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Home My WebLink AboutSelect Electric Inc; 2020-01-30; PWS20-904TRANDocuSign Envelope ID: A2F61 E7D-156C-429C-9628-802402835CFF Project: 6329/6330, Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 01 PROJECT: 6329/6330, Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court CONTRACT NO. PWS20-904TRAN ACCOUNT NO. 152 7000 9060 63292 9066 152 7000 9060 63302 9066 CONTRACTOR: Select Electric. Inc. ADDRESS: 2790 Business Park Drive Vista, CA 92081 P .0. NO. P138534 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Perform additional potholing work for five traffic signal pole relocations. (COR #2) Increase to contract cost.. ................................................................ $2, 715.00 Item 2: Revise traffic signal pole equipment as follows, Lump Sum (COR #3): Cassia Road: Increase size of single member arm (SMA) on traffic signal pole A from 40' to 45' Increase size of pole C from 19-3100 w/25' SMA to 24-3100 w/35' SMA Increase size of Pedestrian Push Button Post from 40" to 58" Skimmer Court: Increase size of pole H from 26-4-100 w/40' SMA to a 29-5-100 w/50' SMA Increase to contract cost. ................................................................ $15,999.00 Item 3: Reduce Schedule A, Bid Item 10: 2" Conduit Installation @ $42.00/LF by 50 LF. (RFI 10) Decrease to contract cost. .............................................................. ($2, 1 00. 00) DocuSign Envelope ID: A2F61 E7D-156C-429C-9628-802402835CFF Project: 6329/6330, Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court Change Order No. 1 Item 4: Increase Schedule A, Bid Item 11: 3" Conduit Installation @ $40.00/LF by 70 LF. (RFI 10) Increase to contract cost.. ................................................................ $2,800.00 Item 5: Increase Schedule A, Bid Item 13: Pull Box (No. 6) by one (1) @ $550.00/EA. (RFI 12) Increase to contract cost. .................................................................... $550.00 Item 6: Increase Schedule A, Bid Item 30: PPB Post with mast arm by one (1) @ $907.00/EA. (RFI 13) Increase to contract cost. .................................................................... $907.00 Item 7: Increase Schedule A, Bid Item 39: Install sidewalk per SDRSD by 320 SF @ $19.00/SF. Increase to contract cost. ................................................................. $6,080.00 Item 8: Decrease Schedule B, Bid Item 12: Pull Box (No. 6) by one (1) @ $550.00/EA. (RFI 8) Decrease to contract cost. ................................................................. ($550. 00) Item 9: Schedule B: Add one (1) Pull Box No. 6E @ $750.00/EA. (RFI 8) Increase to contract cost. .................................................................... $750.00 Item 10: Schedule B: Add one (1) Pedestrian Push Button Post (PPB Post) at Skimmer Court. (RFI 13) Increase to contract cost. .................................................................... $907.00 Item 11: Revise Schedule A, Bid Item 6 to upgrade from twisted pair signal interconnection cable (SIC) to fiber optic cabling including all required cabinets, terminations, and cabinet equipment per Contractor's COR #4. (Lump Sum) (ASI 1 and COR 4) Increase to contract cost.. ................................................................ $3,328.32 Item 12: Revise Schedule B, Bid Item 6 to upgrade from twisted pair SIC to fiber optic cabling including all required cabinets, terminations, and cabinet equipment per Contractor's COR #4. (Lump Sum) (ASI 1 and COR 4) Increase to contract cost. ................................................................. $3,328.33 Item 13: Increase Schedule A, Bid Item 10: 2" Conduit Installation @ $42.00/LF by 45 LF. (ASI 1 and COR 4) Increase to contract cost. .................................................................. $1,890.00 DocuSign Envelope ID: A2F61 E7D-156C-429C-9628-802402835CFF Project: 6329/6330, Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court Change Order No. 1 Item 14: Increase Schedule A, Bid Item 12: 4" Conduit Installation @ $50.00/LF by 35 LF. (ASI 1 and COR 4) Increase to contract cost ................................................................... $1,750.00 Item 15: Schedule A: Add one (1) Pull Box No. 6E @$750.00/EA. (ASI 1 and COR 4) Increase to contract cost. .................................................................... $750.00 Item 16: Delete Schedule A, Bid Item 17: Interconnect Cable. (ASI 1 and COR 4) Decrease to contract cost. .............................................................. ($1,500.00) Item 17: Add 850 LF of fiber optic traffic signal cable @ $2.58/LF. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $2, 193.00 Item 18: Increase Schedule A, Bid Item 38: Remove existing sidewalk and/or curb ramp by 100 SF@ $15.00/SF. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $1,500.00 Item 19: Increase Schedule A, Bid Item 39: Install sidewalk per SDRSD by 100 SF @ $19.00/SF. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $1,900.00 Item 20: Increase Schedule B, Bid Item 8: 2" conduit installation by ten (10) LF@ $25.00/LF. (ASI 1 and COR 4) Increase to contract cost. .................................................................... $250.00 Item 21: Increase Schedule B, Bid Item 10: 4" conduit installation by 50 LF @ $45.00/LF. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $2,250.00 Item 22: Schedule B: Add two (2) Pull Boxes No. 6E @ $750.00/EA. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $1,500.00 Item 23: Delete Schedule B, Bid Item 16: Interconnect Cable. (ASI 1 and COR 4) Decrease to contract cost. ............................................................. ($1,000.00) Item 24: Add 2,400 LF of fiber optic traffic signal cable @ $2.58/LF. (ASI 1 and COR 4) Increase to contract cost. ................................................................. $6, 192.00 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 PWS20-904TRAN ,, •tr' Revised 6/12/18 Contract No. 6329/6330 Page 1 of 144 TABLE OF CONTENTS Notice Inviting Bids ................................................................................................................ 6 Contractor's Proposal ........................................................................................................... 11 Bid Security Form ................................................................................................................ 25 Bidder's Bond to Accompany Proposal ................................................................................ 26 Guide for Completing the "Designation of Subcontractors" Form ......................................... 27 Designation of Subcontractor and Amount of Subcontractor's Bid Items ............................. 29 Bidder's Statement of Technical Ability and Experience ....................................................... 30 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ................................................................................... 31 Bidder's Statement Re Debarment.. ..................................................................................... 32 Bidder's Disclosure of Discipline Record .................................................................... 33 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 35 Contract Public Works .......................................................................................................... 36 Labor and Materials Bond .................................................................................................... 43 Faithful Performance/Warranty Bond ................................................................................... 45 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 47 ,, •tr' Revised 6/12/18 Contract No. 6329/6330 Page 2 of 144 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms ................................................................................................................ 50 Definitions .......................................................................................................... 50 Abbreviations ..................................................................................................... 54 Units of Measure ................................................................................................ 57 Symbols ............................................................................................................. 58 Scope and Control of The Work Award and Execution of Contract ....................................................................... 59 Assignment ........................................................................................................ 59 Subcontracts ...................................................................................................... 59 Contract Bonds .................................................................................................. 60 Plans and Specifications .................................................................................... 61 Work to be Done ................................................................................................ 65 Subsurface Data ................................................................................................ 65 Right-of-Way ...................................................................................................... 66 Surveying ........................................................................................................... 66 Authority of Board and Engineer ........................................................................ 67 Inspection .......................................................................................................... 67 Changes in Work Changes Requested by the Contractor .............................................................. 68 Changes Initiated by the Agency ........................................................................ 68 Extra Work ......................................................................................................... 69 Changed Conditions .......................................................................................... 72 Disputed Work ................................................................................................... 73 Control of Materials Materials and Workmanship ............................................................................... 79 Materials Transportation, Handling and Storage ............................................... 83 Utilities Location ............................................................................................................. 84 Protection .......................................................................................................... 84 Removal ............................................................................................................ 85 Relocation .......................................................................................................... 85 Delays ................................................................................................................ 86 Cooperation ....................................................................................................... 86 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work ........................................ 87 Prosecution of Work ........................................................................................... 88 Suspension of Work ........................................................................................... 89 Default by Contractor ......................................................................................... 89 Termination of Contract. ..................................................................................... 90 ,, • ., Revised 6/12/18 Contract No. 6329/6330 Page 3 of 144 6-6 6-7 6-8 6-9 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 9-4 Delays and Extensions of Time .......................................................................... 90 Time of Completion ............................................................................................ 91 Completion, Acceptance, and Warranty ............................................................. 92 Liquidated Damages .......................................................................................... 92 Use of Improvement During Construction .......................................................... 92 Responsibilities of the Contractor Contractor's Equipment and Facilities ................................................................ 94 Labor ................................................................................................................. 94 Liability Insurance .............................................................................................. 94 Workers' Compensation Insurance .................................................................... 94 Permits .............................................................................................................. 95 The Contractor's Representative ........................................................................ 95 Cooperation and Collateral Work ....................................................................... 95 Project Site Maintenance ................................................................................... 96 Protection and Restoration of Existing Improvements ........................................ 98 Public Convenience and Safety ......................................................................... 98 Patent Fees or Royalties .................................................................................. 105 Advertising ........................................................................................................ 105 Laws to be Observed ....................................................................................... 105 Antitrust Claims ................................................................................................ 105 Facilities for Agency Personnel General ............................................................................................................ 106 Measurement and Payment Measurement of Quantities for Unit Price Work ............................................... 107 Lump Sum Work .............................................................................................. 107 Payment .......................................................................................................... 107 Bid Item Descriptions ....................................................................................... 110 {' • ., Revised 6/12/18 Contract No. 6329/6330 Page 4 of 144 SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 6 OF THE SSPWC AND TECHNICAL SPECIFICATIONS PART2 CONSTRUCTION MATERIALS Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete ............................................................................... 111 Section 206 Miscellaneous Metal Items 206-1 Structural Steel, Rivets, Bolts, Pins, and Anchor Bolts ..................................... 111 206-7 Traffic Signs ..................................................................................................... 112 206-8 Light Gage Steel Tubing and Connectors ........................................................ 114 Section 210 Paint and Protective Coatings 210-1 Paint ................................................................................................................ 115 210-3 Galvanizing ..................................................................................................... 116 Section 214 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 214-4 Paint for Striping and Marking .......................................................................... 117 214-6 Pavement Markers ........................................................................................... 117 PART3 Section 306 306-3 306-12 306-13 306-15 CONSTRUCTION METHODS Open Trench Conduit Construction Trench Excavation ........................................................................................... 119 Backfill ............................................................................................................. 122 Trench Resurfacing .......................................................................................... 122 Payment .......................................................................................................... 123 Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-4 Application of Traffic Striping and Curb and Pavement Markings .................... 123 314-5 Pavement Markers ........................................................................................... 125 PARTS Section 601 601-2 601-3 601-4 TEMPORARY TRAFFIC CONTROL DEVICES Temporary Traffic Control for Construction and Maintenance Work Zones Temporary Traffic Control Plan (TCP) .............................................................. 126 Temporary Traffic Control (TTC) Zone Devices ............................................... 126 Temporary Traffic Striping and Pavement Markings ......................................... 127 TECHNICAL SPECIFICATIONS City of Carlsbad Traffic Signal Specifications (May 24, 2018) .................................... 129 {'\ • ., Revised 6/12/18 Contract No. 6329/6330 Page 5 of 144 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on December 17, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Of- ficer, 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: The Traffic Signals at Poinsettia Lane, Cassia Road and Skimmer Court project consists of installing two traffic signals: 1) at the intersection of Poinsettia Lane and Cassia Road and 2) at the intersection of Poinsettia Lane and Skimmer Court/Oriole Court. TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 PWS19-904TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble 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 Depart- ment. 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 sub- stituted 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 juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk's Office. The spec- ifications for the work include City of Carlsbad Technical Specifications and the Standard Spec- ifications for Public Works Construction, 2018 edition and the supplements thereto as pub- lished by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter desig- nated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifi- cations 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. ,, •+;' Revised 6/12/18 Contract No. 6329/6330 Page 6 of 144 The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - ( optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is one hundred and fifty thousand dollars ($350,000). 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. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit- ted 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 -General Engineering or C10 -General Electrical. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. l'\ • ., Revised 6/12/18 Contract No. 6329/6330 Page 7 of 144 OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City's website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting will not be held. l'\ •+; Revised 6/12/18 Contract No. 6329/6330 Page 8 of 144 UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions 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 commis- sioner. 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 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover 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 . . " f.., Revised 6/12/18 Contract No. 6329/6330 Page 9 of 144 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. 2019-239, adopted on the 19th day of November 2019. November 21, 2019 Date l' •+;' Revised 6/12/18 Contract No. 6329/6330 Page 10 of 144 \v/11 CITY OF CARLSBAD TRAFFIC SIGNAL AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 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, Bid Item Descriptions and addenda thereto, and hereby proposes to furnish all labor, materials, equip- ment, transportation, and services required to do all the work to complete CONTRACT NO.6329/6330 in accordance with the Plans, Specifications, General Provisions, Contract Docu- ments, Bid Item Descriptions and addenda thereto and that he/she will take in full payment there- fore the following unit prices for each item complete, to wit: SCHEDULE "A" POINSETTIA LANE AND CASSIA ROAD Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures} (Figures} 1 Remove Sign at 4 each $ 30~-00 $ 1,132.00 """~d ~--·"·(O (14t(i"" (Unit Price in Words) 2 Install Pavement Legend -550 SF $ 3.oo $ L l,'50. 00 Thermoplastic (SF) at -r~~f.E. (Unit Price in Words) 3 Remove Pavement Legend (SF) 50SF $ 2.00 $ t 00. OD at ~WO (Unit Price in Words) 4 Install Stripe -Paint (LF) at 250 LF $ (.00 $ 250 .oo QN~ (Unit Price in Words) ~ Q Revised 6/12/18 Contract No. 6329/6330 Page 11 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 5 Install Stripes -Thermoplastic 250 LF $ 3.00 $ 750.00 (LF) at ~~ (Unit Price in Words) 6 Furnish and Install McCain 352i LS $ 1lP.424.00 ATC Cabinet and Trafficware 2070LX Controller with battery backup system Alpha "Twb.tf"-1 S: I 'it ""1"'~1~1> ~e.-M2=...t ~ "f"~f,,1?'1 fwe_. (Lump Sum Price in Words) 7 Install Roadside Sign 9 each $ Jgq.oo $ J,501.0D ~at, ~NA~ f.l~""' f\lM-- (Unit Price in Words) 8 Pedestrian Barricade 2 each $ 740.00 $ l 4~0.0b J ~.JC#\ ~~O~l (Unit Price in Words) 9 Remove Existing Striping (LF) at 250 LF $ 1JJD $500.00 !WQ (Unit Price in Words) 10 2" Conduit Installation (LF) at 250 LF $ 41.00 $1O,S0D.0O ~~ 'TW1::, (Unit Price in Words) 11 3" Conduit Installation (LF) at 400 LF $ 40.0D $ \\P,onD-UV ~ (Unit Price in Words) 12 4" Conduit Installation (LF) at 115 LF $ 50.00 $ 5,1 ~D-0-0 flf-r-1 (Unit Price in Words) ft Q Revised 6/12/18 Contract No. 6329/6330 Page 12 of 144 Approximate Item Quantity Unit Price Total Amount No. Descri12tion And Unit (Figures} (Figures} 13 Pull Box (No. 6) at 8 each $ 660-00 $ 4,1:00.00 ~1~E: ~ov"'~~ F,~z (Unit Price in Words) 14 #6 & #8 Conductors (LF) at 765 LF $ 2.00 $ 1,~;0.00 '\Wb (Unit Price in Words) 15 #10, #12, and #14 Conductors 2,110LF $ 1.00 $ 4,120 .DO (LF) at "\"N.>C> (Unit Price in Words) 16 EVP Cable at 440 LF $ 1.00 $ 44D.OD Q-.l~ (Unit Price in Words) 17 lnt~rconnect Cable at 750 LF $ 1.00 $ J,~oD.lJD "'"'"'"7 (Unit Price in Words) 18 12 Conductor Cable at 840 LF $ 1. .00 $ IILPiD.00 'Two (Unit Price in Words) 19 3 Conductor Cable 355 LF $ I. 0 0 $ J55. 00 wt (Unit Price in Words) 20 Radar Detection System at LS $4~}5~0-0O ~~ ~,.,~,r~C 'f1\IE; ~pv~UO ~U,-#'1-r-/ (Lump Sum Price in Words) 21 Pedestrian Signal Head-LED at 4 each $ 5q 1. 0 0 $ 1,;tpg.00 (,I/(, -HOIINJ)~ ,:\I~ -.\>,Iv (Unit Price in Words) ft Q Revised 6/12/18 Contract No. 6329/6330 Page 13 of 144 Item No. Description 22 Pedestrian Push Button at (>Ill-~vSN-,b 6\4-t<'f ~~~ f,,,nf .,:,vt:, (Unit Price in Words) 23 Type Ill Service with Foundation at -ri11tU£. 7''fovS.WO ~ (Lump Sum Price in Words) 24 EVP Detector at 'fivt ~ :1l'/£Jrl (Unit Price in Words) 25 Vehicular Signal Head - 3 Section (12") at s, ~ ~ F1ffl (Unit Price in Words) 26 Type 1-A Pole at '[Wt> -r~ ,&,1&1 ~J 11 ,,.,,..,._, Ent! (Unit Price in Words) 27 Type 1 STS with mast arm at SN 'THovfiwl ~ ~ :NbfJ't 0,, <.. (Unit Price in Words) 28 Type 19 Pole with mast arms at ~""1'!:6v ~vs,wl fo\Ji&- (Unit Price in Words) 29 Type 26 Pole with mast arms at --r;:z.; ;;~ &+ -H_ ,t~ ..arr- (Unit Price 1n ords) 30 PPB Post with mast arm at r'\t1't--ffbv~~ (Unit Price in Words) ft Approximate Quantity Unit Price And Unit (Figures) 4 each $ L~4S. OU LS Total Amount (Figures) $ $ 3,4~S.U-O 3 each $ 5,0LDI.OD $ \~,l<l3.(J0 11 each $ Le00 ,00 $ 7,150.l5U 2 each 1 each 2 each 1 each 1 each $ qo1.oo $ ~01. lJD '-J Revised 6/12/18 Contract No. 6329/6330 Page 14 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 31 Install Mast Arm Mounted Sign 3 each $ ~loLP.\?O $ l,t;q~ ,lJU at ,~{:,,.HT ./10"riJec.d 'f1'1'T"'f ~, (Unit Price in Words) 32 LED cobra head Luminaire with 4 each $ q1~.oo $ 6,lllP. bO mast arm at (/_l'f\t. -ffr,J~ 71/.J(Nf"-( ,t./'lf (Unit Price in Words) 33 PEU at 1 each r;,Nt-d:tfJJJUIA.uJ 00\( ~ $ 141-00 $ \44.00 (Unit Price in Words) 34 Pothole Foundation Locations LS $ 2, I Ol.tJb -,wt> T-IIDl~JNJ. ~ ~ ~--(Lump Sum Price in Words) 35 Traffic Control during construe-LS $ 2,?J21.VD tion at -rJ.1~r., '71ffl~ '7Hb<. -H0t.flft#&d ~we,--#~ ~~ (Lump Sum Price in Words) 36 Install Curb Ramp per San Di-2 each $ 4 ,01~. OlJ $ ~, 14 lP. OD ego Regional Standard Drawing (SDRSD) at nrlL~~ er.f1<6£ (Unit Price in Words) 37 Curb and Gutter Removal at 26 LF $ s t,f _ (}1) $ IJ0,4-.UD "Frf'1"i I\ t l\L..- (Unit Price in Words) 38 Remove Existing sidewalk 260SF $ 10.Ul) $ 3,q01).Ul) and/or curb ramp at 'r'tF'l~~ (Unit Price in Words) ft Q Revised 6/12/18 Contract No. 6329/6330 Page 15 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit {Figures} {Figures} 39 Install Sidewalk per SDRSD at 144 SF $ 1 q .lfD $ 1 11 bll. OD /l I "-1,-t,U..,, (Unit Price in Words) 40 Install 6-in Type G Curb and 26 LF $ l'o. lTD $ lig'3D.OD Gutter per SDRSD at b€:vh\T::f.. 'Fzv~ (Unit Price in Words) SCHEDULE "B" POINSETTIA LANE AND SKIMMER COURT Approximate Item Quantity Unit Price Total Amount No. Description And Unit {Figures} {Figures} 1 Remove Sign at 2 each $ 3 0~. 0 0 $ ulll-00 ~~ +li>vNiu.d ~'-+t'f (Unit Price in Words) 2 Install Pavement Legend -1,440 SF $ J.UU $ 4 J 'b 1-D. lfD Thermoplastic (SF) at "'Ff(~ (Unit Price in Words) 3 Remove Pavement Legend (SF) 15 SF $ 2 .lfU $ ?JO.UO at 7fdD (Unit Price in Words) 4 Install Stripe -Paint (LF) at 240 LF $ '.lft) $ 140.UD c,,,t;, (Unit Price in Words) 5 Install Stripes -Thermoplastic 130 LF $ 3.Ul) $ ~qo.UD (LF) at 7 # U!E.,; (Unit Price in Words) ~ Q Revised 6/12/18 Qontract No. 632~/6~~0 Page 16 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 6 Furnish and Install McCain 352i LS $ lu ,414.U0 ATC Cabinet and Trafficware 2070LX Controller with battery backup system alpha ~ s f',C "THt,,JJiiwi mu£.. -11r:,J,-4dd ?~TY f;.,.__ (Lump Sum Price in Words) 7 Remove Existing Striping (LF) at 240 LF $ 1.uo $ 4io.uo "7wD (Unit Price in Words) 8 2" Conduit Installation (LF) at 575 LF $ 1,G.UU $ , 4, ?J 1c;.un ~'i. ~,~ (Unit Price in Words) 9 3" Conduit Installation (LF) at 210 LF $ 5G. 00 $ l lJ6SO. U-0 -:F',A,~ Ftv£: (Unit Price in Words) 10 4" Conduit Installation (LF) at 380 LF $ 45. ffD $ I 1, I ff lJ . U0 ~ICr'I nv~ (Unit Price in Words) 11 Pull Box (No. 5) at 14 each '°"~ -&,J~ r;rwu.~ $ 410. (JO $ 6,q0u.UV Five- (Unit Price in Words) 12 Pull Box (No. 6) at 8 each $ 650. OD $ 4 ,4-Ql). uo ~,V£ -1'/w"'-'.f~ F!Pr1 (Unit Price in Words) 13 #6 & #8 Conductors (LF) at 885 LF $ 1.rro $ IJ 17D .00 7WO (Unit Price in Words) ft "1 Revised 6/12/18 Contract No. 6329/6330 Page 17 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 14 #10, #12, and #14 Conductors 2,695 LF $ 2,. 00 $ 6, ~qo .uo (LF) at .,..,--wo (Unit Price in Words) 15 EVP Cable at 720 LF $ l-UIJ $ 110 .OD ~n'- (Unit Price in Words) 16 Interconnect Cable at 500 LF $ 1-lfD $ LUDO.VO "'fwo (Unit Price in Words) 17 12 Conductor Cable at 1,275 LF $ 1-U-D $1,6~0.UD -rwo (Unit Price in Words) 18 3 Conductor Cable 1,025 LF $ l -Ul) $ 1,01'1.UO 611(, (Unit Price in Words) 19 Radar Detection System at LS $ 224, 1qq .ao '1 l\1M"1 flt 1tL ~,r,,d ~~ -ff.tt-llllAtt,J Ill~ ~~ (Lump Sum Price in Words) 20 Pedestrian Signal Head-LED at Beach $ 5q1.o-o $ 4,1 ~tp.(JO ~,'4f: ~Mil a,"'6 °'TWP (Unit Price in Words) 21 Pedestrian Push Button at 8 each $ lJ 1\p'\ .(JD $ \ 0, 111. UD Q>tL "f.H8~ ~ ,if.,;,~ s; ll'7''1 (i,l tt"" (Unit Price in Words) 22 Type Ill Service with Foundation LS $ ~J4q6. OD at -t/u-. ~, fi.~ ~....6'.d ~•1'+:M ~t~t. (Lump Sum Price in Words) ft Q Revised 6/12/18 Contract NQ. 6329/§;330 Page 18 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 23 EVP Detector at 4 each $ 5.0lQt.bO $10, 1¥\--DO 'fi.11t '{'J..o.;r,w,I ~,)(T'-f f2,'\£. ' (Unit Price in Words) 24 Vehicular Signal Head - 3 10 each $ l,lp~. DO $ l,, lpSD .OD Section (12") at 5°1){. .fi.',,,,.k,J S1'>Cf\1 n~ (Unit Price in Words) 25 Type 1-A Pole at 4 each $ 1,1q5. 00 $\l,\~D.0O £11.(2 ~w ow~ A#vWJlu,f tl.f~ 1=ia (Unit Price inords) 26 ~e 17 Pole with mast arms at 2 each $ IS l ~4-q .OD $ JIJ lf~ ~ ,01) rtf/tlwi. --/f,w4,,,-d "''u-~-ll.•~ (Unit Price in Words) 27 Type 26 Pole with mast arms at ~~~~ 2 each $ 11, ¥\ ~ . OD s 4-2, q q {p. 0 0 -&.r~ n,++,_ ~f!J.~ (Unit Price in Words) 28 Remove and Salvage Existing 2 each $ ~50 ,01) $ ,1 qoo. oD Pole/Foundation at ~t~ 4,,,.,,,1u._~ FiPry (Unit Price in Words) 29 Install Mast Arm Mounted Sign 2 each $ 8lPlP.OD $ 1.1?; 2. OD at :&urk.,.-~ 6.t WVI ~ re (Unit Price in Words) 30 LED cobra Luminaire with mast 4 each $ Gil~.OD $ 3,lllP-lfD arm at t11M. ~ ...,..,~./,~ 1\.1"-,&,-- (Unit Price in Words) ~ Q Revised 6/12/18 Q2ntr51~t No. §~2~l§~30 Page 19 of 144 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 31 PEU at 1 each $ \14.00 $ \l\-4.00 ~ lc..~ ~~L-- (Unit Price in Words) 32 Traffic Control during LS $ 1-, t.,g1.0D construction at -fws ::/J. _.,r;;,,,..J ~I): Ju,,.Jµ,_.f 'E}Ft':1, W""'- (Lump Sum Price in Words) 33 Install Curb Ramp per San Di-4 each $ 2J J1o1q .00 $ 14,3\lo. DD ego Regional Standard Drawing (SDRSD) at -{Ji.u(. ~"""' F"1t1t.- h,."IU4,wl ,St.,/~~ til"-t,... (Unit Price in Words) 34 Curb and Gutter Removal at 52 LF $ 38.DO $ l,~1tp. UD ~, .,,t.1'5:~"& (Unit Price in Words) 35 Remove Existing sidewalk 520 SF $ g .OD $ 41\tpO.OD and/or curb ramp at ~~ (Unit Price in Words) 36 Install Sidewalk per SDRSD at 288 SF $ \\O.DD $ 4, l/,0 g .DD s,~ (Unit Price in Words) 37 Install 6-in Type G Curb and 52 LF $ Gl.P-VD $ 1-,l1r2..oo Gutter per SDRSD at 'F1P"t"f ~.~ (Unit Price in Words) 38 Install Roadside Signs at 6 each $ -3 ~ q .(Jl) $ '2. , ?J 34-. av ""fl,;1,1(,. 41e,,,..A"4J ,,l,,,1~£_ T'J. !l.:C: tt,... (Unit Price in Words) ft Q Revised 6/12/18 Contract No. 6329/6330 Page 20 of 144 Item No. 39 Description Pothole Foundation Locations -1"'12 ...,-.1,/ptJ.1,&.J ~ #9'~ '"'-'-(Lump Sum Price in Words) Approximate Quantity And Unit 1 LS Unit Price (Figures) $ 2,4D I.VO Total Amount (Figures) $ 2, 40 I. OD Total amount of bid in words for Schedule "A":7'wl> -l1o,;,v1),c.(,0 SIYTt ?WD '7~ ,i '"(. bw.Y1'M fivtL Total amount of bid in numbers for Schedule "A": $---'Z.._(q~'Z._,_,q.......,.b'--1./,....._ _________ _ Total amount of bid in words for Schedule "B": -✓-J.tYie -ttov,id,.,,J -,WI 1\/l. :r~&vJ tit~ ~ ,>f Total amount of bid in numbers for Schedule "B": $__..5_l_'2-_._.,12.._q..&..a'1...._ _________ _ Total amount of bid in words including Schedule "A" and Schedule "B": ~"It:--Hou~ <«b.ti 1="01t:, 7'.f-loVSArtd Total amount of bid in numbers including Schedule "A" and Schedule "B": $1:f-f.S:, 0QQ The City shall determine the low bid based on the sum of Schedule "A" and Schedule "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ,; /~ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 297034 , classification A, B, C-7, C-10 which expires on j 0/31 /2020 and Department of Industrial Relations PWC registration number {'\ ■;, Revised 6/12/18 Contract No. 6329/6330 Page 21 of 144 1000001036 which expires on 06/30/2021 , and that this state- ment 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 Bidder's Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ,, •f' Revised 6/12/18 Contract No. 6329/6330 Page 22 of 144 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname) of proprietor ________________ _ (3) Place of Business _________________________ _ (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business _________________________ _ (Street and Number) City and State __________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail _____________________ _ {'\ • ., Revised 6/12/18 Contract No. 6329/6330 Page 23 of 144 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted ___ S_e_l_e_ct_E_le_c_tr_ic_,_, _ln_c_. ______ _ Asst. Secretary (Title} Impress Corporate Seal here (3) Incorporated under the laws of the State of __ C_a_li_fo_r_n_ia _____ _ (4) Place of Business ___ 2_7_9_0_B_u_s_in_e_s_s_P_a_r_k_D_r_. _____________ _ (Street and Number) City and State ___ V~is~ta~C=A~. ___________________ _ (5) Zip Code __ 9_20_8_1 _____ Telephone No. __ 6_1_9_-4_6_0_-6_0_6_0 _____ _ (6) E-Mail --~e=st=im~at=in_g_@~s~e~le=c=te~le~c~t~ric=i~n~c-=c~o~m~------- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Jeremy Coriale, President Mario A. Tapanes, Secretary Sam Passanisi, Asst. Secretary {' • ., Revised 6/12/18 Contract No. 6329/6330 Page 24 of 144 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of J'a.n Ote-10 ) on/Jeun,b~r/7,2/JIC/ beforeme, A,rhlejTat//p,; Nolafi ~bliv Date D . Hwe }{s;rt Name and e of the Officer personally appeared (['llm r It f'l'Mlvt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AsHCEvTAvLoR A O r COMM. #2305511 z o Notary Public • California ~ San Diego County ~ '-1'J~V¥ M Comm. Ex ires Se . 16, 2023 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~V,(;,"'<!,(;,Y',"'<!,(;,~v<,,g,,g,,g,~~-~;;<;;~;;<,,g,,g,~~~,g,,g,'Y,(,,g,,g,~,g,,g,,g,"§(,--g,'§/.,"§,(,'9$( ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BID SECURITY FORM {Check to Accompany Bid) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the or CARLSBAD, in the sum of _______________________ _ ______________________ dollars,.~ ________ ), this amount being ten percent (10%) of the total amount of the bid. T e proceeds of this check shall become the property of the City provided this proposal shall be cepted by the City through action of its legally constituted contracting authorities and the und signed shall fail to execute a contract and furnish the required Performance, Warranty and P ment Bonds and proof of insur- ance coverage within the stipulated time; otherwise, the che shall be returned to the under- signed. The proceeds of this check shall also become the p perty of the City if the undersigned shall withdraw his or her bid within the period of fifteen ( 15 ays after the date set for the opening thereof, unless otherwise required by law, and notwith nding the award of the contract to an- other bidder. BIDDER (NOTE: If t Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be execu a--the sum of this bond shall be not less than ten percent ( 10%) of the total amount of the bid.) l' • ., Revised 6/12/18 Contract No. 6329/6330 Page 25 of 144 BIDDER'S BOND TO ACCOMPANY PROPOSAL TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 KNOW ALL PERSONS BY THESE PRESENTS: That we, Select Electric Inc. , as Principal, and fidelity and Deposit Company of Maryland , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent (10%) of the Total Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this __ 13_t_h __ day of __ D_e_c_e_m_b_e_r ______ , 20...!Q_ -----~~~t----~r--_(SEAL) Fidelity and Deposit Company of Maryland(SEAL) (Surety) By: -'--~l!/JJ.~;:::::::=====-B~W (.f t1Ltal2i1. (Sig ature (Signature) :::7;~1;/.ff:Jj ~~ flif:/ Heather S~~~;~1~.~~~~-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ft \i1 Revised 6/12/18 Contract No. 6329/6330 Page 26 of 144 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ___ O_E_C_1_3_2_0_1_9_ before me, ___ R_e_ec_e_J_oe_l_D_i_az_,_N_o_ta_ry-'--P_u_bl_ic ______ _ Date Here Insert Name and Title of the Officer personally appeared ________________ H_ea_t_h_e_r_S_a_lt_a_re_ll_i _______ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -------~ ____ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ Corporate Officer -Title(s): ________ _ Corporate Officer -Title{s): ______ _ Partner -Limited General Partner -Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: ______________ _ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The ChiefExecutivc Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREO'rl I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _day of uEC 13 2u19 ,20_. Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMA TlON TO: Zurich American Insurance Co. Attn: Surety Chirns 1299 Zurich W':ly Schaumburg. IL 60 ! 96-1056 ... ,. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of July, A.O. 2019. By: Assistant Secretary Dawn E. Brown State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Robert D. Murray On this 17th day of July, A.O. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D. MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA-F 012-931 OQ Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. ,, • ., Revised 6/12/18 Contract No. 6329/6330 Page 27 of 144 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •tr Revised 6/12/18 Contract No. 6329/6330 Page 28 of 144 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 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 Amountof Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Emall Registration License No. and Work by Work Location of Buslnan Address No. Classlflcatlon Subcontractor In Dollars* SlC,-..1-tJ+ f Y~c..• -,f~\AL"t\6~ {o\q-\lt?.-~'tol.f l 00600:JS\ <,; Vlt 1,;1 l'f,'Z.~1 S,rk( wJlt C1\I.\ \ l'J.b N. 'Z.~ S,-j~ ~ e Ar.I i.o -'i ,-z. I'-"? CM..>IA '11(.TA,CA 'WHO 'I>M, 1f.o-'<11-6$!.12-1oa~oo&.1tu'1 Jgo "tc4 1-31, 31."I CUo 'i""uu,"''"-5\) ~4-\ j"".,-""'"'u~OM, A,i l!.-\1- SM MAU.OS CA q'2,c,1t ~A-"tA' Page _\ _ of_\_ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ft Q Revised 6/12/18 Contract No. 6329/6330 Page 29 of 144 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Com Dieted Contract Contract 12/2017 CALTRANS Maria Corrao Highway sign and street $2,055,900 lighting, ramp metering, 1120 N St. communications 858-536-31 00 Sacramento. CA. 6/2016 LB Civil Construction Dan Scheider $ignal Vehicle Detector, $374,226.00 ~~4 1::. valley t-'KWY 858-467-4052 Street Lights Traffic Signa Escondido, CA. 92m 5 3/2018 City of LA Moises Delgado Upgrade Street lights, Inst ~II 200 N. Spring St. 818-391-3289 wire and conduit Street $4,283,994.00 IJ inhtinn / Trnffir. _C::inn,:,Jc Los Angeles, CA. 90012 10/2018 CALTRANS Warren Yue Traffic Loops, Traffic Signalin! $11,663,702.82 1120 N St. 626-339-1601 ext.120 Heavy Construction, Electrica Work ~::i~rn--r.A ,, •;, Revised 6/12/18 Contract No. 6329/6330 Page 30 of 144 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 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: D Comprehensive General Liability □ Automobile Liability D 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 in- surance 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. l\ •tf Revised 6/12/18 Contract No. 6329/6330 Page 31 of 144 I Page 1 of 2 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~l~CT Willis Towers Watson Certificate Center Willis Towers Watson Insurance Services West, Inc. fka Willis rA~~Ni;,, CvH• 1-877-945-7378 I FAX 1-888-467-2378 Insurance Services of California, /A/C Nol: Inc. c/o 26 Century Blvd it'D~~SS: certificates@willis.com P.O. Box 305191 INSURER(Sl AFFORDING COVERAGE NAIC# Nashville, TN 372305191 USA Starr Indemnity & Liability Company 38318 INSURER A: INSURED INSURERS: Navigators Specialty Insurance Company 36056 Select Electric Inc. 2790 Business Park Drive INSURERC: Vista, CA 92081 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: Wl5277412 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ;,u~n ,-,n POLICY NUMBER /MM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES {Ea occurrence) $ 100,000 f-- A MED EXP (Any one person) $ 5,000 ~ y 10/31/2019 10/31/2020 10000254 67191 PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY 0 jt& 0LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ -X ANY AUTO BODILY INJURY (Per person) $ --A OWNED SCHEDULED SISIPCA08277419 10/31/2019 10/31/2020 BODILY INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY /Per accident\ $ UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 1,000,000 B -X EXCESS LIAS CLAIMS-MADE SE19EXC827900IC 10/31/2019 10/31/2020 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N A ANYPROPRIETOR/PARTNER/EXECUTIVE 8 y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 1000001270 10/31/2019 10/31/2020 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 01/15/2020 WITH ID: W15243479. Job # 3270 RE: TRAFFIC SIGNALS AT POINSETTA LANE, CASSIA ROAD AND SKIMMER COURT, CONTRACT NO. 6329/6330 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. :ITY OF CARLSBAD/CMWD :/O EXIGIS INSURANCE COMPLIANCE SERVICES AUTHORIZED REPRESENTATIVE I PO BOX 4668 ECM #35050 NEW YORK, NY 10163-4668 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19157487 BATCH: 1540875 AGENCY CUSTOMER ID: ------------------------LO C #: ---------- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 ,GENCY NAMED INSURED Wi11i• Tower■ W&taon In■uranc:■ S■rvic■• W.■ t, Inc. tu Willh Insurance S.rvic■■ of CalifornJ.a, Inc. Select Electric Inc. 2790 Business Park Drive POLICY NUMBER Vista, CA 92081 USA See Page 1 CARRIER I NAICCODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance THE CITY OF CARLSBAD is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insured with respects to Workers Compensation as permitted by law. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 19157487 BATCH: 1540875 CERT: W15277412 Select Electric, Inc. POLICY NUMBER: 1000025467191 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 Location(s) Of Covered Operations Oraanization(s): Where required by written contract. Where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Select Electric, Inc. POLICY NUMBER: 1000025467191 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations Where required by written contract. Where requlred by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but .only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 • Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025467191 Named Insured: Select Electric, Inc. Effective Date: October 31, 2019 at 12:01 A.M. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV -CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY OG 107 (04/11) Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with Its permission. ounsel Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 . o % otherwise due on such remuneration. of the California workers' compensation premium Schedule Person or Organization Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Job Description Where required by contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/31/2019 Insured: Select Electric, Inc. Insurance Company: WC 04 03 06 (Ed. 04-84) Policy No.: 1000001270 Premium: Endorsement No.: Countersigned by: _______________ _ Page 1 of 1 Select Electric, Inc. POLICY NUMBER: 1000025467191 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 • Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Early Notice of Cancellation Provided By Us Amendatory Endorsement Policy Number: SISIPCA08277419 Named Insured: Select Electric, Inc. Effective Date: 10/31/2019 at 12:01AM. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. MOTOR CARRIER COVERAGE FORM BUSINESS AUTO COVERAGE FORM It is hereby agreed that COMMON POLICY CONDITIONS, A. Cancellation, paragraph 2. is deleted in its entirety and replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. (10 )* days before the effective date of cancellation if we cancel for nonpayment of premium; or b. (60 )* days before the effective date of cancellation if we cancel for any other reason. * The notice period provided shall not be less than that required by applicable state law. All other terms and conditions of this Policy remain unchanged. ciiariesH.oangefo~ SICA 1028 (11/15) Page 1 of 1 Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. STARR INDEMNITY & LIABILITY COMPANY A MEMBER OF STARR COMPANIES Dallas, TX 1-866-519-2522 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0618 (Ed. 4-15) AMENDMENT-30 DAY NOTICE OF CANCELLATION FOR THIRD PARTIES We agree to give thirty (30) days' notice of cancellation to the following certificate holder(s) in the event that we cancel the policy for any reason other than non-payment of premium: SCHEDULE We will endeavor to provide advice of cancellation (the "Advice") to the certificate holders listed in the schedule by e-mail. Certificate holders include only those entities for which thirty (30) days' notice of cancellation is required by an "insured contract" but only with respect to an entity for which you are directly or indirectly performing your work. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such Advice will neither extend the policy cancellation nor negate cancellation of the policy; nor will such failure result in obligation or liability of any kind upon us, our agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/31/2019 Policy No.: 1000001270 Endorsement No.: Insured: Select Electric, Inc. Premium: Insurance Company: Starr Indemnity & Liability Company Countersigned by: ______________ _ WC 99 0618 (Ed. 4-15) Copyright© Starr Indemnity & Liability Company. All rights reserved. Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: , . Sam Passanisi, Asst. Secretary (print name/title) Page __ of __ pages of this Re Debarment form ,, •;;' Revised 6/12/18 Contract No. 6329/6330 Page 32 of 144 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 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 Contrac- tors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form ,, • ., Revised 6/12/18 Contract No. 6329/6330 Page 33 of 144 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 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: Select Electric, Inc. ere) Sam Passanis1, Asst. Secretary (print name/title) Page __ of __ pages of this Disclosure of Discipline form ,, •tf Revised 6/12/18 Contract No. 6329/6330 Page 34 of 144 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 The undersigned declares: I am the Asst. Secretary of Select Electric, Inc., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, 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 repre- sents 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 December 17th 20.19_ at Vista [city], CA [state]. ' " • ., Revised 6/12/18 Contract No. 6329/6330 Page 35 of 144 CONTRACT PUBLIC WORKS This agreement is made this ~ day of _-=-..1:2,~~~~!::..\-------' 2020, by and between the City of Carlsbad, California, a municipal corp ra ·on, (hereinafter called "City"), and Select Electric, Inc., a California corporation whose principal pace of business is 2790 Business Park Dr., Vista, CA 92081 (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 SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compli- ance. 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 pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground l' •+;' Revised 6/12/18 Contract No. 6329/6330 Page 36 of 144 conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, dam- age, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure l'\ •ff Revised 6/12/18 Contract No. 6329/6330 Page 37 of 144 of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the 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 {'\ •;;' Revised 6/12/18 Contract No. 6329/6330 Page 38 of 144 evidenced using separate documents attached to the certificate of insurance; one for each com- pany 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 pro- vided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage 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 sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments 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 ih the Contractor's bid. ,, •ff Revised 6/12/18 Contract No. 6329/6330 Page 39 of 144 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions 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 antici- pation 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 igno- rance of the false information or in reckless disregard of the truth or falsity of the information. {D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. {E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. {F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. {G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. {H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ffi init 'Will init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. ,, •,;' Revised 6/12/18 Contract No. 6329/6330 Page 40 of 144 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to sup- ply goods, services, or materials pursuant to a public works contract, the contractor or subcon- tractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledg- ment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and· included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill l' •;;' Revised 6/12/18 Contract No. 6329/6330 Page 41 of 144 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- efal Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. ~\IOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED {CORPORATE SEAL) CITY OF CARLSBAD a municipal corporation of the State of Calitorn· By: By: ___________ _ (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney /1 0 By L..--,-Z.-, ~ Deputy City Attorney l'\ •ff Revised 6/12/18 Contract No. 6329/6330 Page 42 of 144 Certified Resolution of the Board Of Directors of SELECT ELECTRIC, INC. A California Corporation I, Mario A. Tapanes, certify as follows: 1. I am the duly elected Secretary of Select Electric, Inc., a California corporation ("Company") and as such I am authorized to provide this certification. 2. The following resolution is a true and correct copy of the resolution adopted by the Board of directors of the Company at a meeting held July 1, 2019: RESOLVED: The following persons are authorized to execute any and all documents necessary for bidding or contracting work on behalf of Select Electric, Inc., a California corporation: Name Luis A. Armona Jeremy Coriale Shawn Rosenberger Madji A. Samari Mario A. Tapanes Sebastian ("Sam") Passanisi Title Chief Executive Officer President/ Chief Operating Officer Sr. Vice President Chief Financial Officer/ Treasurer Secretary Assistant Secretary 3. There has been no change to the resolution since the date of its adoption and it remains true and correct. Dated: July 1, 2019 Mario A. Tapanes CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of California Los Angeles On 1/14/2020 Personally appeared Before me, Diana L. Owens NAME Jeremy Coria le NAME OF SIGNER ~--··········1 ~ , . DIANA L. OWENS :@Mot•ry Public · C•lifornta • i ~ -Los An~I•• County ~ i • Commission # 2240976 f 0 ·: 0 : c::· gpi:,.s !'t!· !021, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the personw, or the entity upon behalf of which the person(s) acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wl\j=d (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL [8] CORPORA TE OFFICER Contract TITLE OR TYPE OF DOCUMENT TITLE(S) □ PARTNER(S) □ LIMITED 7 □ GENERAL NUMBER OF PAGES □ ATTORNEY-IN-FACT □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR □ OTHER 1/14/2020 DA TE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) SIGNER OTHER THAN NAMED ABOVE Bond Number: 9340217 Premium: Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Select Electric, Inc., (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT ' CONTRACT NO. 6329/6330 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, Select Electric, Inc., as Principal, (hereinafter designated as the "Con- tractor"}, and Fidelity and Deposit Company of Maryland as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIVE HUNDRED SEVENTY FIVE THOUSAND Dollars ($575,000), 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 admin- istrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment 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 attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. ,., • ., Revised 6/12/18 Contract No. 6329/6330 Page 43 of 144 13th SIGNED AND SEALED, this ____ _ day of January 2020 ' -- Fidelity and Deposit Select Electric, Inc. (SEAL) Comeany of Maryland (SEAL) (Surety) By: 'ii1RarlW ~-I~- (S a ure) . (Signature) C V -In .. .L Heather Saltarelli, Attorney-in-Fact ~ O\'l 0. \.e,.) \ yo_~ \(.IDU (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A BREWER City Attorney ,~ •1 Revised 6/12/18 Contract No. 6329/6330 Page 44 of 144 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ___ J_A_N_1_3_2_0_2_0 _ before me, ____ M_a_ri_a_G_u_is_e_, N_o_ta_ry'----Pu_b_l_ic _____ _ Date Here Insert Name and Title of the Officer personally appeared _________ H_e_a_th_er_Sa_l_ta_r_e_ll_i _______________ _ Name(s) of Signer(s) --------__ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/am subscribed to the within instrument and acknowledged to me that KW'she/tm executed the same in oor/her/tN5ft authorized capacity(~ and that by llwl/her/tku. signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______ .~_(t: __ · __________ _ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ________ _ __ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: _______ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ Corporate Officer -Title(s): ·--····--·-·----Corporate Officer -Title(s): _______ _ Partner -Limited General Partner -Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _____________ _ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ----------------------------------------•--·-----· ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of California Los Angeles On 1/14/2020 Before me, Diana L. Owens NAME Personally appeared ____ ....;Ja...e=r....;e;;;..;.m=y,.__C;;;..o=r'-'i..;;;;a;.;..;le;;...._ ____ _ NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the personw, or the entity upon behalf of which the person(s) acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL 12] CORPORA TE OFFICER Labor and Materials Bond TITLE OR TYPE OF DOCUMENT TITLE(S) □ PARTNER(S) □ LIMITED 2 □ GENERAL NUMBER OF PAGES □ ATTORNEY-IN-FACT □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR □ OTHER 1/13/2020 DA TE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (!ES) SIGNER OTHER THAN NAMED ABOVE ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of July, A.O. 2019. By. Assistant Secretary Dawn E. Brown State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Robert D. Murray On this 17th day of July, AD. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D. MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA-F 012-9310Q Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOL YEO: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I 0th day of May, 1990. RE SOL YEO: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHj:13,.EQf2Lhave hereunto subscribed my name and affixed the corporate seals of the said Companies, this _ day of JAN l 3 ZU U , 20_. Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Bond Number: 9340217 Premium: $4,168.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Select Electric, Inc., (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 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, Select Electric, Inc., as Principal, (hereinafter designated as the "Con- tractor"), and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FIVE HUNDRED SEVENTY FIVE THOUSAND Dollars ($575,000), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ('. •+;' Revised 6/12/18 Contract No. 6329/6330 Page 45 of 144 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. SIGNED AND SEALED, this __ 1_3t_h __ day of ____ l~a_n_ua_ry.,.__ ____ , 20.lQ_ Fidelity and Deposit _C_o_m...._p_an_y~o_f_M_ary ___ la_n_d ____ (SEAL) (Surety) By: -+--ff-Z-~~=-=c.:._;_;;.,......,_ ____ _ (s· nature) (Signature) \JeteJY\~ CoY\o.\e, \ ~t\\d&J Heather Saltarelli, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ('\ •+r Revised 6/12/18 Contract No. 6329/6330 Page 46 of 144 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JAN 1 3 2020 before me, ____ M_a_ri_a_G_u_is_e_, N_o_ta_ry'---Pu_b_l_ic ______ _ Date Here Insert Name and Title of the Officer personally appeared _________ H_e_a_th_er_S_a_l_ta_r_e_ll_i ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~) whose name($,') is/am subscribed to the within instrument and acknowledged to me that KWshe/tM executed the same in oot/her/tfflltt authorized capacity(~ and that by ~/her/tku signature($) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________ ~~~<----_____ _ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ________ _ ___ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ---·-Signer's Name: ___________ _ Corporate Officer -Title(s): ······-·----Corporate Officer -Title(s): ______ _ Partner -Limited General Partner -Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: ______________ _ Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~-----•------ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of California Los Angeles On 1/14/2020 Before me, Diana L. Owens NAME Personally appeared Jeremy Coriale NAME OF SIGNER ~-···········f , •. ,, . DIANA L. OWENS : -~: Notary Public -C1liforni1 : ~ ·;~;? Los Angel@,s County ~ i \~~ Commission # 224097i f ~ My Comm. Expi, .. Moy 3, 2022 --····------ who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the personw, or the entity upon behalf of which the person(s) acted, executed the instrument. I, certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ INDIVIDUAL [8] CORPORA TE OFFICER Faithful Performance/Warranty Bond TITLE OR TYPE OF DOCUMENT TITLE(S) □ PARTNER(S) □ LIMITED 2 □ GENERAL NUMBER OF PAGES □ ATTORNEY-IN-FACT □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR □ OTHER 1/13/2020 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (!ES) SIGNER OTHER THAN NAMED ABOVE ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of July, A.D. 2019. By: Assistant Secretary Dawn E. Brown State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Robert D. Murray On this 17th day of July, A.O. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, ROBERT D. MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA-F 012-93100 Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 \\\\111111, i~~~:::~g) ,,,,,1\11'' EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RE SOL YEO: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _ day of JAN 1 3 2020 , 20_. Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMA TJON TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ---------------------------hereinafter called ---------------------------"Contractor" and whose address ----------------------is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor 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 SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay- ments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into secu- rities. 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 Es- crow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. ,, • ., Revised 6/12/18 Contract No. 6329/6330 Page 47 of 144 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 Con- tractor. 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 com- plete 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 pur- suant 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 secu- rities 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 ____ ____;_..:.:...;.;;....;,;..;;-=-=c...=..;:.:,,,,:.;:=-=....:...-=..;.,,:_ ___ _ Name ---------------- Signature ______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title ________________ _ Name ---------------- Signature ______________ _ Address ---------------- For Escrow Agent: Title ----------------- Name ---------------- Signature ______________ _ Address ---------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l' •+;' Revised 6/12/18 Contract No. 6329/6330 Page 48 of 144 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: ,, •+;' Revised 6/12/18 Title MAYOR ---~--'--'--"--'--'------------- Name ---------------- Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title ----------------- Name ---------------- Signature ______________ _ Address ---------------- Title ----------------- Name ________________ _ Signature ______________ _ Address _______________ _ Contract No. 6329/6330 Page 49 of 144 GENERAL PROVISIONS FOR TRAFFIC SIGNALS AT POINSETTIA LANE, CASSIA ROAD AND SKIMMER COURT CONTRACT NO. 6329/6330 SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the ap- proval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement-See Contract. ,, •;;' Revised 6/15/17 Contract No. 6329/6330 Page 50 of 144 Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard 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 contrac- tor" 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. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 51 of 144 County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment ,, •,r Revised 6/15/17 Contract No. 6329/6330 Page 52 of 144 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 admin- istration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. l' •+r' Revised 6/15/17 Contract No. 6329/6330 Page 53 of 144 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, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 54 of 144 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon DBL ................................................................... Double ABAND ...................................................... Abandoned OF ............................................................... Douglas fir ABS ........................ Acrylonitrile -butadiene -styrene DIA ................................................................. Diameter AC ..................................................... Asphalt Concrete DIP ..................................................... Ductile iron pipe ACP .......................................... Asbestos cement pipe DL ................................................................ Dead load ACWS ..................... Asphalt concrete wearing surface DR. ..................................................... Dimension Ratio ALT ................................................................ Alternate OT ................................................................. Drain Tile APTS ................................ Apartment and Apartments DWG ............................................................... Drawing AMER STD ................................... American Standard DWY ............................................................. Driveway AWG ............... American Wire Gage (nonferrous wire) DWY APPR ................................... Driveway approach BC .................................................. Beginning of curve E ...................................................................... Electric BCR ....................................... Beginning of curb return EA ........................................................................ Each BORY ............................................................ Boundary EC ............................................................ End of curve BF ..................................................... Bottom of footing ECR ................................................ End of curb return BLDG ........................................ Building and Buildings EF ................................................................ Each face BM ............................................................ Bench mark EG .......................................................... Edge of gutter BVC ................................... Beginning of vertical curve EGL. ................................................. Energy grade line B/\/IJ ........................................................... Back of wall El .................................................................. Elevation CIC ..................................................... Center to center ELC ..................................... Electrolier lighting conduit CAB ...................................... Crushed aggregate base EL T ........................................................ Extra long ton CAUOSHA. ........... California Occupational Safety and ENGR ....................................... Engineer, Engineering Health Administration EP ................................................... Edge of pavement CalTrans ....... California Department of Transportation ESMT ........................................................... Easement CAP ................................... Corrugated aluminum pipe ETB .......................................... Emulsion-treated base CB ............................................................. Catch Basin EVC .............................................. End of vertical curb Cb ........................................................................ Curb EWA. .............................. Encina Wastewater Authority CBP ............................... Catch Basin Connection Pipe EXC ............................................................ Excavation CBR ....................................... California Bearing Ratio EXP JT ................................................. Expansion joint CCR ............................. California Code of Regulations EXST ............................................................... Existing CCTV ............................................... Closed Circuit TV F .................................................................. Fahrenheit CES ......................... Carlsbad Engineering Standards F&C ................................................... Frame and cover CF ................................................................. Curb face F&I .................................................. Furnish and install CF ................................................................ Cubic foot FAB ............................................................... Fabricate C&G .................................................... Curb and gutter FAS ............................................... Flashing arrow sign CFR ................................ Code of Federal Regulations FD ............................................................... Floor drain CFS .......................................... Cubic Feet per Second FON ........................................................... Foundation CIP ......................................................... Cast iron pipe FED SPEC .................................. Federal Specification CIPP ............................................... Cast-in place pipe FG ........................................................ Finished grade CL ............................................. Clearance, center line FH ............................................................. Fire hydrant CLF ..................................................... Chain link fence FL. .................................................................. Flow line CMB ............................... Crushed miscellaneous base FS ...................................................... Finished surface CMC ......................................... Cement mortar-coated FT-LB ......................................................... Foot-pound CML ............................................ Cement mortar-lined FTG .................................................................. Footing CMWD .................... Carlsbad Municipal Water District FW ............................................................ Face of wall CO ................................................... Cleanout (Sewer) G ........................................................................... Gas COL ................................................................. Column GA. .................................................................... Gauge COMM ...................................................... Commercial GAL. ............................................... Gallon and Gallons CONC ............................................................ Concrete GALV ......................................................... Galvanized CONN ........................................................ Connection GAR ........................................... Garage and Garages CONST ................................... Construct, Construction GIP .............................................. Galvanized iron pipe COORD ...................................................... Coordinate GL ......................................... Ground line or grade line CSP ........................................... Corrugated steel pipe GM .............................................................. Gas meter CSD ............................... Carlsbad Standard Drawings GNV ............................................... Ground Not Visible CTB ............................................. Cement treated base GP .................................................................. Guy pole CV ............................................................. Check valve GPM ................................................ gallons per minute CY ............................................................... Cubic yard GR ..................................................................... Grade D .............................................................. Load of pipe GRTG .............................................................. Grating dB .................................................................. Decibels GSP ........................................... Galvanized steel pipe ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 55 of 144 H ............................................................ High or height Pl .................................................. Point of intersection HB .................................................................. Hose bib PL ............................................................ Property line HC ................................................... House connection PMB ............................ Processed miscellaneous base HOWL ........................................................... Headwall POC ...................................................... Pointon curve HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal POT ................................................... Point on tangent pp .............................................................. Power pole HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR. ........................................................... Hydraulic IE ........................................................ Invert Elevation ID ......................................................... Inside diameter INCL. .............................................................. Including INSP ............................................................ 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 L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAI NT ...................................................... Maintenance MAX .............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ............................................................... On center OD .................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................. Overhead Electric OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ................................................................ Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene 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 RM/ ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil RM/ .......................................................... Right-of-way RA ....................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF .............................................................. Reference REINF .............................. Reinforced or reinforcement RES .............................................................. Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad RSE ............................. Registered structural engineer RTE .................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD .............................................................. Storm drain SDNR .............................. San Diego Northern Railway SOR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickn~ss) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC ................................................................. Section SF .............................................................. Square foot SFM ................................................ Sewer Force Main SI ...................... International System of Units (Metric) SPEC .................... , ................................ Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................. State highway STA ................................................................... Station STD ................................................................ Standard STR .................................................................. Straight STR GR ................................................. Straight grade STRUC ......................................... Structural/Structure SW ................................................................. Sidewalk SWD ..................................................... Sidewalk drain SY ............................................................. Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone ., \.+;' Revised 6/15/17 Contract No. 6329/6330 Page 56 of 144 TF .......................................................... Top of footing VC .......................................................... Vertical curve TOPO ........................................................ Topography VCP .................................................. Vitrified clay pipe TR ........................................................................ Tract VERT ............................................................... Vertical TRANS ......................................................... Transition VOL. ................................................................. Volume TS ......................... Traffic signal or transition structure VWD ...................................... Vallecitos Water District TSC ............................................. Traffic signal conduit W ....................... Water, Wider or Width, as applicable TSS ........................................... Traffic signal standard WATCH .............. Work Area Traffic Control Handbook TW .............................................................. Top of wall WI ............................................................ Wrought iron TYP ................................................................... Typical WM .......................................................... Water meter UE .............................................. Underground Electric WP J ........................................... Weakened plane joint USA ................................... Underground Service Alert XCONN ............................................ Cross connection VAR .................................................... Varies, Variable XSEC ..................................................... Cross section VB ................................................................ Valve box 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................................................. American Association of State Highway and Transportation Officials AISC ................................................................................................... American Institute of Steel Construction ANSI ...................................................................................................... American National Standards Institute API ....................................................................................................................... American Petroleum Institute AREA ............................................................................................. American Railway Engineering Association ASTM ............................................................................................. American Society for Testing and Materials AWPA ................................................................................................. American Wood Preservers Association AWS ........................................................................................................................ American Welding Society AWWA ....................................................................................................... American Water Works Association FHWA ............................................................................................................. Federal Highway Administration GRI ................................................................................................................. Geosynthetic Research Institute NEMA ........................................................................................ National Electrical Manufacturers Association NOAA ............................................... National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................................................ United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 57 of 144 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ............................................................................................... 25.4 micrometer (µm) 1 inch (in) ......................................................................................................... 25.4 millimeter (mm) 1 inch (in) ......................................................................................................... 2.54 centimeter (cm) 1 foot (ft) .......................................................................................................... 0.3048 meter (m) 1 yard (yd) ....................................................................................................... 0.9144 meter (m) 1 mile (mi) ........................................................................................................ 1.6093 kilometer (km) 1 square foot (ft2) ............................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) .......................................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) ............................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) ............................................................................................. 0.7646 cubic meter (m3) 1 acre ............................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ............................................................................................ 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ........................................................................................ 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ...................................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ........................................................................................... 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ........................................................................... 0.9072 Tonne (= 907 kg) 1 Poise ............................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) .............................................................................................. 1 square millimeters per second (mm2/s) 1 pound force (lbf) ........................................................................................... 4.4482 Newton (N) 1 pounds per square inch (psi) ........................................................................ 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ........................................................................... 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ................................................................................. 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .......................................................... 1.3558 Watt (W) 1 part per million (ppm) .................................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ................................................................................... Degree Celsius (°C): °F = (1.8 x °C) + 32 .......................................................................................... °C = (°F -32)/1.8 SI Units abbreviation Commonl Used in Both S stems 1 mpere A 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes ~~it~li:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ g;! ~~~~~~(:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~g12 1-5 SYMBOLS L'. L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 58 of 144 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), which- ever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107 .5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. ,, •+f Revised 6/15/17 Contract No. 6329/6330 Page 59 of 144 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The.Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bond- ing limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Pro- cedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 60 of 144 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way 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 Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES}, Standard Specifications for Public Works Construction, (SSPWC}, and the latest supplements thereto, 2018 edition as published by the "Greenback" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of TWO (2) sets of drawings. The construction plan sets are des- ignated as City of Carlsbad Drawing Nos. 519-9 and 520-1 and each set consists of two (2) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, and California Department of Transportation, CAL TRANS, standard drawings, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. ,., •,;' Revised 6/15/17 Contract No. 6329/6330 Page 61 of 144 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions. 6) Drawings (Plans) 7) Technical Specifications. 8) Supplemental Provisions. 9) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 10) Standard Specifications for Public Works Construction, as amended. 11) Reference Specifications. 12) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. ,, •ff Revised 6/15/17 Contract No. 6329/6330 Page 62 of 144 2-5.2.1 Precedence of Contract Documents: Where CAL TRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALT_RANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 15 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. 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 submit- tals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: ,., •ff Revised 6/15/17 Contract No. 6329/6330 Page 63 of 144 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: ___________ _ Title: _____________ _ Date: --------------- Company Name: ____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item s ection Number Title Subiect 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 4 209-2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6 General Falsework 7 303-1. 7 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 False-work Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.7.3 General Temporary Bypasses 13 307-1.1 General Jacking Operations 14 307-2.1 General Tunneling Operations 15 307-2.4 Tunnel Supports Tunneling Operations 16 306-8.2.2.3 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 17 308-3 Microtunneling Microtunneling Operations 18 701-17.2.2 Controller Cabinet Wirinq Diaarams Traffic Sianal Construction Working drawings listed above as Items 1, 5, 6, 8, 9, 10, 12, 13, 14, 15 and 17 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 as- sembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifi- cations for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 64 of 144 be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.3.1. 8) Request for Permission of Laydown or staging area (if within City ROW) 9) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bul- letins, specifications, diagrams, product samples, and other information necessary to de- scribe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufac- tured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep an up-to-date record set of drawings "as-built", which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, un- derground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. The official record drawing shall accurately reflect all changes and modifications to the original plan. The Contractor shall formally submit the final rec- ord drawing at the final walkthrough meeting. At the direction of the engineer, the Contractor shall correct and revise the Record Drawings to accurately reflect field conditions. Re-submittal of the Record Drawings shall be completed within ten (10) working days of the final walkthrough meeting date and shall reflect any additional punch list items. Payment for the upkeep, revision, and sub- mittal of the record drawings shall be included in the lump sum price for this bid item. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, 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 anal- yses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 65 of 144 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided 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 Con- tractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding 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 qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished work. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 66 of 144 Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, 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 Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing 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. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 67 of 144 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are in- volved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. {'\ •,;' Revised 6/15/17 Contract No. 6329/6330 Page 68 of 144 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 69 of 144 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment 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 Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inci- dentals. 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 Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacturer. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 70 of 144 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor .................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, 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 subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment 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 doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 71 of 144 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 72 of 144 "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 under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- . sponse to the City's proposed final estimate in order for it to be further considered." Title: By:------------------------------ Date: --------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 73 of 144 The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 1 0 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 74 of 144 (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements ('\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 75 of 144 of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 ( commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 76 of 144 (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. ( d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 77 of 144 (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. {' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 78 of 144 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast-iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 79 of 144 regulations as may apply. Contractor shall furnish Engineer with such information as may be nec- essary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper 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. {' •ff Revised 6/15/17 Contract No. 6329/6330 Page 80 of 144 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. ,, ._, Revised 6/15/17 Contract No. 6329/6330 Page 81 of 144 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The inves- tigation 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 in- formation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledge- ment, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Con- tractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the coop- erative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 82 of 144 provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the inves- tigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertain- ing 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 con- signee, the project name and number, address of delivery and name of consignor and a descrip- tion of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 83 of 144 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. l'\ •ff Revised 6/15/17 Contract No. 6329/6330 Page 84 of 144 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area af- fected by the Work will complete their necessary installations, relocations, repairs, or replace- ments before commencement of work by the Contractor. When the Plans or Specifications indi- cate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensa-,, •+; Revised 6/15/17 Contract No. 6329/6330 Page 85 of 144 tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELA VS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. {'\ •ff Revised 6/15/17 Contract No. 6329/6330 Page 86 of 144 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as oth- erwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's man- agement personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the precon- struction meeting. 6-1.2 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 Base- line Construction Schedule shall include each item and element described in this section and shall be provided on a physical (paper) copy and electronic media copy. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The schedule shall include, but is not limited to, submittal dates for working drawings and shop drawings, critical path milestones, start and end dates for each bid item and traffic control phases, utility and traffic signal shutdowns, supporting information, and the critical path to project completion, the bar chart shall use differing texture patterns or distinctive line types to show the critical path. The construction schedule shall display project specific information including the start and end dates of start and end dates of Phase 1, 2, and 3 of the project, as defined in Section 6-2.1 Order of Work, and the critical path of work activities through these phases. 6-1.2.2 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engi- neer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions within ten (10) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within ten (10) working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.2.1 through 6-1.2.2.3. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 87 of 144 6-1.2.2.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. 6-1.2.2.2 "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 submitting any additional submittals to the City. 6-1.2.2.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correc- tions and changes. 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 consid- ered 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. 6-1.2.3 Maintenance of Construction Schedule. The Contractor's schedule shall be updated on a weekly basis and presented at progress meetings per Section 6-2.3. The updated schedule shall display start/early finish dates for critical milestones, percent completed for each work item, lag time, delays, and the number of working days exhausted at the time of progress meeting. 6-1.2.4 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 Engi- neer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Rep- l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 88 of 144 resentative shall be the individual determined under Section 7-6, "The Contractor's Representa- tive". 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 Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of ,, •+; Revised 6/15/17 Contract No. 6329/6330 Page 89 of 144 such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The City may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELA VS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor "' •ff Revised 6/15/17 Contract No. 6329/6330 Page 90 of 144 shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classi- fication of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7 .1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in workdays. The Contractor shall diligently prosecute the work to completion within 45 working days after the start- ing date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1 . Saturdays and Sundays 2. Any day designated as a holiday by the Agency, 3. 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, 4. Any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 5. Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8 a.m. and 4 p.m., Monday through Friday. These times exclude Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires daytime work or to work outside said hours or at any time during weekends and/or holidays. This written per- mission 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. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work- ing day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 91 of 144 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $2,000. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any pro- gress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. With respect to the public right-of-way, failure of the Contractor to restore and open fill travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15 minutes increment ( or portion of time thereof) beyond the hours of work stated in the contract documents, the Contractor Shall pay to the Agency, or have monies due to it, the sum of five hundred dollars ($500). Such sum is liquidated damages and shall not be construed as a penalty, and will be deducted from monthly progress payments due to the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its l'\ • ., Revised 6/15/17 Contract No. 6329/6330 Page 92 of 144 operations. Nothing in this section shall be construed as relieving the Contractor from full respon- sibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 93 of 144 SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to un- dertake 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." l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 94 of 144 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Con~ tractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for ·night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 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 al- ternative representative may be designated as well. The representative or alternate shall be pre- sent at the Work site whenever work is in progress or whenever actions of the elements necessi- tate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by oth- ers. 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. l'\ •+' Revised 6/15/17 Contract No. 6329/6330 Page 95 of 144 The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7 .1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time exten- sion if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at the end of each working day at the minimum, for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed imme- diately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 96 of 144 The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the.Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be consi_dered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R-9-2015-0100, Construction General Permit and amendments thereto, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construc- tion 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. l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 97 of 144 The Contractor shall comply with the City SWPPP Manual for Construction BMP's (2016 Edition). The Contractor shall be responsible for implementing and maintaining construction BMPs. All costs for water pollution control is incidental to the work and no payment shall be made for water pollution control or utilizing construction BMPs. 7-8. 7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Con- tractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with Part 7 Street Lighting and Traffic Signal Systems of the SSPWC and Appendix C -City of Carlsbad Traffic Signal and Street Lighting Notes. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 98 of 144 stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet}, shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal com- pany, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 feet distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descrip- tion of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of ,, •tr Revised 6/15/17 Contract No. 6329/6330 Page 99 of 144 the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance 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 contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, and watch persons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................ . 2) Carlsbad Fire Department Dispatch ............................................. .. 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District ........................................................ .. 7) Waste Management ...................................................................... . 8) Islands Restaurant ........................................................................ . 9) Mobil Gas ..................................................................................... .. 10) The Coast News Group ................................................................. . 760-602-2720 760-931-2197 760-931-2197 760-438-2980 760-602-2752 760-967-2828 760-929-9400 760-602-9898 760-438-2141 760-436-9737 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 100 of 144 Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the California Manual on Uniform Traffic Control De- vices (FHWA MUTCD 2009 Revision 1 and 2, as amended for use in California) and these provi- sions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be re- quired herein, the Engineer may, at his/her sole option, install the traffic signs, markings, deline- ation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb mark- ing shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equip- ment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. l'\ •ff Revised 6/15/17 Contract No. 6329/6330 Page 101 of 144 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 2', nor oper- ate equipment within 1 0' from any traffic lane occupied by traffic. For equipment, the 1 0' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneu- vered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract 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 barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2009 Revision 1 and 2, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an altemative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Cal- ifornia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2009 Revisions 1 and 2, as amended for use in California) published by CAL TRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mate- rial. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 102 of 144 traffic pattern for the area and is no longer required for the direction of public traffic. When tem- porary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. The contractor shall submit a TCP for all work._The Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activ- ities that are located within the traveled way. The Contractor shall have TCP prepared and sub- mitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The minimum 15-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2009 Revi- sions · 1 and 2, as amended for use in California) published by CALTRANS as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be pre- pared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, sup- plements, and/or new designs to TCP. The Engineer may approve any such modifications, sup- plements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifica- tions, supplements, and/or new designs to the TCP prepared by the registered professional engi- neer retained by the Contractor will be beneficial to the best interests of the Agency. Such modi- fication, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the En- gineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. Design of the traffic control plan, submittal of TCP, revisions to TCP, and implementation of traffic control for this project shall be considered incidental to the work and no extra payment shall be made for traffic control. 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 ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 103 of 144 Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. l'. •+' Revised 6/15/17 Contract No. 6329/6330 Page 104 of 144 (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of ,, .... Revised 6/15/17 Contract No. 6329/6330 Page 105 of 144 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 par- ties." SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel are not required. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 106 of 144 SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Stand- ard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 107 of 144 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10 Use of Improvement During Construction. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 Lump Sum Work of these General Provisions. Progress payments shall be made no later than thirty (30) ,, .... Revised 6/15/17 Contract No. 6329/6330 Page 108 of 144 calendar days after the closure date. Five (5) working days following the closure date, the Engi- neer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Con- tractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental pay- ment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conform- ance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under Section 6-9 Liquidated Damages. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5 Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to l'\ •ff Revised 6/15/17 Contract No. 6329/6330 Page 109 of 144 ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, 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 con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shal.l be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5 Disputed Work for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. Payment for mobilization will be included in the various bid items of work and no other payment will be made for mobilization. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various bid 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 Docu- ments, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, the Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at their expense. ,, •ff Revised 6/15/17 Contract No. 6329/6330 Page 110 of 144 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3l PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1l Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monu-330-C-23 ments (560-C-3250) Traffic Signal Foundations 385-C-28 (660-CW-4000) Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm {Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201- 1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.1 Cement. Substitute the following: a) Portland Cement. Portland Cement shall be Type II or V Portland cement conforming to ASTM C150 and the optional requirements of ASTM C150, Table 2 for maximum equivalent al- kalis (Na2O + 0.658K2O) of 0.60 percent. SECTION 206 -MISCELLANEOUS METAL ITEMS 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS Add the following section: 206-1.6 Stainless Steel Fasteners. Stainless steel fasteners for general applications shall be Type 304 or Type 316. Bolts, screws, studs, threaded rods, and non-headed anchor bolts shall conform to ASTM F593 or F738M. Nuts shall conform to ASTM F594 or F836M. ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 111 of 144 Add the following section: 206-7 TRAFFIC SIGNS 206-7.1.1 Roadside Signs. This work shall consist of furnishing and installing roadside 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 ser- viceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and alumi- num 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, 8. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer's identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plas- tic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation 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 8209. Sheet aluminium shall be pretreated in accordance to ASTM Designa- tion 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing 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 {' •ff Revised 6/15/17 Contract No. 6329/6330 Page 112 of 144 the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be pro- vided 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. 7 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and porta- ble signs. 206-7 .2.1 General. This work shall consist of furnishing and installing temporary signs in accord- ance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the service- ability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation 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 8209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing 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 RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise 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 m2 ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 113 of 144 (5 ft2)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 operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tub- ing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be per- forated on all four faces with 11 mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011 ", -0.005"). Convexity and concavity measured in the center of the flat side shall not ex- ceed a tolerance of +0.25 mm (+0.01 0") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerancefor corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). {'\ •ff Revised 6/15/17 Contract No. 6329/6330 Page 114 of 144 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25 X 25 (1 X 1) 0.13 0.005 32 X 32 (1¼x1¼) 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44 x44 (1¾x1¾) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/15 X 23/15) 0.25 0.010 57 X 57 (2¼ X 2¼) 0.25 0.010 64 X 64 (2½ X 2½) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness(1l Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm(2l (lnches)(2l 25 X 25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38 X 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44 x44 (1-¾ X 1-¾) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/15 X 2-3/15) 0.36 0.014 1.6 0.062 57 X 57 (2-¼ X 2-¼) 0.36 1.014 1.6 0.062 64 X 64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 . . (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed . (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type Ill. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chev- rons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, park- ing stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specifi- cation No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 115 of 144 paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermo- plastic material and glass beads may be obtained from the CAL TRANS Transportation Labora- tory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal 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 performed after fab- rication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designa- tion: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Gal- vanizing 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, mill- ing, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvaniz- ing 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. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted as- semblies 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 galva- nizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 Paint. Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (or- ganic vehicle type) conforming to the provisions in Section 210-3.5 Repair of Damaged Zinc Coat- ing Aerosol cans shall not be used. l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 116 of 144 SECTION 214-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General -Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PlWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the sur- face of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifica- tions for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone num- ber (916) 227-7000. 214-6 PAVEMENT MARKERS Add the following section: 214-6.4.3.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214- 6.4.3.1, or equal thereto. TABLE 214-6.4.3.1 TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM-Temporary Overlay Davidson Traffic Control Products, 3110 70th Avenue East, Ta- Markers coma, WA 98424, 877) 335-4638 Add the following section: 214-6.4.3.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 mat night under illumina- tion 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 214-6.4.3.2, or equal thereto. ,, •,;' Revised 6/15/17 Contract No. 6329/6330 Page 117 of 144 Type Safe-Hit SH336SMA TABLE 214-6.4.3.2 REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite SDR3036 "Super Duck" Carsonite Composites, LLC 605 Bob Gifford Boulevard Early 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 Certificate of Compliance in accordance with the provisions of Section 2-5.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 118 of 144 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 306 -OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1 General. Add the following: When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Con- tractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs. 306-3.2 Removal of Surface Improvements. Add the following: Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be re- moved in accordance with Subsection 401 of the Standard Specifications and these Special Pro- visions. 306-3.5 Maximum Length of Open Trench. Add the following: The first sentence for the first paragraph is hereby deleted and replaced with the following: Except by permission of the Engi- neer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed in a single day. Add the following section: 306-3. 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: 306-3. 7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recog- nized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. ,, •+; Revised 6/15/17 Contract No. 6329/6330 Page 119 of 144 The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100) X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100) X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND NIGHTS WEATHER SPEED SLOPE LANES = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by Supplements 1 and 2. = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by Supplements 1 and 2. = total number of 24 hour periods during which the plates will be utilized at the site being considered. = total number of Saturdays, Sundays and holidays that the plates will be uti- lized at the site being considered. = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. = 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 construction zone speed reductions. = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridg- ing shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-3.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Draw- ings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. {'\ •ti Revised 6/15/17 Contract No. 6329/6330 Page 120 of 144 Add the following section: 306-3.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate 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 ex- ceed 25 mm (1 ") and shall be filled with elastomeric sealant material which may, at the contrac- tor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longi- tudinal 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 ¾") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequen't 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 section shall be com- pletely 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 surface during and after their use. Add the following section: 306-3.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-3.7.4 (A) l' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 121 of 144 TABLE 306-3.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1J Minimum Plate Thickness 0.3 m (10") 13 mm (½") 0.6 m (23") 19 mm (¾") 0.8m (31") 22 mm (7/a") 1.0 m (41") 25 mm (1") 1.6 m (63") 32 mm (1 ¼") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submit- ted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CAL TRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid sur- face on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-3.7.5 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, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-12 BACKFILL. 306-12.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of Section 209-7.3.2 of the Supplemental Specifications. 306-12.3.2 Compaction Requirements. Delete Section 306-12.3.2 and replace with the follow- ing: The Contractor shall density trench backfill to a minimum of 90 percent relative compaction except that in the top 915 mm (36") of the street right-of-way, compaction shall be 95 percent. 306-12.3.2 Compaction Requirements. Delete Section 306-12.3.2 and replace with the follow- ing: The Contractor shall density trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent, in accordance with Carlsbad Standard Drawings S-5 and W-2. 306-13 TRENCH RESURFACING. 306-13.1 Temporary Resurfacing. Add the following: Temporary bituminous resurfacing mate- rials which are placed by the Contractor are for its convenience and shall be at no cost to the "' •+r' Revised 6/15/17 Contract No. 6329/6330 Page 122 of 144 Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfac- ing 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 resurfac- ing 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 com- pensation for furnishing, placing, maintaining, removing, and disposing of such temporary resur- facing materials. 306-13.2 Permanent Resurfacing. Add the following: Except as provided in section 306-13.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials in accordance with Carlsbad Standard Drawings GS-24 through GS-29. 306-15 PAYMENT. 306-15.1 General. This section is hereby deleted and replaced with the following: Trench resurfacing shall be incidental to the respective bid item requiring the trench to be excavated and shall be considered full compensation for sawcut, removal and disposal of existing PCC and AC pavement, trench excavation, removal of existing pipeline as specified, over excavation of trench as needed, preparation of bedding material, furnishing and installation of pipe or conduit, backfill per Carlsbad Standard Drawing W-2 and S-5, compaction, trench plates, bedding and protection for crossing utilities, aggregate road base to match existing depth, trench resurfacing per Carlsbad Standard Drawing GS-24, removal of spoils, import of fill material, and all other work necessary to install or remove conduit, complete and in place and no additional compensation shall be allowed therefor. SECTION 314 -TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.3.1 General. Add the following: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic control essential for safe control of traffic through and around the con- struction site. The Contractor shall remove by wet grinding all existing or temporary traffic mark- ings 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. 314-4.3.4.1 General. Add the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/s") in 3 m (1 O') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (1 O') when ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 123 of 144 measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. Add the following section: 314-4.3.5.1 Preparation of Existing Surfaces. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that con- flict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sand- blasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt concrete overlay is not permitted. Add the following section: 314-4.3.5.2 Layout, Alignment, and Spotting. The Contractor shall establish the necessary con- trol points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. Add the following section: 314-4.3.5.3 Application of Paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within 72 hours of pavement resurfacing. After one week, a second coat of paint shall be applied to all final, approved striping. The Con- tractor shall paint the ends of each median nose yellow. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 314-4.3.6 Payment. Delete this Section and add the following: The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for the installation and replacement of all final and temporary striping, pavement markers, inlet stenciling, signing, and refreshing all striping within 200 feet in each direction of the project limits of work per this section, the plan, and contract documents. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 124 of 144 314-5 PAVEMENT MARKERS 314-5.4 Placement. Add the following: When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pave- ment markers are to be placed. Add the following section: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and re- move reflective channelizers the same as for pavement marker placement and removal. The Con- tractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in Section 310-5. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Con- tractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. l'\ •+' Revised 6/15/17 Contract No. 6329/6330 Page 125 of 144 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 601 -TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP). 601-2.2 Payment. Replace this section with the following: design of the traffic control plan, sub- mittal of TCP, revisions to TCP, and implementation of traffic control for this project shall be con- sidered incidental to the work and no extra payment shall be made for traffic control. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES. 601-3.1 General. ADD the following: 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. Add the following section: 601-3.4.1 General. Add the following 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. 601-3.5 Signs and Signage 601-3.5.1 General. Add the following to the first paragraph: The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Modify the last paragraph as follows: Public notification signs of temporary no parking restriction shall be installed at least 72 hours before enforcement of the "No Park" zone. 601-3.5.2 Payment. Modify this section as follows: Payment for signs and signage is incidental to the temporary traffic control plan as specified in Section 601-2.2. 601-3.6 Channelizing Devices 601-3.6.1 General. Replace this section with the following: Channelizers shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 126 of 144 Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheet- ing as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in Section 314-5.4, "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 channel- izers to the proper alignment shall be performed by the Contractor. If the channelizers are dis- placed 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 speci- fications and conform to the prequalified design and material requirements approved by the En- gineer and were manufactured in accordance with a quality control program approved by the Engineer. 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS Add the following section: 601-4.2.1 Application of Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary· reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as deter- mined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to re- place patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the Section 314-3 Removal of Pavement Markers and Section 314-5 Pavement Markers, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 314-5.4 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. Temporary Pavement Markers shall be replaced within the same work day upon discovery of missing mark- ers. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 127 of 144 Technical Specifications ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 128 of 144 CITY OF CARLSBAD TRAFFIC SIGNAL SPECIFICATIONS (May 24, 2018) GENERAL Summary All traffic signal improvements constructed within the City of Carlsbad shall conform to the re- quirements as contained herein. Traffic signal equipment and improvements not otherwise iden- tified within this document shall be in accordance with the Caltrans Standard Plans and Standard Specifications. All references to the Caltrans Standard Plans shall be the 2018 Caltrans Standard Plans, includ- ing all Revised Standard Plans (RSP) as posted through April 19, 2019. All references to "Caltrans Standard Specifications" shall be considered to refer to the 2018 Cal- trans Standard Specifications, including the Revised Standard Specifications, dated April 19, 2019. All poles and mast arms shall be furnished and installed by Contractor and shall include installa- tion of pole foundations per Caltrans Standard Plans and Caltrans Standard Specifications. Submittals The Contractor shall submit all proposed equipment and materials to the City of Carlsbad for review and approval prior to ordering. Submitted materials shall conform to the requirements of the Caltrans specifications, these specifications, the plans, and special provisions. Proposed use and submittal of equipment different than equipment where the vendor and/or model has been specifically identified shall conform to all features and functions of the specified equipment. Where applicable the proposed equipment shall demonstrate support of full functionality within existing City of Carlsbad operational software. Requirements The Contractor shall obtain the appropriate permits and shall conduct a field walk through of the project site with City of Carlsbad prior to the start of work. The Contractor shall contact the City of Carlsbad to schedule the field walk a minimum of 5 work- ing days in advance. The Contractor shall be responsible to coordinate with the City of Carlsbad for project approval and acceptance. Warranty Requirements The Contractor shall warranty all work, labor, equipment, cabling, and appurtenances from de- fects, malfunctions, and failures for a minimum of one year from the date of acceptance by the City of Carlsbad Traffic Engineer and/or TSOS. This warranty shall include all labor, materials, equipment, shipping, handling, and miscellaneous work necessary to remedy defects, malfunc- tions, and failures to the satisfaction of the City. Testing Requirements The Contractor shall be responsible for testing of all installed traffic signal system equipment and components; including, but not limited to, fiber optic cables, traffic signal controller, inpuUoutput ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 129 of 144 cards, and cabling, to ensure a fully functional system. The Contractor shall prepare a test plan for review and approval by the City prior to conducting the test. TRAFFIC SIGNAL SYSTEM IMPROVEMENTS The Contractor shall be responsible to furnish and install all traffic signal equipment and materials except for those items specifically identified on the project plans and special provisions to be furnished by the City of Carlsbad. The Contractor shall provide all traffic control, configuration, and testing necessary to install or modify the traffic signalized intersection as identified in the project plans and special provisions. Conduits Traffic signal, lighting, and interconnect conduit and accessories shall conform to the require- ments of Sections 86-1.028 and 87-1.038 of the Caltrans Standard Specifications except as mod- ified herein. Materials Underground conduit shall be Schedule 80 PVC conduit complying with UL 651, or Schedule 80 HOPE complying with the requirements of UL 651A. Galvanized rigid steel conduit shall be utilized in all exposed above ground installations; within structures; and, between a structure or exposed location and the nearest pull box. Rigid steel conduit shall comply with UL 6 and ANSI C80.1. The zinc galvanizing must comply with UL 6 copper sulfate test requirements. Rigid steel conduit fittings shall be electrogalvanized and certi- fied under UL 5148. Conduit sweeps shall be factory manufactured bends with a maximum angle of 30-degrees; ra- dius of bends shall be a minimum of ten times the outside diameter of the nominal conduit cross- section. Total bends between pull boxes shall not exceed a total of 360-degrees, in horizontal and vertical directions combined. All conduit shall have a #14 tracer wire and a pull rope installed. The #14 tracer wire and pull rope shall be separate materials (not combined into a single detectable pull rope). All service conduits between San Diego Gas and Electric (SDG&E) service points and meter ped- estals shall comply with SDG&E conduit size and material requirements. A minimum of two four-inch conduits shall be installed between the controller cabinet and the adjacent traffic signal pull box. All conduits shall be a minimum three-inch conduit unless other- wise identified on the plans. Construction of a new traffic signal or new conduit installed at an existing traffic signal shall have a minimum of one three-inch conduit crossing each leg of the intersection. Each conduit crossing shall terminate into a traffic signal pull box. Construction Requirements Conduit installation shall be by trenching or directional drilling method as identified in the plans or specified herein. Conduit installation under existing pavement, sidewalk, driveways, and pedes- trian ramps shall be by directional drilling unless previously approved by the City of Carlsbad Traffic Engineer. ,, • ..., Revised 6/15/17 Contract No. 6329/6330 Page 130 of 144 The Contractor shall not be allowed to dig under existing curb and gutter for conduit installation. All curb and gutter removed shall be restored within 48 hours of demolition. All new conduit shall be installed with a minimum of 30 inches of cover. Conduit with less than 30 inches of covers shall be concrete encased with a minimum of 18 inches of cover. Fiber optic conduit installed by trenching shall be marked with a yellow underground warning tape installed 6 inches below grade. The installed yellow underground marking tape must be marked to identify "CAUTION FIBER OPTIC." Measurement and Payment Conduit shall be measured and paid per lineal foot for each size and type of conduit furnished and installed. Pull Boxes and Vaults Pull boxes for traffic signal, lighting, and interconnect conduit systems and facilities shall conform to the requirements of Sections 86-1.02C and 87-1.03C of the Caltrans Standard Specifications except as modified herein. Materials All new pull boxes for traffic signal systems shall be No. 6, unless otherwise identified on the project plans or special provisions. The traffic signal pull box adjacent to the traffic signal controller cabinet shall be No. 6E. Pull box covers shall be marked "CARLSBAD TRAFFIC SIGNAL." All new fiber optic pull boxes, at locations along or at the intersection of a major/collector arterial, shall be a 36"x36"x36" splice vault unless otherwise identified on the project plans or special provisions. The splice vault lid shall be lockable and have a lift assist. The splice vault shall be furnished with racks and hooks installed in the walls of the vault. For fiber optic pull box locations along or at the intersection of a local street or in areas where space is confined, a No. 6E pull box shall be used at the discretion of the City of Carlsbad. Splice vault and pull box covers shall be marked "CARLSBAD FIBER OPTIC." All new lighting pull boxes shall be a No. 3.5 pull box, unless otherwise identified on the project plans or special provisions. The lighting pull boxes shall be marked "CARLSBAD LIGHTING." All pull boxes shall be concrete. Covers for No. 3.5 and No. 5 pull boxes installed in non-traffic areas shall be concrete. Covers for No. 6 pull boxes installed in non-traffic areas shall be concrete or polymer. Non-traffic pull boxes and covers must comply with ANSI/SCTE 77, "Specification for Underground Enclosure Integrity," for Tier 22 load rating and must be gray. Covers for No. 3.5 pull boxes, No. 5 pull boxes, No. 6 and 6E pull boxes, and splice vaults installed in traffic areas shall be a metal (cast iron or steel) cover complying with AASHTO HS20-44 and AASHTO M 306. All metal components shall be grounded as specified in the Caltrans Standard Specifications Section 86-1.02C(3). Construction Requirements All pull box locations shall be considered approximate. The Contractor shall stake the proposed location of the pull boxes after verification of underground utilities and obtain approval of the lo- cation by the Engineer prior to construction. {'\ •+; Revised 6/15/17 Contract No. 6329/6330 Page 131 of 144 All pull boxes shall be placed behind the sidewalk, or if the preceding is impractical, in the sidewalk adjacent to the right-of-way. Pull boxes shall not be installed within pedestrian or driveway ramps. Any pull boxes installed along a roadway without curb and sidewalk shall be installed adjacentto, but not within, the shoulder. All pull boxes adjacent to the shoulder, or other drivable areas, shall be traffic rated. Traffic signal pull boxes shall have a maximum spacing of 200 feet. Fiber optic communication pull boxes shall have a maximum spacing of 1,000 feet with no more than 180 degrees of total bends, or as approved by the City. Clean crushed rock shall be placed in the bottom of all pull boxes extending a minimum of 6 inches below and around the pull box. Pull boxes shall not be grouted. Measurement and Payment Pull Boxes will be measured and paid for each type of Pull Box or Splice Vault installed in accord- ance with the project plans. Conductors, Cabling, and Wiring Traffic signal system conductors and cabling shall conform to the requirements of Sections 86- 1.02F, 86-1.02H, 86-1.021, 87-1.03F, 87-1.03H, and 87-1.031 of the Caltrans Standard Specifi- cations except as modified herein. Materials Copper Conductors and Traffic Signal Cabling Conductors and cabling for traffic signal systems, lighting, and miscellaneous electrical connec- tions shall be in accordance with the Caltrans Standard Specifications. Loop Lead-ins Conductors for loop detector lead-ins shall be Type B. Signal Interconnect Cabling New traffic signal interconnect cabling (SIC) shall be a six (6) paired-conductor communications cable (total 12 conductors) and shall conform to the requirements of REA specification PE-39 (gel-filled cable, solid copper conductors). The conductor gauge shall be 19 AWG. Communication Cabling The Contractor shall furnish Category Se or Category 6 communications cabling has identified on the project plans. The furnished CAT Se or CAT 6 cabling shall be outdoor rated, and shielded, conforming to the requirements of Telecommunications Industry Association (TIA) Standard 568 C.2. CAT Se or CAT 6 cables must not exceed 300 feet in finished length. Check each cable for pin- to-pin termination of each conductor. The finished outside diameter of the cable must not exceed 1/2-inch. Fiber Optic Cabling {' •+;' Revised 6/15/17 Contract No. 6329/6330 Page 132 of 144 Each fiber optic (FO) outside plant cable must be all dielectric, non-gel water blocking materials, duct type, with loose buffer tubes and must conform to the special provisions. Cables must contain single mode (SM) (1310 nm and 1550 nm) fibers in the quantities as shown on the plans; if not shown on the plans the following fiber counts will apply: Quantity Cable Purpose 12 SMFO Branch Cable 144 SMFO Trunkline Cable The optical fibers must be contained within loose buffer tubes. The loose buffer tubes must be stranded around an all dielectric central member. Aramid yarn or fiberglass must be used as a primary strength member, and a polyethylene outside jacket must provide for overall protection. All FO cable must be from a manufacturer who is regularly engaged in the production of this material. The cable must comply with all the requirements of RUS-Chapter XVII, Title 7, Section 1755.900 and as specified in the special provisions. Each optical fiber must be glass and consist of a doped silica core surrounded by concentric silica cladding. All fibers in the buffer tube must be usable fibers, and must be sufficiently free of surface imperfections and inclusions to meet the optical, mechanical, and environmental requirements of these specifications. The required fiber grade SM must reflect the maximum individual fiber at- tenuation, to guarantee the required performance of each and every fiber in the cable. The coating must be a dual layered, UV cured acrylate. The coating must be mechanically or chemically strippable without damaging the fiber. The cable must comply with the optical and mechanical requirements over an operating temper- ature range from -40 to + 70 °C. The change in attenuation at extreme operational temperatures (from -40 to + 70 °C) for single mode fiber must not be greater than 0.20 dB/km, with 80 percent of the measured values no greater than 0.10 dB/km. The single mode fiber measurement is made at 1550 nm. For all fibers, the attenuation specification must be a maximum attenuation for each fiber over the entire operating temperature range of the cable. Single mode fibers within the finished cable must meet the requirements in the following table: Parameter Singlemode Type Step Index Core diameter 8.3 µm (nominal) Cladding diameter 125 µm ±1.0 µm Core to Cladding Offset :S1 .0µm Coating Diameter 250 µm ±15 µm Cladding Non-circularity defined as: :S2.0 percent [1-(Min cladding Dia +Max cladding Dia.)]x100 Proof/Tensile Test ~ttenuation: (-40 to +70 DC) ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 133 of 144 @1310 nm S0.4 dB/km @1550 nm s0.3 dB/km ~ttenuation at the Water Peak S2.1 dB/km (@ 1383 +3 nm Chromatic Dispersion: lzero Dispersion Wavelength 1301.5to 1321.5 nm IZero Dispersion Slope s0.092 ps/(nm2*km) Maximum Dispersion: s3.3 ps/(nm*km) for 1285 -1330 nm <18 ps/(nm*km) for 1550 nm Cut-Off Wavelength <1260 nm Mode Field Diameter 9.3 ±0.5 µm at 1300 nm 'Petermann II) 10.5 ±1.0 µmat 1550 nm Fiber Color Coding Optical fibers must be distinguishable from others in the same buffer tube by means of color coding according to the following: Blue (BL) Orange (OR) Green (GR) Brown (BR) Slate (SL) hite WT Red (RD) Black (BK) ellow (YL) iolet (VL) Rose (RS) ua AQ The colors must be targeted in accordance with the Munsell color shades and must meet EIA/TIA- 598 "Color Coding of Fiber Optic Cables." Buffer tubes containing fibers must also be color coded with distinct and recognizable colors ac- cording to the same table listed above for fibers. The color formulation must be compatible with the fiber coating and the buffer tube filling com- pound, and be heat stable. It must not fade or smear or be susceptible to migration and it must not affect the transmission characteristics of the optical fibers and must not cause fibers to stick together. Cable Construction The fiber optic cable must consist of, but not be limited to, the following components: 1. Buffer tubes 2. Central member 3. Filler rods 4. Stranding 5. Core and cable flooding 6. Tensile strength member 7. Ripcord 8. Outer jacket Buffer Tubes. -Loose buffer tubes must provide clearance between the fibers and the inside of the tube to allow for expansion without constraining the fiber. The fibers must be loose or sus- pended within the tubes and must not adhere to the inside of the tube. Each buffer tube must contain 6 or 12 fibers. {'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 134 of 144 The loose buffer tubes must be extruded from a material having a coefficient of friction sufficiently low to allow free movement of the fibers. The material must be tough and abrasion resistant to provide mechanical and environmental protection of the fibers, yet designed to permit safe inten- tional "scoring" and breakout, without damaging or degrading the internal fibers. Buffer tube must have a non-gel water-blocking material used to prevent water intrusion and mi- gration. The filling compound must be non-toxic and dermatologically safe to exposed skin. It must be chemically and mechanically compatible with all cable components, non-nutritive to fun- gus, non-hygroscopic and electrically non-conductive. The filling compound must be free from dirt and foreign matter and must be readily removable with conventional nontoxic solvents. Buffer tubes must be stranded around a central member by a method that will prevent stress on the fibers when the cable jacket is placed under strain, such as the reverse oscillation stranding process. Central Member. -The central member which functions as an anti-buckling element must be a glass reinforced plastic rod with similar expansion and contraction characteristics as the optical fibers and buffer tubes. A linear overcoat of low density polyethylene must be applied to the cen- tral member to achieve the optimum diameter to provide the proper spacing between buffer tubes during stranding. Filler Rods. -Filler rods may be included in the cable to lend symmetry to the cable cross-section where needed. Filler rods must be solid medium or high, density polyethylene. The diameter of filler rods must be the same as the outer diameter of the buffer tubes. Stranding. -Completed buffer tubes must be stranded around the overcoated central member using stranding methods, lay lengths and positioning such that the cable must meet mechanical, environmental and performance specifications. A polyester binding must be applied over the stranded buffer tubes to hold them in place. Binders must be applied using tension sufficient to secure the buffer tubes to the central member without crushing the buffer tubes. The binders must be non-hygroscopic, non-wicking (or rendered so by the flooding compound), and dielectric with low shrinkage. Core and Cable Flooding. -The cable core interstices must be filled with a polyolefin based com- pound to prevent water ingress and migration. The flooding compound must be homogeneous, non-hygroscopic, electrically non-conductive, and non-nutritive to fungus. The compound must also be nontoxic, dermatologically safe and compatible with all other cable components. Tensile Strength Member. -Tensile strength must be provided by high tensile strength aramid yarns or fiberglass which must be helically stranded evenly around the cable core and must not adhere to other cable components. Ripcord. -The cable must contain at least one ripcord under the jacket for easy sheath removal. Outer Jacket. -The jacket must be free of holes, splits, and blisters and must be medium or high,.density polyethylene (PE), or medium density cross-linked polyethylene with minimum nom- inal jacket thickness of 40.0 ± 3 mil1000 ±76 µm. Jacketing material must be applied directly over the tensile strength members and flooding compound and must not adhere to the aramid strength material. The polyethylene must contain carbon black to provide ultraviolet light protection and must not promote the growth of fungus. {' • ., Revised 6/15/17 Contract No. 6329/6330 Page 135 of 144 The jacket or sheath must have clear, distinctive and permanent markings showing the manufac- turer's name, the words "Optical Cable", the number of fibers, "SM", year of manufacture, and sequential measurement markings every 3 feet. The actual length of the cable must be within - /+1 percent of the length marking. The marking must be in a contrasting color to the cable jacket. The height of the marking must be approximately 0.1-inch. Functional Requirements The FO cable must meet the current requirements of the Energy Information Administration (EIA) and TIA fiber optic test procedures; EIA-TIA 455-x. Packaging and Shipping Requirements The completed cable must be packaged for shipment on reels. The cable must be wrapped in a weather and temperature resistant covering and sealed to prevent the ingress of moisture. Each end of the cable must be securely fastened to the reel to prevent the cable from coming loose during transit. Ten feet of cable length on each end of the cable must be accessible for testing. Each cable reel must have a durable weatherproof label or tag showing the manufacturer's name, the cable type, the actual length of cable on the reel, your name, the contract number, and the reel number. A shipping record must also be included in a weatherproof envelope showing the above information and also include the date of manufacture, cable characteristics (size, attenua- tion, bandwidth, etc.), factory test results, and cable identification number. The FO cable must be in one continuous length per reel with no factory splices in the fiber. Each reel must be marked to indicate the direction the reel should be rolled to prevent loosening of the cable. Construction Requirements All cabling in pull boxes and cabinets shall be labeled. Communication Cabling At all locations where twisted pairs are separated out from the cable for field termination, maintain the cable manufacturer's twist pattern and ratio throughout the exposed portion of the twisted pair up to the connector or termination. The communication cable running between equipment or components must be continuous with- out splices. Surge suppression shall be required for all communication cables which run from the traffic signal cabinet to an external facility (i.e. traffic signal pole, secondary cabinet, pull box, etc.) Fiber Optic Cabling Installation of FO cabling shall conform to the cable manufacturers procedures for tensioning and bend radius. Fiber optic cabling shall be installed unspliced except for the splice locations specif- ically identified on the project plans. Splicing of the fiber optic cable shall be fusion splices and shall be limited to only those fibers specifically identified to be spliced. Full cable splice for ease of installation shall not be permitted. A minimum of 10 feet of slack shall be provided in each pull box the fiber optic cable passes through. At splice vaults, with or without splices identified, a minimum of 50 feet of slack shall be provided. ,, • ., Revised 6/15/17 Contract No. 6329/6330 Page 136 of 144 Fiber optic cable splices must be housed with splice trays in a fiber termination panel or splice enclosure and must be protected with a metal reinforced thermal shrink sleeve. Measurement and Payment Conductors, Cabling, and Wiring for traffic signal installations and modifications will be measured and paid per linear foot in accordance with the project plans and specifications. Conductors, Cabling, and Wiring for communications, fiber optic, and street lighting systems will be measured and paid per lineal foot for each type of conductor or cable installed in accordance with the project plans and specifications. Fiber Optic Termination Unit The Contractor shall furnish and install a 19-inch rack mountable fiber optic termination unit ca- pable of terminating a minimum of 24 fiber strands or the number of fiber strands as identified in the project plans. The rack mountable termination unit shall house, organize, manage, and protect fiber optic cable, splices, and connectors; and shall include integral cable management. Materials The Fiber Optic Termination Unit fiber trays shall be constructed of steel material. Steel cover shall be removable for cabling and connector access during installation. Enclosure shall have multiple knockouts for a variety of trunk cable entry points. Termination connector type shall be SC/UPC connectors. Construction Requirements Fiber Optic Termination Unit shall be installed within the traffic signal controller cabinet. Measurement and Payment Fiber Optic Termination Unit shall be measured and paid per each unit furnished and installed in accordance with the project plans. Fiber Optic Splice Enclosure The Contractor shall furnish and install a fiber optic splice enclosure complete with splice organ- izer trays, brackets, clips, cable ties, and sealants. The splice enclosure shall be securely fas- tened to the wall of the splice vault or No. 6E pull box, and be capable of enclosing 288 splices as identified in the project plans. Materials Each splice shall be individually mounted and mechanically protected in the splice tray and shall be protected with heat-shrink splice protector sleeves. Construction Requirements Fiber Optic Splice Enclosure shall be installed within a splice vault or No. 6E pull box and mounted horizontally in a manner that allows the cables to enter at the end of the splice enclosure. Not less than 50 feet of each cable entering the splice enclosure shall be coiled in vault or pull box to allow the fiber splice closure to be removed for future splicing. Measurement and Payment Fiber Optic Splice Enclosure shall be measured and paid per each unit furnished and installed in accordance with the project plans. l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 137 of 144 Electrical Service Contractor shall coordinate with SDG&E to obtain electrical service to the cabinets and signal equipment for the project. Electrical service cabinets shall conform to the requirements of Section 86-1.02P of the Caltrans Standard Specifications and SDG&E requirements except as modified herein. Materials Electrical service cabinets shall be foundation mounted enclosures conforming to the require- ments of the Caltrans Standard Plans for a Type Ill, single meter enclosure. Electrical services, unless otherwise specified on the plans, shall include at a minimum, the fol- lowing circuit breakers: • 1 -100 Amp Main Breaker • 1 -30 Amp Traffic Signal Breaker • 1 -20 Amp Safety Lighting Breaker Construction Requirements Electrical service cabinets shall be placed a minimum of ten feet from the traffic signal cabinet. The Contractor shall stake proposed cabinet locations. Measurement and Payment Type Ill Electrical Service with Foundation will be measured and paid for each electrical service installed which shall include cabinet, foundation, conduit, circuit breakers, pull rope, and all asso- ciated equipment as discussed on the plans and specifications. This bid item shall also include applying for and coordinating the establishment of a new electrical service in accordance with SDG&E requirements. Battery Back-up System The Battery Back-up System (BBS) shall be capable of providing complete emergency battery back-up for use at a traffic signal utilizing LED traffic signals and pedestrian heads for a minimum of 8 hours. The BBS shall have the capability of notifying Operations, Maintenance or transporta- tion management center via e-mail of any alarms, faults or events, user selectable. E-mail set up must allow for different levels of notifications based on the criticalness of the alarms. Materials Transfer Time. The maximum transfer time allowed, from disruption of normal utility line voltage to stabilized inverter line voltage from batteries, shall be 5 milliseconds (ms). The same maximum allowable time shall also apply when switching from the inverter line voltage to utility-line voltage. Transfers to and from battery operation shall not interfere with the operation of the other equip- ment in the intersection. AC Feedback. The BBS shall prevent a malfunction feedback to the cabinet or from feeding back to the utility service. Destructive Discharge or Overcharge. The BBS shall be equipped with an integral system to pre- vent the battery from destructive discharge or overcharge. Circuit Breakers. The BBS shall be equipped with an AC Input circuit breaker that protects both the UPS and the loads connected to the output. Should the AC Input breaker on the UPS trip, it shall allow the UPS to go to inverter mode to power the intersection from the batteries. Should an l'\ •+;' Revised 6/15/17 Contract No. 6329/6330 Page 138 of 144 overload condition still exist when the inverter is energized the inverter will revert to its internal electronic protection, preventing damage to the inverter due to the overload or short circuit con- dition, on the output. Once this overload condition is cleared the inverter will energize and power the intersection utilizing the available battery power. If the condition does not clear itself, the in- verter will stay in the standby mode until manually cleared by a technician. The BBS shall have a flush mounted Battery circuit breaker installed on the front panel of the BBS inverter module. Battery Charger. The BBS shall have an integral charger that is compatible with Gel and AGM battery topology. The charger shall be an intelligent charger with control systems that automatically incorporates bulk, absorption and float charging modes. Battery Temperature Compensation. The integral Intelligent Charger shall use temperature com- pensation. The charging system shall compensate over a range of 2.5 -6.0mV/°C per cell, user adjustable when required. Recharge Time. The recharge time for the batteries from "protective low-cutoff' to 90 percent or more of full charge capacity shall not exceed 12 hours. The BBS charger shall be capable of providing 15 amps at 54VDC. Self-Testing. The BBS Inverter Module shall be programmable to perform automatic self-testing, programmed in weekly intervals and programmed by the user to meet their specific requirements or manufacturer's recommendation. During self-test the BBS Inverter Module shall identify a weak battery or multiple batteries in the string that have reached a weak state and notify maintenance by initiating a Weak Battery Alarm. Remote Battery Monitoring Specifications. Provide a remote battery monitor system (RBMS) in the UPS/Battery cabinet to monitor the four UPS batteries (4-12V battery blocks). The RBMS shall have the ability to monitor, read and record both the battery string and individual battery voltages, admittance (internal battery resistance), individual battery temperatures and to provide a real-time evaluation of the battery bank health. The RBMS shall have a built-in web interface for communications over Ethernet. The device shall be hardened and operate at a temperature range of -40C to +65C. The device shall include indi- vidual 12volt battery sensors and operate in the range of -40C to +80C. Communications shall be SNMP via TCP/IP. The RBMS shall include software to automatically poll each intersection, up to 100 per software program, reading individual battery voltage, admittance and temperature, confirming each is within its user programmable parameters. The system shall have the ability to program the inter- vals as to when each reading is taken, by days, weeks or months. The software shall be provided as part of the system cost. The RBMS shall also perform as a battery balancer, continuously monitoring all batteries in the string and to interface with the UPSs charger voltage/current so to keep the batteries equal with all batteries within the battery string. The RBMS shall allow for any single 12V battery within the battery string to be replaced without replacing all batteries in the string during the battery warranty period. Construction Requirements l' •ff Revised 6/15/17 Contract No. 6329/6330 Page 139 of 144 The BBS shall be housed in a corrosion resistant outdoor BBS enclosure side-mounted to the traffic signal controller cabinet. The foundation from the traffic signal controller cabinet shall ex- tended to include the BBS enclosure. Warranty Battery Back-up System. The BBS System shall include a 3-year warranty on parts and labor on the BBS System electronics. Batteries. The BBS Manufacturer must provide a 5-year unconditional full replacement warranty. Under the warranty time period, the battery must provide a minimum of 70% of its original capac- ity; otherwise it will be considered to be non-compliant to the warranty and replaced at no cost to the City of Carlsbad by the BBS manufacturer. Measurement and Payment Battery Back-up Systems will be included in the bid item for Traffic Signal Controller and Cabinet and no other payment will be made for battery back-up systems. Traffic Signal Cabinet Traffic Signal Cabinet shall be McCain 352i ATC Cabinet or City-approved equivalent. Materials Traffic Signal Cabinet housing requirements shall conform to the Caltrans TEES (2009) Chapter 6, Section 2 and Section 86-1.02Q of the Caltrans Standard Specifications. Traffic Signal Controller Traffic Signal Controller shall be a 2070 ATC controller as directed by the City of Carlsbad. Conflict Monitor Conflict Monitor shall be EDI 201 0ECL or City approved equivalent for existing 332 controller cabinets with 170E controllers. Conflict Monitor shall be EDI CMUip-2212-HV series or City approved equivalent for 352i ATC cabinet. Construction Requirements Traffic Signal Cabinet shall be positioned so that when facing the front door of the cabinet, at least one leg of the intersection signal faces is visible. Traffic Signal Cabinet foundation shall be sized to include the projected depth of the BBS enclo- sure side-mounted to the traffic signal cabinet. The Contractor shall furnish the traffic signal cabinet and/or controller to the City of Carlsbad for bench testing a minimum of 30 days prior to scheduled field installation. Following successful bench testing by the City of Carlsbad the Contractor shall pickup and transport the traffic signal cabinet and/or controller from City of Carlsbad facilities to the project site. The Contractor shall be responsible for providing all equipment and labor necessary for loading and offloading the traffic signal cabinet and/or controller. Measurement and Payment Traffic Signal Cabinet, Foundation, and Traffic Signal Controller will be measured and paid for per bid item "Furnish and Install McCain 352i ATC Cabinet and Trafficware 2070LX Controller with ,, • ._, Revised 6/15/17 Contract No. 6329/6330 Page 140 of 144 battery backup system alpha." This bid item shall include furnishing, installing the cabinet, foun- dation, and signal controller with two detector files, in accordance with the project plans and spec- ifications. This bid item shall also include any coordination, wiring and related work in order to furnish a working traffic control system to the city. Vehicle Signals Vehicle signal indications shall be 12" LED type for all indications and shall comply with Section 86-1.02R of the Caltrans Standard Specifications except as modified herein. Each vehicle signal face must: 1. Be adjustable and allow for 360-degree rotation about the vertical axis. 2. Comply with ITE publication ST-017B, "Vehicle Traffic Control Signal Heads". 3. Comply with California Test 604, except for arrow and "X" faces. 4. Have 3 sections arranged vertically: red at top, yellow at center, and green at bottom. 5. Be of the same manufacturer and material, if more than 1 is installed at an intersection, except for programmed visibility type. 6. Be sealed with neoprene gasket at top opening. 7. Signal indications shall have clear lenses. Materials Materials requirements shall be consistent with the ITE requirements for LED vehicular signal indications, housing, and backplate requirements. The material requirements will define the hous- ings to be black polycarbonate or metal with a black powder coated finish. Construction Requirements Installation of vehicle heads shall be installed in accordance with Caltrans Standard Plans. Measurement and Payment Vehicle Signals shall be measured and paid for each vehicular signal head furnished and installed in accordance with the project plans. Pedestrian Signals Pedestrian signal indications shall be LED type for all indications and shall comply with Section 86-4.03 of the Caltrans Standard Specifications except as modified herein. All indications shall comply with current Federal ADA requirements. Materials Material requirements shall be consistent with the ITE requirements for LED pedestrian signal indications with a count-down timer, indication housing, indication shield, etc. Pedestrian signal housing shall be identified as metal, with a black finish. Construction Requirements Installation of pedestrian signal heads shall be in accordance with Caltrans Standard Plans. Measurement and Payment Pedestrian Signals shall be measured and paid for each pedestrian signal head furnished and installed in accordance with the project plans and specifications. Vehicle Detection ,, •+;" Revised 6/15/17 Contract No. 6329/6330 Page 141 of 144 Vehicle detection shall be fully functional for detecting vehicles and bicycles, where applicable, and shall terminate into a two-channel or four-channel detector card in the controller cabinet. Vehicle detection shall be comprised of two categories: presence and advance. Presence detection shall be capable of vehicle presence, passage, count, and occupancy. Ad- vance detection shall be capable of both vehicle speed and advance detection. Materials Inductive loops for use as presence or advance detection as identified on the project plans, shall conform to Section 86-1.02F(c)(iii) of the Caltrans Standard Specifications. Over-roadway detection technologies are detection solutions that provide the capability to perform presence and/or advance detection without requiring the need of installing the detection onto, inside, or beneath the roadway. Over-roadway detection equipment furnished for the purpose of presence or advance detection shall include all mounting hardware, cabling, and input cards as required by the equipment manufacturer. Construction Requirements Installation of inductive loop detectors for presence or advance detection, as identified on the project plans, shall conform to Section 87-1.03F(3)(c)(ii) of the Caltrans Standard Specifications. Over-roadway detection technology cabling shall run unspliced from the traffic signal controller cabinet to the equipment installed on poles and/or other supports over the roadway. Equipment and cabling installation shall be in accordance with manufacturer recommendations. Over-road- way detection shall input detection calls to the traffic signal controller via the traffic signal cabinet input assembly. Measurement and Payment Inductive loop detectors shall be measured and paid for each type of loop detector installed in accordance with the project plans. Radar detection equipment shall be measured and paid for per lump sum bid item for "Radar Detection System" furnished and installed in accordance with the project plans and specifications. No separate measurement or payment will be made for cables, input cards, or other appurte- nances required to provide the intended operation. Pedestrian Push Button Assemblies Pedestrian push button assemblies shall be accessible pedestrian signals (APS), have a mini- mum actuator size of 2", and be compatible for mounting on all Caltrans approved standards, poles, and posts. Location and placement of pedestrian push buttons in relation to pedestrian crosswalks shall comply with CA MUTCD guidelines and Public Rights-of-Way Accessibility Guidelines (PROWAG). Materials Pedestrian push button assemblies shall be a 2-wire system comprised of a single unit with the pedestrian push button, accessible pedestrian signal (APS), and a R10 series sign. The pedestrian push button assembly housing shall be yellow. Construction Requirements ,, .... Revised 6/15/17 Contract No. 6329/6330 Page 142 of 144 Installation requirements for APS pedestrian push button assemblies shall conform to Section 87- 1.03U of the Caltrans Standard Specifications. Measurement and Payment Pedestrian Push Button Assemblies will be measured and paid for each APS push button assem- bly installed. Emergency Vehicle Pre-emption The emergency vehicle pre-emption detection system must be compatible with the traffic signal controller and the existing City of Carlsbad Fire Department emergency vehicle pre-emption emit- ters and radios. The system shall be capable of receiving a signal from an emergency vehicle (emitter and radio) and placing a request for priority to the traffic signal controller. Materials For each intersection, an emergency vehicle preemption GPS radio and all associated appurte- nances and cabling shall be installed in accordance with manufacturer requirements. The fur- nished emergency vehicle preemption GPS radio shall be GTT Opticom, or City approved equal. For each leg of the intersection an emergency vehicle preemption optical detector and all associ- ated appurtenances and cabling shall be installed in accordance with manufacturer requirements. The furnished emergency vehicle preemption optical detector shall be GTT Opticom, or City ap- proved equal. Construction Requirements Installation of EVPE equipment shall be in accordance with the Caltrans Standard Plans and manufacturer requirements. All appurtenances within the cabinet shall be affixed the 19-inch rack. Measurement and Payment Emergency Vehicle Pre-Emption will be measured and paid for each type of EVPE detector (sin- gle channel optical, dual channel optical, or GPS) furnished and installed in accordance with the project plans and specifications. Traffic Signal Safety Lighting Traffic Signal Safety Lighting shall meet or exceed the minimum intersection lighting requirements set forth in the Caltrans Traffic Manual, Section 9 for signalized intersections. Materials Traffic signal safety lighting shall be LED luminaires conforming to the requirements of the City of Carlsbad Engineering Standards and Lighting Specifications. Each safety lighting luminaire shall be furnished and installed with a photocell compatible to the NEMA 7 pin socket as identified in the City of Carlsbad Lighting Specifications. Construction Requirements Installation of traffic signal safety lighting luminaires shall be in accordance with the Caltrans Standard Plans. ,, •+' Revised 6/15/17 Contract No. 6329/6330 Page 143 of 144 Measurement and Payment Traffic Signal Safety Lighting will be measured and paid for each luminaire furnished and installed in accordance with the project plans and specifications and City Engineering Standards. Communication Equipment All Communication Equipment shall be compatible with the existing City of Carlsbad communica- tions network, traffic signal controller, locally installed equipment, and central traffic signal soft- ware system. The equipment type shall comply with the type shown on the plans unless directed otherwise by the Engineer. Materials All communication equipment shall be Ethernet, field hardened devices, manufactured by a com- pany regularly engaged in the production of Ethernet communications devices. Ethernet Switch (Copper) Ethernet switches supporting backbone communications over copper media shall be Etherwan model E78802 switch or approved equal in all features and functions. Ethernet Switch (Copper) shall be a hardened, managed, Layer 3 switch complying to NEMA TS2 requirements. The furnished and installed switch shall include eight 10/1 00BASE-TX PoE ports, and two 10/100/1 000Base-TX ports (SFP) for backbone communications. Ethernet Switch (Fiber) Ethernet switches supporting backbone communications over fiber optic cabling shall be Ether- wan model E78822 switch or approved equal in all features and functions. Ethernet Switch (Fiber) shall be a hardened, managed, Layer 3 switch complying to NEMA TS2 requirements. The furnished and installed switch shall include eight 10/1 00BASE-TX PoE ports, two 1 00Base-FX ports (single mode) with SC connections, and two 1 000Base-SX (SFP) (single mode) with SC connections for backbone communications. Construction Requirements The Contractor shall deliver all Ethernet Switches to be provided by the project to the City of Carlsbad for configuration and bench testing prior to field installation. The Contractor shall provide a minimum of 10 working days for the City staff to complete the configuration and testing of each Ethernet switch prior to field installation. Following configuration by City staff the Contractor shall pick-up, transport, and install the Ethernet switches in the traffic signal cabinet as identified on the project plans. Following field installation, the City of Carlsbad shall perform communications network testing. The Contractor shall be onsite during communications network testing to assist with troubleshoot- ing as directed by the City of Carlsbad. Measurement and Payment Communication Equipment will be measured and paid for each type of Ethernet Switch furnished and installed in accordance with the project plans and specifications. ,, •+;' Revised 6/15/17 Contract No. 6329/6330 Page 144 of 144