Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Sixty Nine Thousand Three Hundred Twenty Seven Dollars ($169,327), 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 3181, 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 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 02/08/12 Contract No. 6324-1 Page 32 of 141 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 5th day of May , 20 J_2_. CONTRACTOR: Sutherlin Contracting, Inc. (name of Copfractar) Jh here) Kristi Sutherlin (print name here) By: ^ (title andorgarfcation of signatory) i Jojv^ ^I h- (sign here) (print name here) Executed by SURETY this of May 15 th day .,2011 SURETY: Nationwide Mutual Insurance Company (name of Surety) 7777 Alvarado Rd, La Mesa, CA 91941 (address of Surety) (619) 668-6543 Matthew C. Gaynor (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and brganization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Ml Deputy City Attorney Revised 02/08/12 Contract No. 6324-1 Page 33 of 141 Pages KNOW ALL MEN BY THESE PRESENTS THAT: i#***ationwide Mutual Insurance Company, an Ohio corporation L^rmland Mutual Insurance Company, an Iowa corporation ^"Wationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Matthew C. Gaynor each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Five Hundred Thousand and 00/100 Dollars $500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11** day of August. 2009. Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGIMENT STATE OF IOWA, COUNTY OF POLK: ss On this 11** dav of August. 2009. before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. Notary Public My Commission Expires CERTIFICATE March 24, 2014 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 15th day „,_^tey 20^. ^^^^^ Secretary f At KNm Notanai Seal Cpnniiumn\tmbm Vi'SVi This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) ACKNOWLEDGMENT state of California County of San Dlego On May 15, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(^0 whose name{j8) is/afe subscribed to the within instrument and acknowledged to m e that he/She/they executed the same in his/l'iei/llieii authorized capacity(jes), and that by his/he*ytheif signatureCg) on the instrument the jperson{sf, or the entity upon behalf of which the per son(^) 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. KATHY SCHEUERMAN 1 Convnission No.1884440 Q N0TARf>UBLIC.CAt4F0RNIA C SAN DIEGO COUNTY "> Commisston Expires March 28,2014 \ WITNESS my hand and official seal. Signature _ KO^thij. SCJ^MUJbUKOU^— (Seal) ACKNOWLEDGMENT State of California County of San Diego On May 15, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Kristi Sutherlin who proved to me on the basis of satisfactory evidence to be the person(2l) whose name(-8jl is/afe subscribed to the within instrument and acknowledged to m e that he/she/they executed the same in •hts/her/thetr authorized capacity(je^, and that by -hts/her/theiF signature(gO on the instrument the person(8^, or the entity upon behalf of which the per sonOa) 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. KATHY SCHEUERMAN Commission No.1884440 N0TARY>UBLIC - CAC^ORNIA SAN DIEGO COUNTY Commission Expires March 28.2014 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^u () ^ ^ On /_2-_ before me, 1^ personally appeared 0/^(/ii f/^fj S Here J*sert iJame and Title of th^ Officer ' ' U ' C Name^) of Signer(s' f f OFFICIAL SEAL I iREZAM. KAGHAZCHI* who proved to me on the basis of satisfactory evidence to be the person(^) whose name^s) l^/ape subscribed to the within instrument and acknowledged me that @/oho/thGy executed the same in jjafherTfReir authorized capacity(ie^, and that by l^/hefi^eir signaturet§)- on the instrument the person(6)ror the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ \ Title or Type of Documenf: h£>f f /TXAI-crf^ \s j/5<0/lH Document Date: Number of Pages: t4-/ ^^-O^ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Itenf) #5907 Bond No: BD716890 Premium: $2,193 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2012-103, adopted May 8, 2012, has awarded to Sutherlin Contracting, Inc. (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 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, SUTHERLIN CONTRACTING, INC., as Principal, (hereinafter designated as the "Contractor"), and Nationwide Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Sixty Nine Thousand Three Hundred Twenty Seven Dollars ($169,327), 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; othen/vise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 02/08/12 Contract No. 6324-1 Page 34 of 141 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 15th dav of May .2012 . CONTRACTOR: Sutherlin ContractingInc. (name of Contract Kristi Sutherlin Executed by SURETY this 15th day of May 20^^ SURETY: Nationwide Mutual Insurance Company (name of Surety) 7777 Alvarado Rd, La Mesa, CA 91941 (address of Surety) (619) 668-6543 (telephone number of Surety) (print name here) By: C (Title and Organization of Signatory) (sign here) (print name here) (signature of Attorne/in-f;act) Matthew C. Gaynor (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or. assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 02/08/12 Contract No. 6324-1 Page 35 of 141 Pages KNOW ALL MEN BY THESE PRESENTS THAT: j«***!ationwide Mutual Insurance Company, an Ohio corporation w ^rmland Mutual Insurance Company, an Iowa corporation ^f^tionwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Matthew C. Gaynor each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Five Hundred Thousand and 00/100 Dollars $500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private tmst, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11"* day of August. 2009. i iSEAL: j Gary A. Douglas, President and Chief Operating Offlcerof Nationwide Agribusiness Insurance Company and Fannland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGIMENT STATE OF IOWA, COUNTY OF POLK: ss On this 11*'dav of August. 2009. before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and Ijeing by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. )Mta Nobsw Seal Commlkiian nuMNr 55i?85 •yCnmlMkHi eqptiw Mint J4. XU Notary Public ^ My Commission Expires March 24, 2014 CERTIFICATE I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 15th day o,_^tej( 20^. ^A.^. Secretary This Power of Attorney Expires 08/11/2012 BDJ 1 (08/09) ACKNOWLEDGMENT State of California County of San Dlego On May 15, 2012 before me, Kathy Scheuerman, Notai^ Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(«0 whose name{s) is/afe subscribed to the within instalment and acknowledged to m e that he/5tie/lliey executed the same in his/hei'/ll'ieii authorized capacityQes), and that by his/te/their signature(jaO on the instmment the person(8f, or the entity upon behalf of which the per son(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^^^^^^ v?C/l^X/.Am^t-^L^ (Seal) KATHY SCHEUERMAN | Comnissnn No.1884440 Q N0TARr>UBLIC-CALIFORNIA 5 SAN DEGO COUNTY > Commission Expires March 28,2014 ] ACKNOWLEDGMENT state of Califomia County of San Diego On May 15, 2012 before me, Kathy Scheuernnan, Notary Public (insert name and title of the officer) personally appeared Kristi Sutherlin who proved to me on the basis of satisfactory evidence to be the person(gO whose name(3) is/afe subscribed to the within instmment and acknowledged to m e that he/she/tfreTTexecuted the same in +M8/her/their authorized capacity(jesO. and that by +ris/her/theif signature(jaO on the instmment the person(sf, or the entity upon behalf of which the per sonO») acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. KATHY SCHEUERMAN \ Sgsna^JESH CorraTMSSion No.1884440 Q (^^BPfNOTARf>UBLIC CACfORNIA h SAN DIEGO COUNTY j "Commistion Expirw Mafch 28,2014 \ Signature l^^Wl^. ^5:iW^Am^ • (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f^^h 0 T^J O } ' Here InserrtMbme and Title of the Officer ' —' nere insen^me ana i nie or me ijnicer y personally appeared O/^^flJ fitj^/O S <^ ^ ^ I ' >^ i • ^ Na(ne(s) of Signer^ ""—• f I OFFICIAL SEAL REZA M. KAGHAZCHI NOTARY PUBUaCAUFORNIA g C0MM.N0.179966S ? SAN DIEGO COUNTY t MY COMM. EXP. JUNE. 26,2012| who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-(l^are^ subscribed to the within instrument and acknowledged ta me that (Q'sbeAhey executed the same in m\3lhefilWiB\r abthorized capacity(4e6f, and that by TTiVber/their signature(«)- on the instrument the personfs)7^r the entity upon behalf of which the person(s)-acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature ( Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document ^ . Title or Type of Document: 'Pai4'kp^/ f^/^c?^^^ I/fygrr/t^ ft^ j^/f^J Document Date: Number of Pages: I 4/ Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #6907 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, Califomia, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent" For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name 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 othen^/ise 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 eamed 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. Revised 02/08/12 Contract No. 6324-1 Page 36 of 141 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: Title FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title Name For Escrow Agent: Signature Address _ Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 02/08/12 Contract No. 6324-1 Page 37 of 141 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: Title MAYOR Name Signature Address 1200 Carlsbad Villaoe Drive. Carlsbad. CA 92008 Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 02/08/12 Contract No. 6324-1 Page 38 of 141 Pages GENERAL PROVISIONS FOR TRAFFIC SIGNAL AT EL FUERTE STREET AND LOKER AVENUE CONTRACT NO. 6324-1 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENEF^L PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenA/ise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptabie, 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 othenvise. 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 othen^/lse. 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 othenA/ise. 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 othen/vise 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. Revised 8/10/10 Contract No. 6324-1 Page 39 of 141 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, Califomia. 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, finn, 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 Califomia. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 8/10/10 Contract No. 6324-1 Page 40 of 141 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, penults from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let Days - Days shall mean consecutive calendar's days unless othen^/lse 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 Carisbad or Executive Manager of the Carisbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carisbad 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 Carisbad 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. IHouse 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. ^^N^ Revised 8/10/10 Contract No. 6324-1 Page 41 of 141 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. 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 specificafions of other agencies, engineering soclefies, or Industrial associations referred to in the Contract Documents. These refer to the latest edifion, including amendments in effect and published at the fime of advertising the project or issuing the permit, unless specifically referred to by edifion, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connecfions are all or any portion of the conduit cable, or duct, including meter, between a ufillty distribution line and an individual consumer. Sewer - Any conduit intended for the recepfion and transfer of sewage and fiuld industrial waste. Specifications - General Provisions, Standard Specificafions, Technical Specificafions, Reference Specificafions, Supplemental Provisions, and specificafions in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighfing luminaire, traffic signal heads, mast arms, etc. Revised 8/10/10 Contract No. 6324-1 Page 42 of 141 ^^^^^^^ Standard Plans - Details of standard structures, devices, or instrucfions referred to on the Plans or In Specifications by tifie 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. 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 perfomiance 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 Wori<. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Addifions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any Individual, firm, or corporafion, bound with and for the Contractor for the acceptable performance, execufion, and complefion of the Work, and for the safisfacfion of all obligafions incurred. Tonne - Also refen^ed 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. Revised 8/10/10 Contract No. 6324-1 Page 43 of 141 1-3 ABBREVIATIONS 1-3.1 General. The abbrevlafion herein, together with others in general use, are applicable to these Standard Specificafions and to project Plans or other Contract Documents. All abbrevlafions and symbols used on Plans for structural steel construcfion shall conform to those given by the "Manual of Steel Construcfion" published by the American Insfitute of Steel Construcfion, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonfenrous wire) BC , Beginning of curve BCR Beginning of curb retum BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA Califomia Occupational Safety and Health Administration CalTrans Califomia Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR Califomia Bearing Ratio CCR Califomia Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN.. Connection CONST Construct Construction COORD Coordinate CSP Con\igated steel pipe CSD... Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio ^, DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion Joint EXST Existing F Fahrenheit F&C Frame and cover F&l Fumish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain ^ FDN Foundation V Revised 8/10/10 Contract No. 6324-1 Page 44 of 141 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS..... Finished surface FT-LB Foot-pound FTG ...Footing FW Face of wall G .....Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR ..Grade GRTG Grating GSP... Galvanized steel pipe H High or height HB Hose bib HC. .. House connection HDWL Headwall HGL .....Hydraulic grade line HORIZ.. Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH... Lamp hole LL Live load LOL Layout line LONG — Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAI NT Maintenance MAX Maximum MCR Middle of curb retum MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Unifomn Traffic Control Devices MVL Mercury vapor light NCTD ; North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound cun/ature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W ...Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB 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 Northem Railway SDR Standard thennoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 8/10/10 Contract No. 6324-1 Page 45 of 141 SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Stmcture SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography 1-3.3 Institutions. TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Wori^ Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section Abbrevlafion Word or Words AASHTO American Associafion of State Highway and Transportation Officials Also 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 Waterworks Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Undenvriters' Laboratories Inc. USGS United States Geological Survey Revised 8/10/10 Contract No. 6324-1 Page 46 of 141 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 specificafions 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 exacfiy equivalent. Reference is also made to ASTM E 380 for definifions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit ^Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (jim) 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 nieter(m) 1 mile(mij • 1.6093 kilometer (km) 1 square foot (ft\ 0.0929 square meter (m 1 square yard (yd ) 0.8361 square meter (m 1 cubic foot {n\ 0.0283 cubic meter (m;^' 1 cubic yard (yd ) 0.7646 cubic meter (m 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([fl-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit fF): Degree Celsius (°C): T = (1.8 X °0) + 32 "C = (T - 32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Revised 8/10/10 Contract No. 6324-1 Page 47 of 141 Common Metric Prefixes kilo(k). 10^ -3 -6 9 centi (c) 10 milli (m).. 10 micro (|ii) 10 nano (n) 10"^„ pico (p) 10'^^ 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) Degree PL Property line CL Centerilne SL Survey line or station line Revised 8/10/10 Contract No. 6324-1 Page 48 of 141 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, Instrucfion 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 Secfions 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 specificafions, 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 construcfion 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 othenA^ise 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. Revised 8/10/10 Contract No. 6324-1 Page 49 of 141 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discrefion 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 organizafion. 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 fime and locafion 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 organizafion. 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 execufion 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 surefies 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. Revised 8/10/10 Contract No. 6324-1 Page 50 of 141 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 unfil they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year wan-anty 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 liablllfies 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 entitiing 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 liablllfies 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 Secfion 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, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set designated as City of Carisbad Drawing No. 473-6 and consists of three (3) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as ^¥ Revised 8/10/10 Contract No. 6324-1 Page 51 of 141 issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specificafions, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anytiiing specified in the Specificafions and not shown on the Plans, or shown on the Plans and not specified in the Specificafions, 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 Wori< site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposifion is made on the Plans, but which interfere with the complefion 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 confiict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed In order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modificafions to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of Califomia Department of Transportafion Standard Plans. r) State of Califomia Department of Transportafion Standard Specificafions. g) Califomia Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specificafions for Public Wori<s Construction, as amended. 9) Reference Specificafions. 10) Manufacturer's Installation Recommendations Revised 8/10/10 Contract No. 6324-1 Page52of141 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 specificafions are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construcfion materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Wori<s, 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 specificafions 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 deviafions 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 othen/vise 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 tifie 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 certificafion on all submittals: Revised 8/10/10 Contract No. 6324-1 Page 53 of 141 "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: Tifie: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to cleariy show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will retum 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 secfions: TABLE 2-5.3.2 (A) it«in Section Number rm StiMect 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting informafion is information required by the Specifications for the purposes of administration of the Contract, analysis for verlficafion of confomiance with the Specificafions, 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 infomriafion shall be submitted to the Engineer prior to Revised 8/10/10 Contract No. 6324-1 Page 54 of 141 the start of the Work unless othen/vise 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 othen/vise specified In the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certlficafions 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 dally and show every change from the original drawings and specificafions and the exact "as-built" locafions, 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 complefion of the wori<. Payment for performing the work required by Secfion 2-5.4 shall be included in the various bid items and no addifional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perfomi all wori< necessary to complete the Contract in a satisfactory manner. Unless othenA^ise 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 locafion of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspecfion at the office of the Engineer. Any addifional 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 construcfion will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to A ^¥ Revised 8/10/10 Contract No. 6324-1 Page 55 of 141 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 othen^/ise. 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 calculafions shall be submitted In bound fomn on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier surveys and all other evidence used by the Surveyor to determine the location of the monuments set The field notes and calculafions will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared In conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of Califomia Business and Professions Code when the Surveyor perfomis any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), Iron pipes, reinforcing steel and all monuments and marks that are at or accessory to, property comers and street centeriines are permanent survey monuments. The Record of Survey shall show all monuments set control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying Including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stafionlng. Stakes shall be set to show the locafion and grade of future curbs adjacent to traffic signal locations where the curb Is not being built as a part of this contract Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction In the area mari<ed. Centerilne monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and fiagged prior to Revised 8/10/10 Contract No. 6324-1 Page 56 of 141 the start of any other acfivifies within the limits of the wori<. When curb and gutter does not exist and is not being installed as a part of the project the locafion of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description ® Centerilne or Parallel to Centerilne Spacing®, (B) Lateral Spacing (3), ® Setting Tolerance (Within) Street Centerline SDRS M-10 VIonument <1000', Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02" Horizontal, also see Section 2-9.2.1 herein Clearing -ath in soil, tainted line Dn PCC & AC surfaces ith - Intervisible, ^ 50' on tangents I < 25' on curves, Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and <. 50' Grade Breaks &<25' 0.1' Vertical & Horizontal Fence RP + Marker Stake < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' N/A ( constant offset) 0.1' Horizontal Rough Grade Cuts or Fills > 10 m OS') RP + Marker Stake <50' N/A 0.1' Vertical & Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' <22' %" Horizontal & 'U" Vertical Asphalt Pavement Finish Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks %" Horizontal & V4" Vertical Drainage Structures, Pipes & similar Facilities®, © RP + Marker Stake intervisible & ^ 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate %' Horizontal & V4" Vertical Curb RP + Marker Stake < 25', BC & EC, at V4A. 'AA & ''''A on curb retums & at beginning & end ( constant offset) %" Horizontal & V4'' Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate %" Horizontal & V4" Vertical Junction Box ® RP + Marker Stake at each junction box location as appropriate %" Horizontal & V4" Vertical Conduit ® RP + Marker Stake < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% as appropriate %" Horizontal & when depth cannot be measured from existing pavement V4" Vertical Revised 8/10/10 Contract No. 6324-1 Page 57 of 141 Feature Staked Stake Description ® Centerilne or Parallel to Centerilne Spacing®, ® Lateral Spacing (3), ® Setting Tolerance (Within) Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centeriine of box, ends of box & wings & at each end of the local depression <S> as appropriate %" Horizontal & W Vertical (when vertical data needed) Abutment Fill RP + Mariner Stake + Line Stake <, 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Horizontal Wall® RP + Mariner Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wail height as appropriate 'U" Horizontal & '/A" Vertical Maior Structure (S) Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate %" Horizontal & 74" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate V Horizontal & 'IA" Vertical Miscellaneous ® Contour Grading ® RP + Mari<er Stake <50' along contour line 0.1' Vertical & Horizontal Utilities ®, ® RP + Mariner Stake <: 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% as appropriate %' Horizontal & 'IA" Vertical Channels, Dikes & Ditches ® RP + Mariner Stake intervisible & < 100', BC & EC of facilities. Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1" Horizontal & '/A" Vertical Signs ® RP + Mariner Stake + Line Point +Guard Stake At sign location Line point 0.1' Vertical & Horizontal Subsurface Drains ® RP + Mari<er Stake intervisible & < 50', BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate 0.1' Horizontal & 'IA" Vertical Overside Drains ® RP + Mariner Stake longitudinal location At beginning & end 0.1' Horizontal & 74" Vertical Markers ® RP + Mariner Stake for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At marker location(s) 74" Horizontal Railings & Baniers ® RP + Mari<er Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves when R^ 1000' at railing & banier location(s) %" Horizontal & Vertical AC Dikes ® RP + Maricer Stake At beginning & end as appropriate 0.1' Horizontal & Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate %" Horizontal & 74" Vertical Pavement Markers® RP 200' on tangents, 50' on cun/es when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice at pavement mariner location(s) 74" Horizontal ® staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficientiy durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table (D Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade Infonnation for each plane of the feature Revised 8/10/10 Contract No. 6324-1 Page 58 of 141 ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and latii shall be flagged. Unless othenA/lse approved by the Engineer flagging, paint and mari<ing cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(B) Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, alignments, etc. White/Red Vertical Control Bench marks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intennediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Stmcture Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, Rl W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, baniers, lighting, etc. Orange Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no addifional payment will be made. Extension of unit prices for extra work shall include full compensafion for attendant survey work and no addifional 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 wori< shall confomi 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 en-or 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 affecfing the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specificafions. The Contractor shall promptly comply with instrucfions from the Engineer or an authorized representative. Revised 8/10/10 Contract No. 6324-1 Page 59 of 141 The decision of the Engineer is final and binding on all questions relating to: quantifies; acceptability of material, equipment, or work; execufion, progress or sequence of work; and interpretafion of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract At any time during nomial 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 perniit 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 inspecfion and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before Inspecfion Is required. Woric shall be done only in the presence of the Engineer, unless othen^^ise authorized. Any work done without proper inspecfion will be subject to rejecfion. The Engineer and any authorized representafives shall at all fimes have access to the \Nork during Its construcfion 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 specificafions. Inspection of the Work shall not relieve the Contractor of the obllgafion to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specificafions, 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 granfing 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 reducfion in cost or no additional cost to the Agency. Revised 8/10/10 Contract No. 6324-1 Page 60 of 141 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quanfity of woric provided the total arithmefic dollar value of all such changes, both addifive and deductive, does not exceed 25 percent of the Contract Price. Should It become necessary to exceed this limltafion, 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 wrifing 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 woric 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 Specificafions 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 IVIore 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 quanfity by more than 50 percent payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in confonnance 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 quanfity 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. Revised 8/10/10 Contract No. 6324-1 Page 61 of 141 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 Secfion 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 othenft^ise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construcfion. 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 wrifing from the Engineer so stafing its elimlnafion. If material confomiing to the Plans and Specifications is ordered by the Contractor for use In the eliminated item prior to the date of notificafion 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 Secfion 3-3. 3-3 EXTRA WORK. ^ 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer detemriines that it Is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the fime 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 classificafion 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). Revised 8/10/10 Contract No. 6324-1 Page 62 of 141 (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site In the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used In determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment Is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Woric 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 fime begins when ec^uipment is first put into actual operation on the extra work, plus the fime required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other Items which may be required on the extra woric 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. Revised 8/10/10 Contract No. 6324-1 Page 63 of 141 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 secfion, 1 percent shall be added as compensafion 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, classlficafions, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identlficafion number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented In the Contract which the Contractor believes may be hazardous waste, as defined in Secfion 25117 of the Health and Safety Code, that Is required to be removed to a Class I, Class II, or Class III disposal site in accord- ance with provisions of exisfing law. The Engineer will promptly investigate conditions which appear to be changed condifions. If the Engineer detemriines that conditions are changed conditions and they will materially affect ^•^^ Revised 8/10/10 Contract No. 6324-1 Page 64 of 141 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 promptiy upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entltied 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, occun^ence, 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 condifions 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 descnption of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addifional 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 notlficafions are disallowed. The potenfial claim shall include the following certificafion relative to the California False Claims Act Government Code Secfions 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potenfial claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for It to be further considered." By: Titie: 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 nofice of potenfial claim. It is the intention of this secfion that differences between the parties arising under and by virtue of the contract be brought to the attenfion of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptiy taken. W Revised 8/10/10 Contract No. 6324-1 Page 65 of 141 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potenfial 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 infomnally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construcfion 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 documentafion supporting the costs and all other evidenfiary 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 infomnation or request that the Contractor meet and present its report. When addifional information or a meefing Is requested the City will provide Its position within 10 working days of receipt of said additional Information or Contractor's presentation of Its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulfing 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 Secfion 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 othen^/lse expressly provided for or the claimant is not othen/vise entltied 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 Revised 8/10/10 Contract No. 6324-1 Page 66 of 141 V 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 othen/vise 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 documentafion supporting the claim or relafing 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 documentafion 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 wrifing to all written claims within 60 days of receipt of the claim, or may request, in wrifing, within 30 days of receipt of the claim, any addifional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever Is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an Informal conference to meet and confer for settlement of the issues In dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference. If the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Secfion 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Tifie 1 of the Government Code. For purposes of those provisions, the running of the period of fime 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 Titie 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of Revised 8/10/10 Contract No. 6324-1 Page 67 of 141 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 Titie 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 Tifie 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 houriy 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 arbitrafion award requests a trial de novo but does not obtain a more favorable judgment shall, in addifion 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 mediafion or arbitrafion process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othen/vise provided in the contract (b) In any suit filed under Secfion 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 Secfion 3-3. SECTION 4 " CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment fumished 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 Specificafions shall be considered defecfive 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. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 68 of 141 If the Contractor fails to replace any defecfive or damaged work or material after reasonable nofice, 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 Specificafions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilifies 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 inspecfion. The Contractor shall also adequately protect new and exisfing 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, inspecfion is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casfing, welding, concrete pipe manufacture, protective coafing applicafion, 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 certificafion as to compliance with the Specificafions, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspecfion at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspecfion at the source, normally only for performance tesfing. The Specifications may require inspecfion 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, Titie 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such informafion as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspecfion or tesfing 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 tesfing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fon^/ard reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, ^¥ Revised 8/10/10 Contract No. 6324-1 Page 69 of 141 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 tesfing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspecfion at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Woric, 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 tesfing to the place and at the fime designated by the Engineer. Unless othenA/lse provided, all Inlfial tesfing 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 Specificafions. 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 perfomri 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 bome 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 unifomri product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be bome 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 specificafions shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials tesfing 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 certificafion. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall detemnine whether the material offered is equivalent to that specified. Adequate fime shall be allowed for the Engineer to make this determlnafion. j Revised 8/10/10 Contract No. 6324-1 Page 70 of 141 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, fumish data conceming 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 characterisfics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill Its Intended funcfion. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptiy to the Engineer, who will evaluate the results and detennine If the substitute item Is equivalent The Engineer's findings shall be final. Installation and use of a substitute item shall not be made unfil approved by the Engineer. If a subsfitute 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 complefion fime shall not be affected by any circumstance developing from the provisions of this secfion. The Contractor Is responsible for the safisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution Is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operafion, 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 cleariy 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 Revised 8/10/10 Contract No. 6324-1 Page 71 of 141 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 inifiate an immediate and cooperafive 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 observafions or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observafions 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 informafion in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradicfion. 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 invesfigafion is unable to reach resolufion, the invesfigafion may then either conclude without resolufion or continue by written notificafion of one party to the other requesfing the implementafion of a resolufion process by committee. The confinuance of the invesfigafion shall be confingent upon recipient's agreement and acknowledged in wrifing within 3 calendar days after receiving a request. Without acknowledgement, the invesfigafion shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notificafion, 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 notificafion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a confinuance of the cooperative investigation and will re-consider all available informafion and if necessary gather new and addifional informafion to determine the validity, the cause, and if necessary, the remedy to the contradicfion. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolufion 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 At any point by the mutual agreement of the Agency and the Contractor. Unless OthenA/lse agreed, the Contractor shall bear and maintain a record for all the investigative Revised 8/10/10 Contract No. 6324-1 Page 72 of 141 costs until resolufion. Should the investigation discover assignable causes for the con- 1^ tradiction, the assignable party, the Agency or the Contractor, shall bear all costs associ- ated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assign- able cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the invesfigafion 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 cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5- 1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notificafion center (Underground Service Alert of Southem California) and obtain an inquiry Identification number. The California Department of Transportation is not required by Secfion 4216 to become a member of the regional nofificafion center. The Contractor shall contact it for location of Its subsurface installations. \- A Revised 8/10/10 Contract No. 6324-1 Page 73 of 141 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, fumish and place the necessary protection at its expense. Upon learning of the existence and locafion of any ufillty omitted from or shown Inconrectly on the Plans, the Contractor shall immediately notify the Engineer in wrifing. When authorized by the Engineer, support or protecfion of the ufillty will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the ufillty owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any ufillty damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic ufillty Installation, the Contractor shall at its expense: 1. Fumish 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 ufillty; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment or partial embedment, of a metallic ufillty installation; or where the coafing, bedding or other cathodic protecfion system is exposed or damaged by the Contractor's operafions, 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 ufilities 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 Specificafions for Public Works Construcfion, Secfion 301-1.6, 2009 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. til •f'^ Revised 8/10/10 Contract No. 6324-1 Page 74 of 141 After award of the Contract, portions of utilities which are found to interfere with the Woric 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 woric 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 locafion where such utility structures are shown on the plans and are noted as being located, relocated or are othenvise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate ufilifies that interfere with the construcfion, the Contractor, upon the Engineer's approval, may be pennltted to temporarily omit the portion of work affected by the utility, tf 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 addifional compensafion will be allowed therefore or for addifional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocafion of the utility involved unless othenA/ise 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 wrifing of any subsequent changes in the construcfion 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 correctiy 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 ufilifies in performing work correctiy 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 Revised 8/10/10 Contract No. 6324-1 Page 75 of 141 for any delay caused by failure of Agency to provide for the timely removal, relocafion, or protecfion of such exisfing facilifies. 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 compensafion for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of fime. 5- 6 COOPERATION. When necessary, the Contractor shall so conduct its operafions as to permit access to the Work site and provide fime for ufillty work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenvlse provided herein and unless othenvlse prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Nofice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notificafion of contract award, the Engineer will set the time and locafion for the Preconstmcfion Meefing. Attendance of the Contractor's management personnel responsible for the management administration, and execution of the project is mandatory for the meefing to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstrucfion Meefing 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 (activlty-on-node) fonnat. 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 woric 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 complefion 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 Construcfion Schedule the Contractor shall prepare and submit to the Engineer a complete fime-scaled network diagram showing all of the acfivifies, logic relafionships, and milestones comprising the schedule. Revised 8/10/10 Contract No. 6324-1 Page 76 of 141 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 llsfing of all of the activities, showing for each activity the identification number, the description, the durafion, the eariy start, the eariy finish, the late start, the late finish, the total fioat, and all predecessor and successor acfivifies for the acfivlty described. 6-1.2.3 Bar Chart. As a part of the Baseline Construcfion 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. 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, Carisbad, 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 Construcfion 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 Construcfion Schedule shall include between 100 and 500 acfivifies, 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 fime 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, ufillty 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 Revised 8/10/10 Contract No. 6324-1 Page 77 of 141 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 Secfion 6-1. The Engineer may choose to accept the Contractor's proposal of a project durafion shorter than the duration specified; provided the Agency is safisfied the shortened Baseline Construcfion Schedule is reasonable and the Agency and all other entifies, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construcfion Schedule. The Agency's acceptance of a shortened durafion project will be confimned through the execufion of a contract change order revising the project duration and implemenfing all contractual requirements including liquidated damages in accordance with the revised durafion. 6-1.2.10 Engineer's Review. The Construcfion Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construcfion Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condifion precedent to Issuance of the Nofice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specificafions the Contractor shall correct the Construction Schedule to meet these specificafions and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the inlfial Construcfion Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstrucfion meefing shall be grounds for termlnafion of the contract per Section 6-4. Days used by the Engineer to review the initial Constmction 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 tiie last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confinning 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. /% ^ Revised 8/10/10 Contract No. 6324-1 Page 78 of 141 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 unden^/ay 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 Secfion 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would Impede full access of all data stored on It. 6-1.3.4 List of Changes. A list of all changes made to the acfivifies or to the interconnecfing logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions refiecfing 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 crifical 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 mariced "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 Revised 8/10/10 Contract No. 6324-1 Page 79 of 141 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 properiy adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor Immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, Independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, Including but not limited to the acceptance and payment provisions. As used In this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construcfion work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all acfivifies. The final schedule update shall be prepared and reviewed per Secfions 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construcfion Schedule. Acceptance of the final schedule update is required for complefion 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 detemriines that the Contractor is failing to prosecute the Woric 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 Specificafions, the Contractor shall backfill all excavafions and restore to usefulness all improvements exisfing 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 falls to properiy provide for public safety, traffic, and protecfion 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 fumishing all labor, equipment and materials, and performing all operations necessary to complete the Project Woric as shown on the Project Plans and as specified in the Specificafions. The work includes the construction of ^¥ Revised 8/10/10 Contract No. 6324-1 Page 80 of 141 the traffic signal at the intersection of El Fuerte Street and Loker Avenue and all of the associated signing and striping shown on the approved plans. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of tiie 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 othen^/ise specified in Secfion 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 CONTF^CTOR. 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 safisfactory 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 cancellafion, 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 fime of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the enfire Contract, all money due the Contractor at the fime of Revised 8/10/10 Contract No. 6324-1 Page 81 of 141 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 nofice 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 fiie 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 complefion, the Contractor or Surety shall pay to the Agency within 5 days after the complefion, all costs in excess of the sums due. The provisions of this section shall be in addifion 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 discrefion or when conditions encountered during the Work make it impossible or impracficable to proceed, or when the Agency Is prevented from proceeding with the Contract by act of God, by law, or by official acfion 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 enfitie the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or addifional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulafions, labor disputes, strikes, fires, fioods, adverse weather or elements necessitafing cessation of work, inability to obtain materials, labor or equipment required extra work, or other specific events as may be further described In the Specificafions. No extension of fime will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proot 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 entitied 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 entlfie the Contractor to an extension of fime as provided In Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incun^ed due to delays for which the Agency is responsible. Such actual costs will be determined ^mm^ by the Engineer. The Agency will not be liable for damages which the Contractor could have j Revised 8/10/10 Contract No. 6324-1 Page 82 of 141 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 othenA/ise be obligated by. The Contractor shall provide continuing dally written notice to the Engineer, each woricing day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classificafion of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative durafion of the standby, the Contractor's opinion of the cause of the delay and a cogent explanafion of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fall to provide the nofice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the fime set forth in the Contract. The Contractor shall complete each portion of the Work within such fime as set forth in the Contract for such portion. The fime of complefion of the Contract shall be expressed In working days The Contractor shall diligently prosecute the work to complefion within one hundred and twenty (120) working days after the starting date specified in the Nofice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract fime as defined in Secfion 6-1 and the date provided for complefion, or upon field acceptance by the Engineer for all work provided for in the Contract whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless OthenA/lse approved in writing by the Engineer, the hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised 8/10/10 Contract No. 6324-1 Page 83 of 141 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 fumished 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. OthenA/lse, 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 safisfied that all the materials and woricmanship, 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 ot 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 certificafion 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 recordafion shall be the date of complefion of the Woric. All work shall be wan-anted for one (1) year after recordafion of the "Nofice 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 defecfive woric In a manner safisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the nofice. If the Contractor fails to make such replacement or repairs within the time specified in the nofice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the fime allowed will result in damages being sustained by the Agency. For each consecufive calendar day in excess of the fime 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). 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) 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 acfion. Such acfion by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulfing from use by public traffic or from the acfion of the elements or from any other cause, except Contractor operafions 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. Revised 8/10/10 Contract No. 6324-1 Page 84 of 141 In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenA/ise 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 Woric. 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 penalfies prescribed in the Labor Code for violafions. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in secfion 10 of the Public Worics Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execufion of the Contract by the Board, the Contractor shall file with the Engineer the following signed certificafion: "I am aware of the provisions of Secfion 3700 of the Labor Code which require every employer to be insured against liability for workers' compensafion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract complete Workers' Compensation Insurance, and shall fumish a Certificate of Insurance to the Engineer before execufion 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 Revised 8/10/10 Contract No. 6324-1 Page 85 of 141 for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before explrafion or cancellafion is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of Califomia and are listed in the official publicafion of the Department of Insurance of the State of Califomia. 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 Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work unfil all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the dlsposal of all materials removed from the project. The cost of said permlt(s) shall be included in the price bid for the appropriate bid item and no addifional compensafion will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for penults 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 Incun-ed by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An altemative representative may be designated as well. The representative or altemate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representafive. 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 essenfial 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 entitied to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essenfial work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Revised 8/10/10 Contract No. 6324-1 Page 86 of 141 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 it 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 Specificafions, the Contractor shall fumish 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 construcfion, including restorafion, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill If permitted by the Specificafions. 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 unfil the condition Is corrected. No addifional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the durafion of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discrefion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no addifional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 87 of 141 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 anranged 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 resulfing from exterminafion operafions. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodafions shall be maintained in a neat and sanitary condifion. They shall also comply with all applicable laws, ordinances, and regulafions pertaining to public health and sanltafion of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt exisfing sewer facilifies, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to fiow In trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall fumish, 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 construcfion meter for water used for the construction, plant establishment maintenance, cleanup, testing and all other woric 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 pollufion. The Contractor shall comply with the Califomia State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be pemnitted In paved areas. Temporary dams of sandbags, asphalfic 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 combusfion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attenfion to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. /% Revised 8/10/10 Contract No. 6324-1 Page 88 of 141 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 neariy 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 othenA/ise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/ise 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 OthenA/ise 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 collecfion and removal of trash and garbage to maintain exisfing 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 Revised 8/10/10 Contract No. 6324-1 Page 89 of 141 grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless OthenA/ise 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 overiay operations, the Contractors schedule for overiay applicafion shall be designated to provide residents and business owners whose streets are to be overiaid 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 notificafion shall be hand delivered and shall state the date and fime the work will begin and its anficipated duration. The notificafion shall list two telephone numbers that may be called to obtain addifional Informafion. 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 notificafion shall also give a brief descripfion of the work and simple instrucfions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notificafion to the Engineer for approval. Nofices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notificafions, 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 fime of parking restricfion for a durafion not to exceed the fime necessary to complete the work at that locafion. Failure of the contractor to meet the posted date requires re-posfing the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work., The preparation, materials, printing and distribution of the notifications shall be Included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. Revised 8/10/10 Contract No. 6324-1 Page 90 of 141 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 addifional storage fime. Construction equipment shall not be stored at the Woric 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 othenA/ise 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, fiagpersons, and watchpersons. The Contractor shall be responsible for compliance with addifional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be cleariy posted as to load limit, with signs and posting conforming to cun-ent requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportafion. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (Latest version) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or funcfion 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, maricings, 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 refiecfive pavement markers shall conform to the provisions of Secfion 214-5.Let seq. All temporary refiecfive 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 Secfion 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Secfion 210-1.6 for materials and Secfion 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 tiiat 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 Revised 8/10/10 Contract No. 6324-1 Page 91 of 141 way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in perfomriing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be perfonned 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 opfion of the Contractor, shall be In confomiance 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 Specificafions", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Secfion 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 fiuorescent 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 024 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping fiag tree with fiags. The signpost or fiag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet (6') nor operate equipment within two feet (2') from any traffic lane occupied by traffic. For equipment, the two feet (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorizafion to the reducfion in clearance that is specific to the fime, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide handlers. During the entire construction, a minimum of one (1) paved traffic lane not less than twelve feet (12') wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (Latest version) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such addifional 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 Revised 8/10/10 Contract No. 6324-1 Page 92 of 141 start traffic striping operafions using an alternative plan unfil 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 Califomia Manual on Uniform Traffic Control Devices (Latest version) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineafion shall be provided at all fimes for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineafion shall be performed by the Contractor. When temporary pavement delineafion is removed, all lines and marks used to establish the alignment of the temporary pavement delineafion shall be removed by grinding. Surfaces to receive temporary pavement delineafion shall be dry and free of dirt and loose material. Temporary pavement delineafion shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with pennanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineafion or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineafion Is required to be removed, all lines and marics used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construcfion activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Woric 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 durafion of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, cun/e radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modificafions, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (Latest version) as published by CALTRANS. Such modification, addifion, 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 modificafions, supplements, and/or new designs to TCP. The Engineer may approve any such modificafions, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modificafions, 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 modlficafion, addifion, supplement, and/or new design shall not be implemented and no work shall be commenced that is confingent on such approval unfil the \^ changed TCP are approved by the Engineer. The preparafion of such modification, addition, ^¥ Revised 8/10/10 Contract No. 6324-1 Page 93 of 141 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 modificafions, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensafion will be allowed therefore. 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 excavafion shall start unfil the Engineer has accepted the plan and the Contractor has obtained a pennit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for perfonning all work necessary to provide safety measures shall be included in the prices bid for other Items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized In wrifing by the Engineer, or as othenA/lse stated in the Specifications. Explosives shall be handled, used, and stored In accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. Revised 8/10/10 Contract No. 6324-1 Page 94 of 141 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 Woric, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potenfial 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 sind cleaning the space of materials and residue 3. Potential Isolation and control of energy and material infiow 4. Controlled access to the space 5. Atmospheric tesfing of the space 6. Ventilafion of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall Include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility In carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Titie 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 unfil the pre-entry procedures demonstrate othenA/ise. 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 fimes for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implemenfing, 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 precaufions 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 fimes, as required by the conditions and progress of the woric, 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. Revised 8/10/10 Contract No. 6324-1 Page 95 of 141 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 infomied of State and National laws and County and Municipal ordinances and regulations which In any manner affect those employed in the Woric 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 locafions or possible materials, such as borrow pits or gravel beds, for use in the proposed construcfion project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Secfion 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, titie, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final -""^ payment to the contractor, without further acknowledgment of the parties." w SECTION 8 " FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL. All facilifies provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilifies must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Secfion 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Secfion 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilifies for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrentiy by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. OthenA/ise any facilities furnished are for the exclusive use of Agency personnel. All facilities shall confonn to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. Revised 8/10/10 Contract No. 6324-1 Page 96 of 141 The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilifies. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved unfil all facilifies are in place and fully comply with the Specificafions. 8-2 FIELD OFFICE FACILITIES. 8- 2.1 Class "A" Field Office. Field office facilities shall be required for this project SECTION 9 - MEASUREMENT AND PAYMENT 9- 1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenA/ise specified, quanfifies of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantifies of pipe, piling, fencing and fimber shall be considered as being the true length measured along longitudinal axis. Unless OthenA/ise 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 planlmeter 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 quantifies are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensafion 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 f^' used only as a basis for determining progress payments on a lump sum contract or designated ^tfgir.^ lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and Revised 8/10/10 Contract No. 6324-1 Page 97 of 141 sufficientiy 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 quanfifies of Contract items constructed in accordance with the Plans and Specificafions. Upon complefion of construcfion, if the actual quanfifies show either an increase or decrease from the quantifies given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Secfion 3-2.2.1. The unit and lump sum prices to be paid shall be full compensafion 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 has been placed, and material placed outside of the Plan lines. No compensafion 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 acfion is required to prevent injury, death, or property damage, and precaufions 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 nofify 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 OthenA/ise 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 properiy executed nofice 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. Revised 8/10/10 Contract No. 6324-1 Page 98 of 141 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 esfimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properiy 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 Secfion 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay esfimate and submit it to the Contractor for the Contractor's informafion. 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 justificafion supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as pracficable 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 retumed to the Contractor as soon as pracficable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in wrifing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Secfion 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 esfimate 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 fiie Califomia 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. Revised 8/10/10 Contract No. 6324-1 Page 99 of 141 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 fime 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 documentafion in the aforemenfioned fime, 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 Secfion 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to fumish 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 esfimate. No claim will be considered that was not included In this written statement, nor will any claim be allowed for which written nofice 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 limltafion 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 esfimate. Revised 8/10/10 Contract No. 6324-1 Page 100 of 141 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobllizafion and subject to the condifions and limitafions in the Specifications, the costs of work in advance of construcfion operafions 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 woric. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specificafions shall be considered as included in the Bid Items. Contractor must protect exisfing ufilities, improvements, landscaping, imgation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, imgation systems, and vegetation at his expense. Revised 8/10/10 Contract No. 6324-1 Page 101 of 141 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The altemafive gradings within Class 1 permeable material are identified by types. Unless OthenA/ise shown on the plans the Contractor will be permitted to fumish and place any one of the types provided for this class. The percentage composifion by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 P ERMEABLE MATERIAL Sieve Sizes Percen Type A tage Passing Type B 50-mm (2") 100 37.5-mm(lV2") — 95-100 19-mm (%") 100 50-100 12.5-mm (V2") 95-100 — 9.5-mm (%") 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-|jm (no. 200) 0-3 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm(1") 100 19-mm (%") 90-100 9.5-mm (%") 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No. 8) 18-33 600-Mm (No. 30) 5-15 300-Mm (No. 50) 0-7 75-Mm (no. 200) 0-3 ^¥ Revised 8/10/10 Contract No. 6324-1 Page 102 of 141 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) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (2) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundafions and Survey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (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 Specificafions for Public Works Construcfion not shown herein as changed are not affected by this table. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following secfion: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specificafions and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extnjsion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, bums, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retrorefiective sheeting, and E. Manufacturer's identlficafion and lot number of retrorefiective sheeting. The above notation shall be applied directiy to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plasfic Revised 8/10/10 Contract No. 6324-1 Page 103 of 141 signs. Painting, screening, or engraving of the notation will not be allowed. The notafion shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specificafions. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Nofice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightiy adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided 1 with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Dlego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direcfion, warning, and regulafion of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stafionary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs In accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, fiat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specificafions. The date of approval shall be the date most closely preceding the date of manufacture of the slgn(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismafic sheeting (High Intensity Prismatic or equivalent) or Type IX Revised 8/10/10 Contract No. 6324-1 Page 104 of 141 prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightiy adherent chromate conversion coafing free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be Installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RSI, RS2, RS3 and RS4 for Installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m(7'). d) Unless othen^^ise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m^ (5 ft^)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed In immediate operafion. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, fiexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stafionary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applicafions of orange enamel which will match the color of the sign panel background. Tesfing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Secfion pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabllizafion of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four \^ faces with 11mm (7/16") holes on 25 mm (1") centers. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 105 of 141 Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured In the center of the fiat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size detemnined at the comer. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius Is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld fiash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed In the comer. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size Is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing Is plus or minus 3.2 mm In 6.1 m (1/8" in 20'). In addifion, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions mm (inches) Outside Tolerance for All Sides at Comers mm (Inches) 25x25 (1 Xl) 0.13 0.005 32x32 (IV4XIV4) 0.15 0.006 38 X 38 (IV2XIV2) 0.15 0.006 44x44 (1%x1%) 0.20 0.008 51x51 (2x2) 0.20 0.008 56x56 (2=*/l6X 2-^/16) 0.25 0.010 57x57 (2V4X2V4) 0.25 0.010 64 X 64 (2V2X2V2) 0.25 0.010 51 x76 (2x3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) Squareness^^^ mm (Inches) Twist Permissible In 900 mm f3") mm^2) (Inches)^^^ 25x25 (1x1) 0.15 0.006 1.3 0.050 32x32 (I-V4XI-V4) 0.18 0.007 1.3 0.050 38x38 (I-V2XI-V2) 0.20 0.009 1.3 0.050 44x44 (1-%x1-%) 0.25 0.010 1.6 0.062 51 x51 (2x2) 0.30 0.012 1.6 0.062 56x56 (2-^/l6 X 2-^/i6) 0.36 0.014 1.6 0.062 57x57 (2-V4X2-V4) 0.36 1.014 1.6 0.062 64x64 (2-V2X2-V2) 0.38 0.015 1.9 0.075 51 x76 (2x3) 0.46 0.018 1.9 0.075 Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and nofing the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following secfion: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall confonn to ASTM B-633, Type 111 ^¥ Revised 8/10/10 Contract No. 6324-1 Page 106 of 141 Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to fomn a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed In immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operafion height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-llne matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or extemally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the informafion display to the speed of the approaching traffic. The fiashing off fime shall be operator adjustable within the control cabinet. Add the following secfion: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendafions. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, Including cun-ent registration. ^4"'Revised 8/10/10 Contract No. 6324-1 Page 107 of 141 Add the following section: 206- 9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and Incidentals, and for doing all the work involved In fumishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the complefion of the construcfion, in good working order, and as directed by the Engineer, and no other compensafion will be made. SECTION 207 - PIPE Add the following secfion: 207- 25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (B). TABLE 207-25.1 (A) DETEC1 FABLE UNDERGROUND UTILITY MARKI NG TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5.500 PSI) ' Elongation ASTM D882-88 <50 percent at break Printabllity ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specificafions >30 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1(B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communicafions, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Revised 8/10/10 Contract No. 6324-1 Page 108 of 141 Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Mari<ing Tape shall meet the Vrequirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specificafion for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 209 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specificafions replaces Secfion 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specificafions for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specificafions is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals. Section 209 SSPWC is unmodified except as specified in sections other than Secfion 209, herein. SECTION 86 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 86-2 MATERIALS AND INSTALLATION Replace Secfion 86-2.02 with the following: 86-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7- 9. "Protection and Restoration of Existing Improvements" and 306-1.5. "Trench Resurfacina". improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor's operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outiine of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2") with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. Replace Section 86-2.05B with the following: f^- 86-2.05B Use. Exposed conduit installed on a painted structure shall be painted the same color as %^ the structure. Unless othenA/ise indicated, the minimum metric trade size of conduit shall be: 1) From an electrolier to the adjacent pull box shall be Size 41 (1V2" dia). A ^¥ Revised 8/10/10 Contract No. 6324-1 Page 109 of 141 2) From a pedestrian push button post to the adjacent pull box shall be Size 27 (1" dia). 3) From a signal standard to the adjacent pull box shall be Size 53 (2" dia). 4) From a controller cabinet to the adjacent pull box shall be Size 78 (3" dia). 5) For detector runs shall be Size 78 (3" dia). 6) Not OthenA/ise specified shall be Size 78 (3" dia). Add the following: 86-2.08 Conductors. Signal cable shall be used for all new traffic signal installations. Individual conductors shall not be used. Add the following: 86-2.09B installation. All conductors shall be pulled directiy from the spool into the conduit and shall not be dragged on the ground as to cause damage to the conductors. 86-3 CONTROLLER ASSEMBLIES Add the following: 86-3.04A Cabinet Construction. Controller cabinets shall be fabricated from aluminum sheet. Controller cabinets shall have a single front door equipped with a Best Company lock core and lock. No other manufacturers shall be accepted. Add the following section: 86-3.05F Document Tray. Controller cabinets shall have a pull-out type document tray. Add the following section: 86-3.05G Uninterruptible Power System. An uninten-uptible power system (UPS) shall be Installed in each controller cabinet. The UPS shall be Clary SP 1000 series (or approved equal)and shall provide a minimum of eight (8) hours of continuous red flash operation at intersections using red LED signal indications and provide power conditioning to the controller. Batteries for the UPS shall be housed in a NEMA 3R rated cabinet mounted to the side of the Model 332 cabinet per Caltrans specifications. The battery cabinet door shall be equipped with a Best Company lock core and lock. 86-4 TRAFFIC SIGNAL FACES AND FITTINGS Replace Section 86-4.06 with the following: 86-4.06 Pedestrian Signal Faces. Message symbols for pedestrian signal faces shall be white WALKING PERSON, Portland orange UPRAISED HAND and COUNTDOWN DIGITS. Pedestrian signal faces shall conform to definitions and practices described in "Pedestrian Traffic Control Signal Indications" published in the Equipment and Materials Standards of tlie Institute of Transportation Engineers, (refen^ed to in this document as "PTCSl") and in tiie Applicable Sections of Manual on Unifomri Traffic Control Devices (MUTCD) 2003 Section 4E. Add the following section: 86-4.06A Physical and Mechanical Requirements. Add the following section: 86-4.06A(1) General. Modules shall not require special tools for installation and shall fit into existing pedestrian signal housings built for the PTCSl sizes stated in Section 1 of the "walking person" and "hand" icon pedestrian signal indication Standard without modification to the housing. Installation of a retrofit replacement module into an existing pedestrian signal housing shall only require the removal of the existing optical unit components, i.e., lens, lamp module, gaskets, and refiector; shall be weather tight and fit securely in the housing; and shall connect directly to existing electrical wiring. %3 '¥ Revised 8/10/10 Contract No. 6324-1 Page 110 of 141 Add the following section: 86-4.06A(2) The Module under Physical and Mechanical Requirements. a. b. The LED module shall have a visual appearance similar to that of an incandescent lamp (ie: Smooth and non-pixilated). The module lens shall not be a replaceable part. Screwed on lenses are not allowed. Only modules with intemal mask shall be utilized. No external silk-screen shall be permitted. The dividers inside the module that make up the Icons and digits shall be black so as to eliminate sun phantom effect. When not Illuminated with the sun shining Into the module, the WALKING PERSON and UPRAISED HAND and COUNTDOWN DIGITS shall not be readily visible. The countdown digits of the pedestrian signal module shall be located adjacent to the associated UPRAISED HAND (symbolizing DON'T WALK). When displaying a number "1" for both digits, the number "1" shall use the two segments furthest to the right. The digits shall remain on during the entire count down cycle. Flashing digits are not allowed. The display of the number of remaining seconds shall begin only at the beginning of the pedestrian change interval. After the countdown displays zero, the display shall remain dark until the beginning of the next countdown. The walking person, hand icons and countdown digits (16"x18" size only) shall be incandescent looking. The configurafions of the walking person icon, hand icon and numbers icons are illustrated in Figures 1,2 (per PTCSl Part 2 Specification) and Figure 3 respecfively. Figure 1 Figure 2 Figure 3 Dimensions for Figures 1, 2 and 3 For each nominal message bearing surface (module) size, use the corresponding minimum H (height) and W (width) measurements: Module Size Icon Height Icon Width Count- down Height Count- down Width Countdown Segment Width 406 X 457 mm (16x18 in) 297 mm 11 in 178 mm 7 in 229 mm 9 in 178 mm 7 in 17.78 mm 0.7 in Note: The units shall not have any extemal attachments, dip switches, toggle switches or options that will allow the mode to be changed from counting the clearance cycle, to the full walk/don't walk cycle or any other modlficafion to the Icons or digits. Revised 8/10/10 Contract No. 6324-1 Page 111 of 141 Add the following section: 86-4.06A(3) Environmental Requirements. a. All exposed components of a module shall be suitable for prolonged exposure to the environment, without appreciable degradation that would Interfere with function or appear- ance. As a minimum, selected materials shall be rated for service for a period of a minimum of 60 months In a south-facing installation. b. The module shall be rated for use in the ambient operating temperature range, measured at tine exposed rear of ttie module, of -40X to +74X. (-40T to +165T). c. A module shall be protected against dust and moisture Intrusion, including rain and blowing rain. Shall be sealed and meet MIL-STD-810F Procedure I, Rain & Blowing Rain specifica- tions. d. The module lens shall not crack, craze or yellow due to solar UV In-adlation typical for a south- facing Arizona Desert Installation after a minimum of 60 months in service. Add the following section: 86-4.06A(4) Construction. a. To prevent water seepage between the back cover and the electrical wires, or between the copper and insulation of the wires, the electrical wires shall not penetrate the LED module housing. b. The module shall be a single, self-contained device, not requiring on-site assembly for installation into an existing pedestrian signal housing. The power supply shall be designed to fit and mount inside tiie pedestrian signal module. c. The assembly and manufacturing process for the module shall be designed to assure all intemal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. Add the following section: 86-4.06A(5) Materials. a. Materials used for the lens and LED module construction shall confomi to ASTM specifica- tions where applicable. b. Enclosures containing the power supply and electronic components of the LED module shall be made of UL94 fiame retardant materials. The lens of the LED module Is excluded from this requirement. c. The front window shall be a transparent polycarbonate material with intemal masking to prevent the icons and digits from being visible when not in operafion. Extemal masking or silk-screen technology shall not be permitted. When not Illuminated, the Walking Person, Hand and Countdown Digits shall not be readily visible. Add the following section: 86-4.06A(6) Module Identification. a. Each module shall be identified on the backside with the manufacturer's name, model, serial number and operating characteristics of each symbol. The operating characteristics Identified shall include the nominal operating voltage and stabilized power consumption, In watts and Volt- Amperes. b. Modules confomiing to this specification (WALKING PERSON, UPRAISED HAND only), may have the following statement on an attached label: "Manufactured In Confonnance witii the ITE Pedestrian Traffic Control Signal Indicafions - Part 2: Light Emitting Diode (LED) Pedestrian f^^^ Signal Modules". Revised 8/10/10 Contract No. 6324-1 Page 112 of 141 Add the following secfion: 86-4.06B Photometric Requirements. Add the following secfion: 86-4.06B(1) Luminance, Uniformity and Distribution. a. For a minimum period of 60 months, the maintained minimum luminance values for the modules under the operafing condifions defined in Sections 2.3.1 and 4.2.1, when measured normal to the plane of the icon surface, shall not be less than: Walking person: 2,200 c6/m. Hand: 1,400 cd/m^. Countdown digits: 1,400 cd/m' The luminance of the emitting surface, measured at angles from the nomial of the surface, may decrease linearly to a value of 50% of the values listed above at an angle of 15 degrees. The light output requirements in this specification apply to pedestrian signal heads without any visors, hooded or louvered (egg-crate). b. The LED module shall have a visual appearance similar to that of an incandescent lamp (i.e., smooth and non-pixilated). c. Maximum permissible luminance: When operated within the temperature range specified in Section 2.3.2, the actual luminance for a module shall not exceed tiiree times the required peak value of the minimum maintained luminance. d. Luminance unifomiity: The uniformity of the signal output across the emitting section of the module lens (i.e. the hand, person or countdown icon) shall not exceed a ratio of 5 to 1 between the maximum and minimum luminance values (cd/m^). Add the following section: 86-4.06B(2) Chromaticity. a. The standard colors for the LED Pedestrian Signal Module shall be White for the walking person and Portland Orange for the hand icon and the countdown digits. The colors for these icons shall conform to the following color regions, based on the 1931 CIE chromaticity diagram: Walking Person —White: Blue boundary: x = 0.280. 1^* Green boundary: 0.280 ^ x < 0.400 y= 0.7917«x +0.0983. 2"*^ Green boundary: 0.400 < x < 0.450 y=0.4600-x +0.2310. Yellow boundary: x = 0.450 1 Purple boundary: 0.450 < x < 0.400 y=0.4600«x +0.1810. 2™* Purple boundary: 0.400 ^ x < 0.280 y= 0.7917«x +0.0483. Revised 8/10/10 Contract No. 6324-1 Page 113 of 141 White Point X y 1 0.280 0.320 2 0.400 0.415 3 0.450 0.438 4 0.450 0.388 5 0.400 0.365 6 0.280 0.270 Hand and Countdown Digits—Portland Orange: Yellow boundary: y = 0.390 White boundary: 0.600 ^ x ^ 0.659 y = 0.990 - X Red boundary: y = 0.331. Portland Orange Point X Y 1 0.609 0.390 2 0.600 0.390 3 0.659 0.331 4 0.669 0.331 b. Color Unifornnity: U^. ^{Ax')+(Ay') < 0.04 Walking Person—^White: where Ax and Ay are the differences in the chromaticity coordinates of the measured colors to the coordinates of the average color, using the CIE 1931 Chromaticity Dia- gram and a 2 degree Standard Observer. Hand and Countdown Digits—Portland Orange: The dominant wavelength for any individual color measurement of a portion of the emitting surface of a module shall be within ±3nm of the dominant wavelength for the average color measurement of the emitting surface as a whole. Add the following section: 86-4.06C Electrical. Add the following section: 86-4.06C(1) General. All wiring and terminal blocks shall meet the requirements of Section 13.02 of the VTCSH Standard. Maximum of three secured, color coded, 1 meter (39 in) long 600 V, 16 AWG minimum, jacketed wires, conforming to the National Electrical Code, rated for service at +105**C, are to be provided for electrical connecfion. The conductors shall be color coded with orange for the hand, blue for the walking person and white as the common lead. Add the following secfion: 86-4.06C(2) Voltage. a. LED modules shall operate from a 60 + 3 Hertz ac line power over a voltage range from 80 to 135 VAC RMS. ) b. Nominal operafing voltage for all measurements shall be 120 + 3 VAC RMS. Revised 8/10/10 Contract No. 6324-1 Page 114 of 141 c. Fluctuations in line voltage over the range of 80 to 135 VAC RMS shall not affect luminous intensity by more than + 10%. d. Catastrophic failure of one LED light source in Man & Hand icons shall not result in the loss of more than the light from that one LED. e. To prevent the appearance of flicker, the module circuitry shall drive the LEDs at frequencies greater than 100 Hz when modulated, or at DC, over the voltage range specified in Section 4.2.1. f. Low Voltage Tum Off: There should be no illumination of the module when the applied voltage is less than 35 VAC RMS. To test for this condition, each icon must first be fully illuminated at the nominal operating voltage. The applied voltage shall then be reduced to the point where there is no illumination. This point must be greater than 35 VAC RMS. g. Turn-ON and Turn-OFF Time: A module shall reach 90% of full illumination (turn-ON) within 75 msec of the application of the nominal operating voltage. The signal shall cease emitting visible illumination (turn-OFF) within 75 msec of the removal of the nominal operating voltage. h. Default Condition: For abnormal conditions when nominal voltage is applied to the unit across the two-phase wires (rather than being applied to the phase wire and the neutral wire) the pedestrian signal unit shall default to the hand symbol. i. Icon Power Supplies: LED pedestrian countdown modules shall have two separate power supplies for powering the Walking Person and Upraised Hand icons. The circuitry shall be unrelated to power the LED Walking Person icon and the LED Upraised Hand icon, in order to virtually eliminate the risk of displaying the wrong icon Add the following section: 86-4.06C(3) Transient Voltage Protection. The on-board circuitry of a module shall Include voltage surge protection: • To withstand high-repetition noise transients and low-repetition high-energy tiransients as specified in NEMA Standard TS-2 2003; Section 2.1.8 Section 8.2 lEC 1000-4-5 & Section 6.1.2 ANSl/lEEE C62.41.2-2002, 3kV, 2 ohm • Section 8.0 lEC 1000-4-12 & Section 6.1.1 ANSI/IEEE C62.41.2-2002, 6kV, 30 ohm Add the following section: 86-4.06C(4) Electronic Noise. The LED signal and associated on-board circuitry shall meet the requirements of the Federal Communications Commission (FCC) Titie 47, Subpart B, Section 15 regulations conceming the emission of electronic noise by Class A digital devices. Add the following section: 86-4.06C(5) Power Factor (PF) and AC Harmonics. a. The modules shall provide a power factor of 0.90 or greater when operated at nominal operating voltage, and 25°C (77°F). b. Total harmonic distortion induced into an AC power line by the module, operated at nominal operating voltage, and at 25°C (77°F) shall not exceed 20%. Add the following section: 86-4.06C(6) Controller assembly Compatibility. a. The cun-ent draw shall be sufficient to ensure compatibility and proper triggering and operation of load cun-ent switches and confiict monitors in signal controller units. b. Off State Voltage Decay: When the module is switched from the On state to the Off state the terminal voltage shall decay to a value less than 10 VAC RMS in less than 100 milliseconds when driven by a maximum allowed load switch leakage cun-ent of 10 mllliamps peak (7.1 milliamps AC) ¥ Revised 8/10/10 Contract No. 6324-1 Page 115 of 141 Add the following secfion: 86-4.06C(7) Constant Current Drive. The countdown digits shall be driven by constant current to -^'^ improve LED efficiency and lifespan. Add the following secfion: 86-4.06C(8) Power Consumption. Maximum power consumption requirements for the modules are as follows: 25X "Hand" 11.0 Watts "Walking Person" 8.0 Watts "Count-Down Display"6.0 Watts (when display shows "88") Add the following section: 86-4.06D Module Functions. Add the following section: 86-4.06D(1) Cycle. The module shall operate In one mode: Clearance Cycle Countdown Mode Only. The module shall start counting when the fiashing don't walk turns on and will countdown to "0" and turn off when the steady "Don't Walk" signal turns on. The module shall not have user accessible switches or controls for the purpose of modifying the cycle. Icons or digits. Add the following section: 86-4.06D(2) Learning Cycle. At power on, the module enters a single automatic learning cycle. During the automatic learning cycle, the countdown display shall remain dark. Add the following section: 86-4.06D(3) Cycle Modification. The unit shall re-program itself if it detects any increase or '^j decrease of Pedestrian Timing. The digits shall go blank once a change is detected and then take one complete pedestrian cycle (with no counter during this cycle) to adjust its buffer timer. Add the following section: 86-4.06D(4) Recycling. The module shall allow for consecutive cycles without displaying the steady Hand icon ("Don't Walk"). Add the following section: 86-4.06D(5) Pre-Emption. The module shall recognize preemption events and temporarily modify the crossing cycle accordingly. • If the controller preempts during the walking man, the countdown shall follow the con- troller's directions and shall adjust from walking man to flashing hand. It shall start to count down during the flashing hand. • If the controller preempts during the flashing hand, the countdown shall continue to count down without inten^uption. The next cycle, following the preemption event, shall use the correct, initially programmed values. This specificafion is worded such that the flashing don't walk fime is not modified. Add the following section: 86-4.06D(6) "Don't Walk" Steady. If the controller output displays Don't Walk steady condition or if both the hand /person go dark and the unit has not arrived to zero, the unit suspends any timing and the digits shall go dark. Revised 8/10/10 Contract No. 6324-1 Page 116 of 141 Add the following section: 86-4.060(7) Power Outage. The digits will go dark for one pedestrian cycle after loss of power of more than 2.0 seconds. Add the following section: 86-4.06D(8) Digit Operation. The digits shall remain continuously lit during the clearance cycle and shall not flash In conjunction with the Hand/Don't Walk Icon. Add the following section: 86-4.06E Quality Assurance. Add the following section: 86-4.06E(1) General. Unless othenA/ise specified all of the test will be conducted at an ambient temperature of 25*0 and at the nominal operafing voltage of 120 VAC RMS. a. The modules shall be manufactured in accordance with a vendor quality assurance (QA) program. b. QA process and test result documentafion shall be kept on file for a minimum period of seven years Add the following secfion: 86-4.06E(2) Conformance. The module designs not safisfying design qualification testing and the production quality assurance testing perfomiance requirements shall not be labeled, advertised, or sold as confomiing to this specification. Add the following section: 86-4.06E(3) Production Tests & Inspections. All lamps manufactured shall be affixed with an Intertek ETL Verified label (or other 3'^ Party "Nafionally Recognized Tesfing Laboratory/NRTL") to demonstrate compliance to Secfion 6.3 (Producfion Tests & Inspecfions) of the latest ITE PTCSl Pedestrian specificafion, dated March 19, 2004. a. All new LED modules tendered for sale shall undergo the following Producfion Test and Inspecfion prior to shipment. Failure of a module to meet requirements of these Production Test and Inspection shall be cause for rejection. Test results shall be maintained for a period of 5 years following the production of the last production unit. b. All LED modules shall be tested for maintained minimum luminous intensity. A single point measurement with a correlation to the intensity requirements referred to in Section 3.0 may be used. The LED module shall be operated at nominal operafing voltage and at an ambient temperature of 25''C (77T). c. All LED modules shall be tested for power factor per the requirements of Section 4.6.1. A commercially available power factor meter may be used to perform this measurement. d. All LED modules shall be measured for current fiow in Amperes. The measured current values shall be compared against those resulfing from design qualificafion measurements in Section 5.4.6.1. Measured current values in excess of 120% of the design qualification current values shall be cause for rejection. e. All LED modules shall be visually inspected for any exterior physical damage or assembly anomalies: Add the following section: 86-4.06E(4) Design Qualification Testing. a. Design Qualificafion testing shall be performed on new module designs, and when a major design change has been implemented on an existing design. /\ ^¥ Revised 8/10/10 Contract No. 6324-1 Page 117 of 141 b. High Temperature High Humidity (HTHH): 1000 hours at +60°C (+140°F), 90% Relative Humidity with cycling starting at 30 down to 0. This will ensure that each symbol is properiy tested. c. Unless othenA/ise specified, all of the tests shall be conducted on the same set of randomly selected modules, hereafter called the sample set, at an ambient temperature of 25*'C and at the nominal operafing voltage of 120 VAC RMS. d. Testing shall be perfonned once every 5 years or when the module design or LED technology has been changed. The module manufacturer shall retain test data for a minimum period of 7 years and for a period of at least 5 years beyond the last date of manufacture of that model type. e. Conditioning: The module shall be energized for a minimum of 24 hours in an ambient temperature of +60*'C (+140*'F), 0% Relative Humidity with cycling starting at 99 down to 0. This will ensure that each symbol is properly conditioned. f. Mechanical Vibration: Mechanical vibration testing shall be performed per MIL-STD-883, Test Method 2007. g. Temperature Cycling: Temperature cycling shall be performed per MlL-STD-883, Test method 1010. The temperature range shall include the full ambient operating temperature range specified in Section 2.3.2. h. Moisture Resistance: Moisture resistance tesfing shall be performed per M1L-STD-810F, Test Method 506.4, Procedure 1, Rain and Blowing Rain. The test shall be conducted on stand- alone modules, without a protecfive housing. The modules shall be vertically oriented, such that the lens is directed towards the wind source when at a zero rotation angle. The modules shall be energized throughout the test. The water shall be at 25** ± 5X (77'' ± 9T). The wind velocity shall be 80 km/hr (50 mph). Add the following section: 86-4.06E(5) Warranty. Manufacturers will provide the following warranty provisions. Replacement or repair of an LED signal module that fails to function as intended due to workmanship or material defects within the first 5 years (60 months) from the date of delivery. Add the following: 86-4.09 Flashing Beacons. Refiecfive sheeting for W3-3 SIGNAL AHEAD signs, mounted on fiashing beacons, shall be Type IX prismafic cube-corner refiecfive sheeting (Diamond Grade VIP or equal). 86-5 DETECTORS Replace Section 86-5.01 A(5) with the following: 86-5.01A(5) Installation Details. Installation and tests shall conform to the details and notes shown on the plans. Unless shown othenA/ise each loop shall consist of 3 turns of conductor as specified in Secfion 86-5.01 A(4), "Construcfion Materials." Slots cut in the pavement shall be washed clean, blown out and thoroughly dried before installing conductors. Residue resulfing from slot cutting operations shall not be permitted to fiow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in accordance with Section 7-8.1, "Cleanup and Dust Control." After conductors are Installed In the slots cut in the pavement, the slots shall be tilled with sealant to within Vs Inch of the pavement surface. The sealant shall be at least one inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of sol- vents. The sealant for fllllng slots shall conform to the following: ¥ Revised 8/10/10 Contract No. 6324-1 Page 118 of 141 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190X (375°F) to 205X (400T). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as follows: Property ASTM Designation Requirement Cone Penetration, 25X, 150 g, 5 s D 5329, Sec. 6 3.5 mm, max. Flow, 60X D 5329, Sec. 8 5 mm, max. Resilience, 25X D5329, Sec. 12 25%, min. Softening Point D36 82 X, min. Ductility, 25X, 50 mm/min D 113 300 mm, min. Flash Point, COC, X D92 288 °C, min. Viscosity, Brookfield Thermosel, No. 27 Spindle, 20 rpm, 190X D4402 2.5-3.5 Pa s The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245*^0 (475*'F). Application of the hot- melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4*^0 (40'*F). Hot-melt sealant shall be packaged In containers cleariy marked "Detector Loop Sealant" and specifying the batch and lot number of the manufacturer. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor stafion cabinet when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termlnafion of the conductors in the controller or traffic monitoring stafion cabinet. Bands shall conform to the provisions in Secfion 86-2.09, "Wiring." If asphalt concrete surfacing is to be placed, the loop conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the sealant shall fill the slot fiush to the surface. Add the following secfion: 86-5.01 B Emergency Vehicle Pre-Emption Detector System. Each emergency vehicle pre-empfion detector system shall conform to the details shown on the plans and these special provisions and shall consist of an opfical emitter assembly or assemblies located on the appropriate vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal. Each system shall permit detection of Class 11 emergency vehicles. Class II emergency vehicles shall be capable of being detected at any range up to 2,500 feet from the optical detector. Add the following section: 86-5.01 B(1) Optical Emitter Assembly. Each optical emitter assembly shall consist of an emitter unit, an emitter control unit and connecting cables and shall confomi to the following: Revised 8/10/10 Contract No. 6324-1 Page 119 of 141 Each optical emitter assembly, including lamp, shall be designed to operate over an ambient temperature range of -34°C to 74°C at both modulation frequencies and to operate continuously at the higher frequency for a minimum of 3,000 hours at 25°C ambient before failure of lamp or any other component. Each emitter unit shall be controlled by a single, maintained-contact switch on the respective emitter control unit. The switch shall be capable of being positioned In a readily accessible locafion to the vehicle driver. The control unit shall contain a pilot light to Indicate that the emitter power circuit is energized and shall be capable of generating only Class 11 modulating code. Functional Requirements. Each emitter unit shall transmit optical energy in one direction only. The signal from each emitter unit shall be capable of being detected at a distance of 2,500 feet when used with a standard optical detection/discriminat6r assembly. The modulation frequency for Class II signal emitters shall be 14.035 Hz ± 0.003 Hz. The standard optical detection/discriminator assembly to be used In conducting the range tests shall be available from the manufacturer of the system. A certified performance report shall be furnished by the contractor with each assembly. The emitter unit shall be configured with a grating to provide precise directionality control. Electrical Requirements. Each optical emitter assembly shall be capable of providing full light output with input voltages between 10 and 16 volts DC. An optical emitter assembly shall not be damaged by Input voltages up to 7.5 volts DC about the supply voltage. The optical emitter assembly shall not generate voltage transient, on the input supply, which exceeds the supply voltage by more than 4 volts. Each optical emitter assembly shall not consume more than 100 watts at 17.5 volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC. The design and circuitry of each emitter unit shall permit its use on vehicles with either negative or positive ground without disassembly or rewiring of the unit. Mechanical Requirements. Each emitter unit shall be housed in a weatherproof, corrosion- resistant housing. The housing shall be provided with facilities to permit mounting on various types of vehicles and shall have provision for proper alignment of the emitter unit and for locking of the emitter unit into proper alignment. Each emitter control unit shall be provided with appurtenant hardware to pentiit its mounting in or on an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles, the emitter control unit and all exposed controls shall be weatherproof. Each emitter shall include a multi-purpose port compliant with the SAE J1708 communication standard to enable unit configuration to be set into the emitter and read from the emitter. Add the following secfion: 86-5.01 B(2) Optical Detection/Discriminator Assembly. Optical detection/discriminator assembly shall consist of one or more optical detectors, connecting cable and a discriminator module and conform to the following: Each such assembly, when used with standard emitters, shall have a range of up to 2,500 feet for Class II signals. Standard emitters for Class II signals shall be available from the manufacturer of the system. Range measurements shall be taken with all range adjustments on the discriminator module set to "maximum". "F Revised 8/10/10 Contract No. 6324-1 Page 120 of 141 Add the following section: 86-5.01 B(3) Optical Detector. Each optical detector shall be a waterproof unit capable of W receiving optical energy from one or two separately aimable directions. The horizontal angle between the two directions shall be variable from 5 degrees to 180 degrees. The reception angle for each photocell assembly shall be a maximum of 8 degrees in ail directions about the aiming axis of the assembly. Measurements of reception angle will be taken at a range of 2,500 feet for a Class 11 emitter. All Internal circuitry shall be solid state and electrical power shall be provided by the associated discriminator module. Each optical detector shall be contained In a housing, which shall include one or two rotatable photocell assemblies, an electronic assembly and a base. The base shall have an opening to permit its mounting on a mast arm. Each optical detector shall weigh no more than 2.5 pounds and shall present a maximum wind load area of 36 square inches. The housing shall be provided with weep holes to pennit drainage of condensed moisture. Each optical detector shall be installed, wired and aimed as specified by the manufacturer. Add the following secfion: 86-5.01 B(4) Optical Detector Cable. Opfical detector cable shall meet the requirements of 1PCEA-S-61-402/NEMA WC 5, Secfion 7.4, 600 volt control cable, 75°C, Type B and the following: The cable shall contain three conductors, each of which shall be AWG #20 (7x28) stranded, tinned copper with low-density polyethylene insulation. Minimum average insulation thickness shall be 25 mils. The insulation of individual conductors shall be color coded as follows: Yellow - Detector Signal #1 Blue - Detector Signal #2 Orange - Power (+) Bare (Drain) - Common or Ground The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20 percent overiap. Where the film is used, a AWG #20 (7x28) standard, finned, bare drain wire shall be place between the insulated conductors and the shield and in contact with the conducfive surface of the shield. The jacket shall be black polyvinyl chloride with a minimum rafing of 600 volts and 80°C and a minimum average thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA. The finished outside diameter of the cable shall not exceed 0.3 inches. The capacitance of the opfical detector cable, as measured between any conductor and the other conductors and the shield, shall not exceed 14.3 microfarads per 1000 feet. The characterisfic impedance of the opfical detector cable shall be 0.6 ohms per 1000 feet. Add the following section: 86-5.01 B(5) Discriminator Module. Each discriminator module shall be designed to be compatible and usable with Model 170 controller unit and to be mounted in the input file of a Model 332 controller cabinet, and shall conform to the requirements of Chapter 1 of the State of California, Department of Transportafion, "Traffic Signal Control Equipment Specifications", dated January 1989, and to all addenda thereto cun-ent at the fime of project advertisement. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 121 of 141 Each discriminator module shall be capable of operafing one or two channels and shall be capable of: 1. Receiving Class II signals at a range of up to 2,500 feet. 2. Decoding the signal on tiie basis of frequency at 14.035 Hz ± 0.003 Hz for Class II signals. 3. Establishing the validity of received signals on the basis of frequency and length of fime received. A signal shall be considered valid only when received for more than 0.50 seconds. No combination of Class 1 signals shall be recognized as a Class 11 signal regardless of the number of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 ± 0.5 seconds and 10 ± 0.5 seconds. 4. Providing an output for each channel that will result in "low" or grounded condition of the appropriate input of a Model 170 controller unit. For Class 11 signals the output shall be steady. Each discriminator module shall be powered from 115 volt (95 volts AC to 135 volts AC), 60 Hz mains and will contain an internal, regulated power supply that supports up to twelve optical detectors. Electric power, one detector input for each channel and one output for each channel, shall terminate at the printed circuit board edge connector pins listed below. Board edge connector pin assignments shall be as follows: Pins Function Pins Function A Ground P Not used D Channel A primary detector input R Detector 24 VDC power output E Detector 24 VDC power output S Not used F Channel A output, collector (+) T Not used H Channel A output, emitter (-) U Not used J Channel B primary detector input V Detector ground K Detector ground w Channel B output collector (+) L Earth ground X Channel B output emitter (-) M AC-(in) Y Not used N AC + (in) z Not used Two auxiliary inputs for each channel shall enter each module through the front panel connector. Pin assignment for the connector shall be as follows: Pins Function 13 Auxiliary detector 2 input, Channel A 14 Auxiliary detector 1 input, Channel B 15 Auxiliary detector 2 input, Channel B 28 Auxiliary detector 1 input, Channel A Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with Model 170 controller unit inputs. Each discriminator module shall be provided with means of preventing transients received by the detector from affecting the Model 170 controller assembly. Each discriminator module shall have a single connector board, shall be capable of being inserted into the input file of a Model 332 cabinet and shall occupy one slot width of the input file. The front panel of each module shall have a handle to facilitate withdrawal and the following controls and indicators for each channel: Revised 8/10/10 Contract No. 6324-1 Page 122 of 141 1. A Command (High) and Advantage (Low) solid-state LED indicator for each channel to display active calls. 2. A test switch for each channel to test proper operation of Command or Advantage priority. 3. A single confimiation light control output for each channel. These outputs shall be user configurable through software for a variety of confimnafion light sequences. The front panel shall be provided with a single circular, bayonet-captured, multi-pin connector for two auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a D-Shell 44-Pin front panel. Wiring for a Model 332 cabinet shall conform to the following: Slots 12 and 13 of the input file "J" shall be wired to accept a two-channel module. Field wiring for the primary detectors, except 24-volt DC power, shall terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file "J", depending on cabinet configurafion. Where TB-9 is used, posifion assignments shall be as follows: Position Assignment 4 Channel A detector input, 1 module (Slot J-12) 5 Channel B detector input, 1^^ module (Slot J-12) 7 Channel A detector Input, 2"'' module (Slot J-13) 8 Channel B detector input, 2"^ module (Slot J-13) The 24 volt cabinet DC power shall be available at Position 1 of terminal board TB-1 in the controller cabinet. All field wiring for the auxiliary detectors shall terminate on terminal board TB-0 in the controller cabinet. Position assignments are as follows: Position Assignment 7 +24VDC from (J-13E) 8 Detector ground from (J-13K) 9 Channel A auxiliary detector input 1 10 Channel A auxiliary detector Input 2 11 Channel B auxiliary detector input 1 12 Channel B auxiliary detector input 2 The contractor shall demonstrate that all of the components of the system will perform satisfactorily as a system. Satisfactory perfomiance shall be determined using the following test procedure: 1. Each system to be used for testing shall consist of an optical emitter assembly, an optical detector, at least 200 feet of optical detector cable and a discriminator module. 2. The discriminator modules shall be installed in the proper input file slot of Model 332 controller cabinet. The controller cabinet, together with a Model 170 controller unit with the appropriate operafing program, a Model 210 monitor unit and 120 volt AC power, will be available as shown on the plans and as indicated elsewhere in these special provisions. 3. One test shall be conducted using a Class II signal emitter and a distance of 2,500 feet between the emitter and the detector. All range adjustments on the module shall be set to "Maximum" for each test. 4. Each test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute "on" interval and a one minute "off' interval. During the total test period: (A) the emitter signal shall cause the proper response from the Model 170 controller unit during each "on" interval and (B) there shall be no improper operation of either the Model 170 controller unit or the monitor during each "off' interval. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 123 of 141 Add the following section: i 86-5.01 D Video Detection System. The video detection system shall consist of one (1) video camera and one (1) video detection processor (VDP) for each vehicle approach. A video monitor and a pointing device shall be housed in the controller cabinet. The system shall Include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a poinfing device to place zones on a video image. A minimum of 24 detection zones per camera shall be available. All video detection hardware fumished by the contractor shall be new and video detection software shall be latest available version. Add the following section: 86-5.01 D(1) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RSI 70 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing device. The VDP shall detect vehicles in real time as they travel across each detection zone. The VDP shall have an RS-232 port for communications with an external computer. The VDP shall accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector pattems. The VDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A Windows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradafion, up to 300m (1000 ft). The VDP shall default to a safe condition, such as a constant call to each active detection channel, in the event of unacceptable Interference In the video signal. The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists. Add the following section: 86-5.01 D(2) Operational Requirements. A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND'ed or OR'ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detecfion zones shall be done by using a poinfing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of ^ the detection zone pattern for current use shall be done through a menu system. It shall be possible ' to activate a detection zone pattem for a camera from VDP memory and have the detection zone * pattem displayed within one second of activation. When a vehicle is detected crossing a detection Revised 8/10/10 Contract No. 6324-1 Page 124 of 141 zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather condifions (rain, snow or fog). Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera. The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfigurafion (DZR) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified. Detecfion zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS-232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes. Add the following section: 86-5.01 D(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounfing in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7.1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of -34X to +74°C (-29T to +165^) and a humidity range of 0%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin "D" subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RSI70 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other devices. Add the following section: 86-5.01 D(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operafion. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of fime of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of night fime to day time but not less than the range of 0.1 lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1° to 45.9°. A single camera configurafion shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night. The camera shall be housed In a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for Revised 8/10/10 Contract No. 6324-1 Page 125 of 141 water diversion to prevent water from fiowing in the camera's field of view. The camera enclosure with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostafically controlled heater to assure proper operafion of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure. When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of -34X to +60X (-29T to +140°F) and a humidity range of 0% RH to 100% RH. The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. Recommended camera placement height shall be 10m (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 100m (350 ft) for reliable detection (height:distance ration of 10:100). Camera placement and field of view shall be unobstructed and as noted in the Installafion documentafion provided by the supplier. The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same connector. The video signal output by the camera shall be black and white in RSI 70 or CCIR format. The video signal shall be fully isolated from the camera enclosure and power cabling. Add the following section: 86-5.01 D(5) Installation Requirements. The coaxial cable to be used between the camera and the VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (100 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 In). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installafion materials provided by the supplier. Proof of factory certificafion shall be provided. Add the following section: 86-5.01 D(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier's standard warranty included in the Terms and Conditions of Sale documentation. During tiie wan'anty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 126 of 141 Add the following secfion: 86-5.01 D(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made available for delivery within 30 days of placement of an acceptable order at the supplier's current pricing and temis of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier's current pricing and terms of sale for on-site technical support services. Installation or training support shall be provided by a factory authorized representative. All product documentation shall be written in the English language. The contractor shall ensure the presence of a factory authorized representative at the time of traffic signal turn-on. 86-6 LIGHTING Replace Section 86-6.01 with the following: 86-6.01 Luminaires for Street Lighting. Luminaires for street lighting shall be 5,500 pupil lumen (40 watt) or 13,700 pupil lumen (100 watt) high efficiency inducfion lamps . Street lighting luminaires shall be US Lighting Tech catalog number CO1.1-120/277V-40W-5K-FCG and CO1.1-120/277V- 100W-5K-FCG or approved equal. Replace Section 86-6.02 with the following: 86-6.02 Luminaires for Safety Lighting. Luminaires for safety lighting on traffic signal standards shall be 20,665 lumen (150 watt) or 27,540 lumen (250 watt) high efficiency induction lamps. Safety lighting luminaires shall be US Lighting Tech catalog number HA-120/277V-150W-5K-FCG or HR- 120/277V-200W-5K-FCG or approved equal. Replace Section 86-6.03 with the following: 86-6.03 Mission Bell Luminaires. The contractor shall be responsible for furnishing and installing all components of the Mission Bell fixture and light standard in accordance to manufacturer's specifications and these special provisions. The Contractor's responsibility shall Include, but is not limited to, mounting adaptor to mast arm, mounting bracket for use with photoelectric control and suspension method for conductors. Dissimilar metals shall not be used for mounting the Mission Bell to the fixture adapter (plumberizer). The 50 mm (2") diameter close aluminum nipples used between the plumberizer and Mission Bell casting shall be fabricated from bar stock aluminum confomiing to ASTM designation 6061-T6 or 6063-T1 and shall be bored through along their central axis with a 25 mm (1") diameter hole to accommodate the lighting conductors. All aluminum incorporated in the fixture shall be clear anodized in accordance with Aluminum Association designation AA-M12C22A41. The minimum anodic coating thickness shall be not less than 0.03 mm (1.0 mil). Mission Bell luminaires shall confomi to the requirements of section 86-6.01 of these special provisions except as noted In this section (86- 6.02). Mission bell luminaires shall use 100 watt high efficiency induction lamps featuring a color temperature of 5,000 Kelvin and shall be US Lighting Tech or approved equal. All Mission Bell luminaires from any source shall be modified as specified herein. The Contractor shall submit shop drawings for the mounting design for approval by the Engineer prior to fabrication in accordance with Section 2-5.3 Shop Drawings. Add the following: 86-6.07 Photoelectric Controls. Type IV photoelectric control shall be used unless otherwise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 127 of 141 SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-reatment / Surface Preparation Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appearance None Two coats white Acrylic Emulsion Paint (1) acrylic emulsion paint designed for use on exterior masonry. This paint siiali comply in all respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, tum pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specificafion No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water bome paint and the molten thermoplasfic material and shall conform to the requirements of CALTRANS Specificafion No. 8010-004 (Type II). CALTRANS Specifications for water bome paint, themnoplastic material and glass beads may be obtained from the CALTRANS Transportafion Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following secfion: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilifies. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightiy contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be perfonned after fabricafion into the largest pracfical secfions. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft^) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft^). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Revised 8/10/10 Contract No. 6324-1 Page 128 of 141 Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specificafions of ASTM Designafion: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated In accordance with the requirements of the ASTM Designations. Unless OthenA/ise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painfing of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required In the specificafions shall be one of the types shown in Table 214-5.1(A), or equal thereto. TABLE 214-5.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overiay Davidson Traffic Control Products, 3110 70*^ Avenue East, Tacoma, Markers WA 98424, (877) 335-4638 Add the following secfion: 14-5.2 Permanent Reflective Channelizer. Refiecfive Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locafions shown on the plans. Refiecfive channelizer posts shall be orange in color. Reflective channelizers shall have affixed white refiecfive sheefing as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 129 of 141 TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800)537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Eariy Branch, SC 29916 (800)648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certiflcate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the pennanent refiecfive channelizers comply with the plans and specificafions and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. ¥ Revised 8/10/10 Contract No. 6324-1 Page 130 of 141 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevenfion work, the Contractor shall prepare and submit Stomi Water Pollufion Prevenfion Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specificafions for Public Works Constmction, the requirements in the California Storm Water Quality Associafion, Stormwater Best Management Pracfice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required secfions. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporafing the required changes, shall be submitted to the Engineer. In order to allow construcfion acfivifies to proceed, the Engineer may condifionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of stomi water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in stomi water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control pracfices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities oufiined in the SWPPP. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 131 of 141 The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construcfion Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollufion Prevenfion Drawings. The Contractor shall amend the SWPPP, graphically and in narrafive form, whenever there is a change in construcfion acfivifies or operafions which may affect the discharge of significant quanfifies of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effecfively achieved the objecfive of reducing pollutants In storm water discharges. Amendments shall show addifional control measures or revised operations. Including those in areas not shown In the Initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the addifional control measures or revised operafions. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representafive of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protecfion Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements goveming the Permit. If the project is In non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of Identification of non-compliance. Add the following secfion: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document Is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to refiect the Confi-actor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP implementation. Upon acceptance of the SWPPP, the Confi^actor shall be ^ responsible throughout the duration of the project for installing, constructing, inspecting and ^ maintaining the control measures included in the SWPPP and any amendments thereto and for ^¥ Revised 8/10/10 Contract No. 6324-1 Page 132 of 141 removing and disposing of temporary control measures. Unless othenvlse directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementafion shall confinue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementafion of soil stabllizafion practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the durafion of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construcfion operafions, at the Contractor's cost, which create water pollufion if the Contractor fails to conform to the requirements of this secfion as determined by the Engineer. Add the following secfion: 300-13.1.5 Maintenance. To ensure the proper implementafion and funcfioning of control measures, the Contractor shall regulariy inspect and maintain the construcfion site for the control measures identified in the SWPPP. the Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the constmction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitafion which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or funcfioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and fime if requested by the Contractor and accepted by the Engineer in wrifing, but not later than the onset of subsequent precipitation events. The connecfion of deficiencies shall be at no additional cost to the City. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 133 of 141 SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless othenA/ise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Considerafion of steel plate bridging In the review process will take into account the following factors: 1. Traffic volume and composifion. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavafion. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED fl<mh) + SLOPE X 100] X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (moh) + SLOPE X 100] X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edifion as amended by the MUTCD 2003 Califomia Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administrafion (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edifion as amended by the MUTCD 2003 Califomia Supplement. DAYS .= total number of 24 hour periods during which the plates will be ufilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be ufilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be In place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be ufilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed In kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construcfion zone speed reducfions. SLOPE = the quofient of the vertical differenfial divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locafions spanning a dis- tance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 134 of 141 When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discrefion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, constmction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each locafion so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specificafions. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitufion of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavafions in accordance with secfion 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operafions of an excavation in the traveled way, whether transverse or longitudinal cannot be properiy completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, It Is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be Installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's opfion, be mixed with no more that 50%, by volume, of Type I aggregate confomiing to the requirements of tables 203-5.2(B) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement secfion, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement secfion shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street Revised 8/10/10 Contract No. 6324-1 Page 135 of 141 surface during and after their use. Add the following section: 306-1.1.7.4 l\/laterials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS Pi OR A GIVEN TRENCH WIDTH Maximum Trench Width Minimum Plate Thickness 0.3 m (10") 13 mm (V) 0.6 m (23") 19 mm 0.8 m (31") 22 mm Ck") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 YA") the Engineer for review and approval in accordance witii section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specificafions Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of fricfion of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of fricfion available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to Califomia Test Method 342. In addifion to all other required construcfion signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following secfion: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing. Installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overiiead of any type or description will be paid for as an incidental to the work that the bridging is Installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for fumishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densificafion of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for ufilifies undergrounding which includes the ufillty trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for ufilifies undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be ^¥ Revised 8/10/10 Contract No. 6324-1 Page 136 of 141 installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm {YA") nylon pull ropes in all conduit. 306-5 ABANDONIVIENT OF CONDUITS AND STRUCTURES. Add the following: Unless othenA/ise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Secfion 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. SECTION 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 painfing traffic lanes, direcfional arrows, guidelines, curbs, parking lines, crosswalks, and other designated mari<ings in accordance with the Plans, or for approved temporary detours essenfial 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 confiict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (Vs") in 3 m (10') when measured parallel to the centeriine of the street or more than 6 mm (V4") in 3 m (10') when measured perpendicular to the centeriine of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks In the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modlty the first paragraph as follows: The Contractor shall remove all exisfing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that confiict 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 fiow 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 limitafions for high velocity Z***^ water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay Is not permitted. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 137 of 141 310-5.6.7 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 deviafing more than 80mm per 100mm (1/ 2 inch In 50 feet) by wet grinding, and then correcfing the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are cleariy 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 specificafions shall be included in the lump-sum price bid for installation of the traffic signal, and no additional compensafion will be allowed therefore. Reapplicafion of temporary stripes and markings shall be repainted at the Contractor's expense, and no addifional compensafion will be allowed therefore. The lump sum bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Secfion: 310-7 PERMANENT SIGNING Add the following Secfion: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locafions shown on plans and as specified herein. Add the following secfion: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specificafions are a part of the lump-sum item for Installafion of the traffic signal and no addifional compensafion will be allowed therefore. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PI-ACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove refiecfive channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of posifion as for applicafion of paint in secfion 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright posifion, from any cause, the channelizers shall immediately be replaced or restored to their original locafion, by the Contractor. When refiecfive channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. -*% V Revised 8/10/10 Contract No. 6324-1 Page 138 of 141 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following secfion: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following secfion: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary refiecfive raised pavement markers shall be placed in accordance with the manufacturer's Instmcfions. Temporary refiecfive raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary refiecfive raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary refiecfive raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Refiecfive pavement markers used In place of the removable-type pavement markers shall conform to the secfion 312 "Pavement Mariner Placement and Removal", except the 14-day waifing period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following secfion: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange In color. Channelizers shall have affixed white refiecfive sheefing as specified in the special provisions. The refiecfive sheefing shall be 75 mm x 300 mm (3" x 12") in size. The refiecfive sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specificafions and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following secfion: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following secfion: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locafions shown on plans and specified herein. /% Revised 8/10/10 Contract No. 6324-1 Page 139 of 141 Add the following secfion: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painfing". Contractor shall be responsible for the removal and cleanup or painfing over the graffifi from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffifi, fire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions In sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions secfions 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designafion: A 36/A 36M. The bolts shall confomi to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (V) thick plate welded on the upper end with a 5-mm (^/le") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTf^ANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundafion. The foundafion shall be graded to provide a uniform bearing throughout the enfire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substanfial offset to each other. The precast concrete units shall be posifioned straight on tangent alignment and on a tme arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a refiector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel confomiing to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. ^¥ Revised 8/10/10 Contract No. 6324-1 Page 140 of 141 Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavafion or embankment was used to accommodate the temporary railing shall be restored to its previous condifion, or constmcted to its planned condifion. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" manufactured by Energy Absorption Systems, "Fitch Inertial Ban^ier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurafions shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direcfion, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P mari<er panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 Califomia Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appuriienances thereto shown on the plans or required in the specifications are a part of the lump- sum item for installafion of the traffic signal and no addifional compensafion will be allowed therefore. Payment for installafion and/or relocafion of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per secfion 3-3, Extra Work, SSPWC. ¥ Revised 8/10/10 Contract No. 6324-1 Page 141 of 141