HomeMy WebLinkAboutPAL General Engineering Inc; 2021-03-16; PWS21-1338TRANCITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS, SUPPLEMENTAL
PROVISIONS, AND TECHNICAL
SPECIFICATIONS
FOR
TRAFFIC CALMING ON AMARGOSA
DRIVE, AVENIDA DIESTRO, ESTRELLA DE
MAR ROAD, CADENCIA STREET AND
HILLSIDE DRIVE
- Bidding
CONTRACT NO. 6070
BID NO. PWS21-1338TRAN
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Revised 6/12/18 Contract No 6070 Page 1 of 143 Pages
TABLE OF CONTENTS
Item Page
Notice Inviting Bids 6
Contractor's Proposal 13
Bid Security Form 19
Bidder's Bond to Accompany Proposal 20
Guide for Completing the "Designation of Subcontractors" Form 21
Designation of Subcontractor and Amount of Subcontractor's Bid Items 23
Bidder's Statement of Technical Ability and Experience 24
Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive
Liability and Workers' Compensation 25
Bidder's Statement Re Debarment 26
Bidder's Disclosure of Discipline Record 27
Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 29
Contract Public Works 30
Labor and Materials Bond 36
Faithful Performance/Warranty Bond 38
Optional Escrow Agreement for Surety Deposits In lieu of Retention 40
fk.4: Revised 6/12/18 Contract No. 6070 Page 2 of 143 Pages
GENERAL PROVISIONS
Section 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms 43
1-2 Definitions 44
1-3 Abbreviations 47
1-4 Units of Measure 50
Section 2 Scope and Control of The Work
2-1 Award and Execution of Contract 52
2-2 Assignment 52
2-3 Subcontracts 52
2-4 Contract Bonds 53
2-5 Plans and Specifications 54
2-6 Work to be Done 58
2-7 Subsurface Data 58
2-8 Right-of-Way 58
2-9 Surveying 58
2-10 Authority of Board and Engineer 62
2-11 Inspection 63
Section 3 Changes in Work
3-1 Changes Requested by the Contractor 63
3-2 Changes Initiated by the Agency 64
3-3 Extra Work 65
3-4 Changed Conditions 67
3-5 Disputed Work 69
Section 4 Control of Materials
4-1 Materials and Workmanship 74
4-2 Materials Transportation, Handling and Storage 78
Section 5 Utilities
5-1 Location 79
5-2 Protection 79
5-3 Removal 80
5-4 Relocation 80
5-5 Delays 81
5-6 Cooperation 81
Section 6 Prosecution, Progress and Acceptance of the Work
6-1 Construction Schedule and Commencement of Work 82
6-2 Prosecution of Work 86
6-3 Suspension of Work 87
6-4 Default by Contractor 87
6-5 Termination of Contract 88
6-6 Delays and Extensions of Time 88
6-7 Time of Completion 89
6-8 Completion, Acceptance, and Warranty 90
6-9 Liquidated Damages 90
6-10 Use of Improvement During Construction 91
4P11,
aw. Ur- Revised 6/12/18 Contract No 6070 Page 3 of 143 Pages
Section 7 Responsibilities of the Contractor
7-1 Contractor's Equipment and Facilities 91
7-2 Labor 91
7-3 Liability Insurance 92
7-4 Workers' Compensation Insurance 92
7-5 Permits 92
7-6 The Contractor's Representative 93
7-7 Cooperation and Collateral Work 93
7-8 Project Site Maintenance 93
7-9 Protection and Restoration of Existing Improvements 95
7-10 Public Convenience and Safety 96
Section 8 Facilities for Agency Personnel
8-1 General 103
Section 9 Measurement and Payment
9-1 Measurement of Quantities for Unit Price Work 104
9-2 Lump Sum Work 104
9-3 Payment 104
9-4 Bid Items 108
—1- Revised 6/12/18 Contract No. 6070 Page 4 of 143 Pages
SUPPLEMENTAL PROVISIONS TO PART 2, 3, AND 6 OF THE SSPWC
Part 2 Construction Materials
200-1 Rock Products 111
Section 201 Concrete, Mortar and Related Materials
201-1 Portland Cement Concrete 113
Section 203 Bituminous Materials
203-6 Asphalt Concrete 116
Section 204 Lumber and treatment with Preservatives
204-1 Lumber and plywood... 117
Section 206 Miscellaneous Metal Items
206-7 Traffic Signs 118
206-8 Light Gage Steel Tubing and Connectors 120
206-9 Portable Changeable Message Sign 120
Section 207 Pipe
207-2 Reinforced Concrete Pipe 122
Section 210 Paint and Protective Coatings
210-1 Paint 126
210-3 Galvanizing. 126
Section 214 Pavement Markers
214-5 Reflective Pavement Markers 126
Part 3 Construction Methods
Section 300 Earthwork
300-1 Clearing and Grubbing 128
Section 301 Subgrade Preparation 131
Section 302 Roadway Surfacing 131
Section 303 Concrete and Masonry Construction 135
Section 310 Painting
310-5 Painting Various Surfaces 136
310-7 Permanent Signing 137
Section 312 Pavement Marker Placement and Removal
312-1 Placement 138
Section 313 Temporary Traffic Control Devices
313-1 Temporary Traffic Pavement Markers 139
313-2 Temporary Traffic Signing 140
313-3 Temporary Railing (Type K) and Crash Cushions 140
313-4 Measurement and Payment 142
Part 6 Modified Asphalt, Pavement and Processes
600-3 Rubberized Emulsion — Aggregate Slurry 142
t.4, Revised 6/12/18 Contract No. 6070 Page 5 of 143 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 a.m. on December 18, 2020, the City shall accept sealed bids, bids via electronic format via
the City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at
https://www.carlsabdca.qovidepts/finance/contractinq/bids.asp for performing the work as follows:
install speed cushions and traffic circles.
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
PWS21-1338TRAN
ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic
format (eBids) EXCLUSIVELY at the City of Carlsbad's electronic bidding (eBidding) site, at:
http://www.carlsbadca.goviservices/depts/finance/contracting/bids.asp and are due by the
date and time shown on the cover of this solicitation.
BIDDERS MUST BE PRE-REGISTERED with the City's bidding system and possess a system-
assigned Digital ID in order to submit an electronic bid.
The City's electronic bidding (eBidding) system will automatically track information submitted to the
site including IP addresses, browsers being used and the URLs from which information was submitted.
In addition, the City's bidding system will keep a history of every login instance including the time of
login, and other information about the user's computer configuration such as the operating system,
browser type, version, and more. Because of these security features, Bidders who disable their
browsers' cookies will not be able to log in and use the City's bidding system.
The City's electronic bidding system is responsible for bid tabulations. Upon the bidder's or proposer's
entry of their bid, the system will ensure that all required fields are entered. The system will not accept
bid for which any required information is missing. This includes all necessary pricing, subcontractor
listing(s) and any other essential documentation and supporting materials and forms requested or
contained in these solicitation documents.
BIDS REMAIN SEALED UNTIL DUE DATE AND TIME.
eBids are transmitted into the City's bidding system via hypertext transfer protocol secure (https)
mechanism using SSL 128-256-bit security certificates issued from VerisigniThawte which encrypts
data being transferred from client to server. Bids submitted prior to. the Due Date and Time are not
available for review by anyone other than the submitter, who will have until the Due Date and Time to
change, rescind or retrieve its bid should they desire to do so.
BIDS MUST BE SUBMITTED BY DUE DATE AND TIME.
Once the deadline is reached, no further submissions are accepted into the system. Once the Due
Date and Time has passed, bidders, proposers, the general public, and City staff are able to
immediately see the results online. City staff may then begin reviewing the submissions for
responsiveness, compliance and other issues.
RECAPITULATION OF THE WORK.
Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-
responsive. Alternative proposals will not be considered unless called for.
tat Revised 6/12/18 Contract No. 6070 Page 6 of 143 Pages
BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and
Time.
Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to
the speed and capabilities of the user's internet service provider (ISP), bandwidth, computer hardware
and other variables, it may take time for the bidder's submission to upload and be received by the
City's eBidding system. It is the bidder's sole responsibility to ensure their bids are received on time
by the City's eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by
the Due Date and Time.
ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT.
The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury
under the laws of the State of California, that the certification, forms and affidavits submitted as part
of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that
doing so carries the same force and full legal effect as a paper submission with a longhand (wet)
signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined
and understands the entire Contract Documents (which consist of the plans and specifications,
drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid
proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents,
including any addenda issued thereto, and incorporated by reference in the Contract Documents.
BIDS ARE PUBLIC RECORDS
Upon receipt by the City, bids shall become public records subject to public disclosure. It is the
responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise
legally privileged information contained within the bid. General references to sections of the California
Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that
clearly establishes that the requested information is exempt from the disclosure requirements of the
PRA, the City shall be free to release the information when required in accordance with the PRA,
pursuant to any other applicable law, or by order of any court or government agency, and the Bidder
agrees to hold the City harmless for any such release of this information.
INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may
be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department.
Each bid must be accompanied by security in a form and amount required by law. The bidder's security
of the second and third next lowest responsive bidders may be withheld until the Contract has been
fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or
deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law
(Public Contract Code section 10263), appropriate securities may be substituted for any obligation
required by this notice or for any monies withheld by the City to ensure performance under this
Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited
with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent
shall maintain insurance to cover negligent acts and omissions of the agent in connection with the
handling of retentions under this section in an amount not less than $100,000 per contract.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a
contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
taw. —1- Revised 6/12/18 Contract No. 6070 Page 7 of 143 Pages
The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file with the Engineering Department. The
specifications for the work include City of Carlsbad Technical Specifications and the Standard
Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening
and the supplements thereto as published by the "Greenbook" Committee of Public Works
Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby
made to the plans and specifications for full particulars and description of the work. The General
Provisions (Part 1) to the SSPWC do not apply.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
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 (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original)
within two (2) business days of bid Opening / three (3) Apparent Low Bidders.
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(s)
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)
BIDDER'S GUARANTEE OF GOOD FAITH (BID SECURITY)
At the time of bid submission, bidders must upload and submit an electronic PDF copy of the
aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an
approved corporate surety bond payable to the City of Carlsbad, the bid security must be uploaded to
the City's eBidding system. Within two (2) business days after the bid opening date, the first three (3)
apparent low bidders must provide the City with the original bid security.
Failure to submit the electronic version of the bid security at time of bid submission shall cause the
bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required
to submit original bid security to the city within two (2) business days after bid opening date. Failure
to provide the original within two (2) business days may deemed the bidder non-responsive.
Due to COVID-19, the City of Carlsbad offices are closed to the Public. Bidder's Bid Bond (Original)
will be accepted via USPS, UPS or any other courier service during regular business hours. If
you have any questions regarding this matter please feel free to email me at
janean.hawney@carlsbadca.gov.
tJ Revised 6/12/18 Contract No. 6070 Page 8 of 143 Pages
Original Bid Bond shall be submitted to:
City of Carlsbad
Public Works, Contract Administration
Attention: Janean Hawney, Contract Administrator
1635 Faraday Avenue
Carlsbad, California, 92008
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
$199,400.
TIME OF COMPLETION
The contractor shall complete the Work within the time set in the contract as defined in the General
Provisions Section 6-7.
SPECIALTY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is awarded.
In all other cases the contractor shall state their license number, expiration date and classification in
the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The
following classifications are acceptable for this contract: A: General Engineering Contractor
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 5% retention from each payment, these documents must be completed and submitted with
the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS
Bid packages, various supplemental provisions and Contract Documents may be obtained on the City
of Carlsbad website at www.carlsbadca.qov. 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 drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response will
be made to such inquiry. Prior to the award of the contract, no addition to, modification of or
interpretation of any provision in the contract documents will be given by any agent, employee
or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on
directions given by any agent, employee or contractor of the City of Carlsbad except as
hereinbefore specified.
REJECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
111M
—1- Revised 6/12/18 Contract No. 6070 Page 9 of 143 Pages
PREVAILING WAGE TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of
applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract
is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed
by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
contract for public work, unless currently registered and qualified to perform public work pursuant to
Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and
making them available for inspection. Contractor shall require all subcontractors to comply with
Section 1776.
PRE-BID MEETING
A pre-bid meeting and tour of the project site will not be held.
UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and
figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
BIDDER'S INQUIRIES
Questions on the bid documents during the bid period shall be submitted in writing, via email, solely
to:
Janean Hawney, Contract Administrator
janean.hawnevacarlsbadca.00v
Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details
or specification sheets.
The cutoff date to submit questions regarding this project is December 10, 2020 at 5 p.m. No
questions will be entertained after that date.
Revised 6/12/18 Contract No. 6070 Page 10 of 143 Pages
The answers to questions submitted during the bidding period will be published in an addendum and
provided to those bidding on the project on or before December 11, 2020.
ADDENDUMS
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one
hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the General Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount equal to
or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:
1)An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2)A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the
insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1)Have a rating in the most recent Best's Key Rating Guide of at least A-:VII
2)Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1)Meet the conditions stated above for all insurance companies.
2)Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled.
Workers' compensation insurance required under this contract must be offered by a company meeting
the above standards with the exception that the Best's rating condition is waived. The City does accept
policies issued by the State Compensation Fund meeting the requirement for workers' compensation
insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the required
bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor
fails to comply with these requirements, the City may award the contract to the second or third lowest
bidder and the bid security of the lowest bidder may be forfeited.
t MI- Revised 6/12/18 Contract No. 6070 Page 11 of 143 Pages
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.
December 1, 2020 ‘ftveteavviimertey
Date Deputy Clerk
tad, Revised 6/12/18 Contract No. 6070 Page 12 of 143 Pages
CITY OF CARLSBAD
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO,
ESTRELLA DE MAR ROAD, CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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, and
addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and
services required to do all the work to complete Contract No. 6070 in accordance with the Plans,
Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will
take in full payment therefore the following unit prices for each item complete, to wit:
SCHEDULE "A" ROAD IMPROVEMENTS
Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
1 Mobilization at 1 LS
$ 5,000.00
Five Thousand Dollars
(Price in Words)
2 Traffic Control at 1 LS
$ 12,000.00
Twelve Thousand Dollars
(Price in Words)
3 Asphalt Concrete at 154 TON $ 320.00 $49,280.00
Three Hundred Twenty Dollars
(Unit Price in Words)
4 Concrete Curb Ramp (Type C) 1 EA $ 4,800.00 $ 4,800.00
at
Four Thousand Eight Hundred Dollars
(Unit Price in Words)
01'
t illr• Revised 6/12/18 Contract No. 6071 Page 13 of 143 Pages
5 Adjust Manhole to grade at 2 EA $ 1,200.00
One Thousand Two Hundred Dollars
$ 2,400.00
(Unit Price in Words)
450.00 6 Adjust Valves to Grade at 4 EA $
$ 1,800.00
Four Hundred Fifty Dollars
(Unit Price in Words)
7 Signing and Striping at 1 LS $ 33,925.00
Thirty-Three Thousand Nine
Hundred Twenty-Five Dollars
(Price in Words)
5.00 8 Concrete Removal (sidewalk) 80 SF $
at
Fifteen Dollars
(Unit Price in Words)
9 Concrete Removal (curb and 14 LF $•00
gutter) at
Seventy-Five Dollars
(Unit Price in Words)
10 Curb (Type B-3) at 161 LF $ 35.00
Thirty-Five Dollars
(Unit Price in Words)
$ 1,200.00
1,050.00
$ 5' 635 00
11 Cold Milling at
Two Dollars
7,534 SF $ 2.00 $ 15' 068 00
(Unit Price in Words)
12 Colored Stamped Concrete at 905 SF $ 17.00 $ 15,385.00
Seventeen Dollars
(Unit Price in Words)
Total amount of bid in words for Schedule "A":
One Hundred Forty-Seven Thousand Five Hundred Forty-Three Dollars
Total amount of bid in numbers for Schedule "A": $ 147,543.00
40111,
—v- Revised 6/12/18 Contract No. 6070 Page 14 of 143 Pages
The City shall determine the low bid based on Schedule "A" and Additive Alternative Schedule "B".
After the low Bid has been determined, the City may, at its sole discretion, award the Contract for
Schedule "A" alone or for Schedule "A" and Additive Alternative Schedule "B".
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1 and 2 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 916931 , classification A which expires on
4/30/2021 , and Department of Industrial Relations PWC registration number
1000004280 which expires on 6/30/2021 , and that this statement
is true and correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business
and Professions Code shall be considered nonresponsive and shall be rejected by the City §
7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows:
1.That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2.That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Bond (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to
the general prevailing rate of wages for each craft or type of worker needed to execute the Contract
and agrees to comply with its provisions,
4r.
t oj Revised 6/12/18 Contract No. 6070 Page 15 of 143 Pages
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
(St(fet-And Number)
City and State
(4)Zip Code
(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 jnade-by a general partner)
(3)Place of Business
(Street and Number)
City and State
(4)Zip Code Telephone No.
(5)E.
4t),
—r- Revised 6/12/18 Contract No. 6070 Page 16 of 143 Pages
Telephone No.
IF A CORPORATION, SIGN HERE:
(1)Name under which business is conducted PAL General Engineering, Inc.
(2)Abd Jahshan
(Signature)
President
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of California
(4)Place of Business 2364 Paseo De Las Americas, STE 104-1461
City and State San Diego, CA
(Street and Number)
(5)Zip Code 92154 Telephone No. (858)-860-5300
(6)E-Mail Estimating@palsdg.com
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
Revised 6/12/18 Contract No. 6070 Page 17 of 143 Pages
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:
Abd Jahshan President
Abd Jahshan Vice President
Abd Jahshan Secretary
irk
tat Revised 6/12/18 Contract No. 6070 Page 18 of 143 Pages
BID SECURITY FORM
(Check to Accompany Bid)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
tu4: Revised 6/12/18 Contract No. 6070 Page 19 of 143 Pages
day of December , 20_ 2Q.
Argonaut Insurance Company, c/o CMGIA
20335 Ventura Blvd., Ste 426
Woodland Hills, CA 91364
(Surety)
(Signature)
SIGNED AND SEALED, this 17th
PAL General Engineering, Inc. (SEAL)
(SEAL)
(Print Name/Title) Stephanie Hope Shear, Attorney-in-Fact
By:
Abd Jahshan, President
APPROVED AS TO FORM:
CELIA A. REWER
City Attorne
By:
Assistant City Attorney
Bond No.: CMGB00009333
BIDDER'S BOND TO ACCOMPANY PROPOSAL
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
KNOW ALL PERSONS BY THESE PRESENTS:
That we, PAL General Engineering, Inc. , as Principal, and Argonaut Insurance Company ,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of their bid amount) Ten Percent of Their Greatest Arnountitid*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 CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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.
(Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY — ATTACH ATTORNEY-IN-FACT
CERTIFICATE)
7%0 Revised 6/12/18 Contract No. 6070 Page 20 of 143 Pages
*(10% of Their G.A.B.)
STATE OF TEXAS
COUNTY OF HARRIS SS:
Argonaut Insurance Company
Joshua C. Betz, Senior Vice President
Bond No.: CMGI300009333 Argc,:ia at Insurance Company
Deliveries 3L-2., 225 W. Washington, 24th or
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
;.121R. OF A-_-=3RNLY
KNOW ALL MEN BY THESE PRESENTS: That the itrzmatt. tsvance ComparK;,, a C...vp duly organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady. Shilo Lee Losino.. Stephanie Hone Shear. Elizabeth Santos. Stacey Garcia, Matthew Dionisio
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to mike, execute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
S15,000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice dent,tScretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of fa ts3signature, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the give power of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts d suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May, 2017.
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Board ofDirectors of said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
I
XATMEEN 64. e061.EKS 4,1??...e.i.::.Tet Piezery Public. Stata et Taxers 1.12.......,,re Ceram. Erre:sae 07-15-2021
...MO,. Neter./ to 567902-13
4 4-Mixt ,-rn, "Intiltba
(Notary Public) —
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 17th day of December , 2020 .
................
s,..,....'.„,,,,T.,1,,,,,c,•.„
-7 --
s T.. %is
%.. %Nc6" I/ James 13luzard , Vice President-Surety •••..., , *
. ' .............
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137.
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 Los Angeles
On DEC 1 7 2020 before me, Lucas Malcolm-Shane Patterson, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephanie Hope Shear
Name(s) of Signer(s)
who proved to me on the oasis 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 ft/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
,foug.
•;711 1.05 Ancties County
Con
1— —216:2-43— — C;YnIT, tk(,tr. CV 9, 7020
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
LUCAS MAL 001,A.SNANF PATTERSON
:iotevo Puoc CaNtotn4
"The notary commission is extended pursuant to Executive Order N-63-20 and Executive Order N-71-20"
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docu or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Docu , Date:
Number of Pages: Signer(s) Other Than Named AID
Capacitycies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): . Corporate Officer — Title(s):
3 Partner — Ei Limited :3 Gen 1 Partner — L Limited E General
Ll Individual L Atto n Fact Individual Attorney in Fact
'',L3 Trustee L ardian or Conservator . Trustee Guardian or Conservator
El Other: Other:
Signer epresenting: Signer Is Representing:
AMCC4.X.A.Voces.,,MCZ, 'f...‘"Crclajtxclet:I.X,W.X.N.431
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are
urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
"Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own
Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3
SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder
proposes to perform. Bidders are cautioned that failure to provide complete and correct information
may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than
50 percent of the work by subcontractors or otherwise to be performed by forces other than the
Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so
designated by the Engineer on the "Contractor's Proposal" are not included in computing the
percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure
to provide complete and correct information may result in rejection of the bid as non-responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes
as installer of said materials. The value of material incorporated in any Subcontractor-installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to
be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid
item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the various
supplemental provisions. The decision of the City Council shall be final.
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.
t III- Revised 6/12/18 Contract No. 6070 Page 21 of 143 Pages
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
•‘'
-,- Revised 6/12/18 Contract No. 6070 Page 22 of 143 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this
bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as
designated in this list in accordance with applicable provisions of the specifications and section 4100
et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for
construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%)
or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR'S BID ITEMS
Portion
of Work
Subcontractor Name
and
Location of Business
Phone No.
and Email
Address
DIR
Registration
No.
Subcontractor's
License No. and
Classification
Amount of
Work by
Subcontract
or in Dollars*
Stripes Payco Specialties, Inc. (619) 422--9204 1000003515 298637
120 NORTH 2ND AVE jeremy@payco.biz
C-32 $ 29,500.00
CHULA VISTA, CA 91910
Page'I
of 1 pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
ink
Revised 6/12/18 Contract No. 6070 Page 23 of 143 Pages
Name and Phone No. Amount
of Person to Type of Work of
Contact Contract
Date
Contract
Completed
Name and Address
of the Employer
See attached
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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.
irk
tat —1- Revised 6/12/18 Contract No. 6070 Page 24 of 143 Pages
Coast Highway tot Sidewalk Improvements
Owner: City of Encinitas
Start Date: • 4/2/2018
Completion: 8/31/2018
Email: geomezrth.mbakerintl.com
General Contractor: PAL General Engineering, Inc.
Contract Value: $637,825.00
Contract Duration: 120 calendar days from date of NTP
Project Manager:
Phone:
Greg Gomez
760-602-7249
Grind & Overlay, AC Digouts, Trench Drain, Bike
Racks, Landscape & Irrigation, Decorative Sidewalk,
Driveway Approach, Curb & Gutter, Curb, Perforated
Curb, Ribbon Gutter, Curb Ramps, Striping, relocate
water meter box, relocate street light, rolled curb,
Modular Retaining Wall, Permeable Concrete Pavers,
Mow Curb
Scope of Work:
Wilson Ave and W.2and Street Improvements
Owner: City of National City
General Contractor: PAL General Engineering, Inc.
Contract Value: $355,404.00
Start Date: 4/1/2018
Completion: 6/29/2018
Contract Duration: 90 Working Days
Project Manager: Josh Johnson
Phone: 58-634-8180
Email: joshannc-sd.conk
Scope of Work:
AC Pavement, Concrete Driveway Approach, Concrete
Cross Gutter, Concrete Sidewalk, Curb Ramp. Signage
and striping, Street Light Pole, electrical conduit, pull box,
landscape, irrigation system, landscape maintenance. PROJECT INFORMATION Morning Sun Ct. Eight Alley Paving , Springwood Ln., and 4th St. ADA
Improvements
Owner: City of Imperial Beach
General Contactor: PAL General Engineering, Inc.
Contract Value: $936,697.00
Start Date: 7/11/2017
Completion: 11/11/2017
Contract Duration: 120 Working Days
Project Manager: Eric Mincilli
Phone: 619.423.8311
Email: eminicillaimnerialbeachca.go\
Scope of Work: Concrete Alley Paving,Previous Concrete, Driveway, Curb, Curb Ramps, RCP Storm Drain Pipe PROJECT INFORMATION PROJECT INFORMATION Owner: City of Encinitas
Start Date: 12/4/2017
Completion: 4/6/2018
Phone: 760-633-2862
Email: mwidelskiiiiencinitasca.g(w
General Contractor: PAL General Engineering, Inc.
Contract Value: $689,498.00
Contract Duration: 60 Working days
Project Manager: Matt Widelski
AC Digouts, AC Overlay, Root battier, 6-inch
perforated subdrain pvc, engineered paving mat, Class
II Base, AC Berm, Landscape and Irrigation, Sniping,
Concrete Sidewalk, Concrete Driveway, Concrete
Curb Ramp, Concrete Crub and Gutter, Concrete
Cross Gutter
Scope of Work:
.P„Ald
General Engineering Inc. PROJECT INFORMATION Coronado Cays Blvd OFF/ ON Ramp SB Route 75 - 11A2957 PROJECT INFORMATION Street, Curb and Gutter FY 16-17 Phase 2
Owner: Caltrans Owner: City of Coronado
General Contractor: PAL General Engineering, Inc. General Contractor: PAL General Engineering, Inc.
Contract Value: $248,818.00 Contract Value: $937,363.00
Start Date: 4/28/2019 Start Date: 9/3/2019
Completion: 7/29/2019 Completion: 10/17/2019
Contract Duration: 15 working days Contract Duration: 30 Working Days
Project Manager: Javier Mendivil Project Manager: Dave Johnson
Phone: 619-688-6707 Phone: 619-522-2425
Email: la vier.M_endivilfd,dot.ca.gov
Remove Concrete, Roadway Excavation, Slurry Seal,
Tack Coat, IIMA (Type A), Type A-2 Curb, Sidewalk,
Thermoplastic Striping, Pavement Markings, Cross
Gutter, Colored PCC Trap Channel
Email: diohnsono:cororiado.ca.us
Scope of Work: Scope of Work:
AC Overlay, Curb Ramps, Curb & Gutter Replacement,
AC Digout, AC Pavement Patch, R&R Sidewalk, remove
tree roots, pavement striping & markings,
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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:
Ej Comprehensive General Liability
LII Automobile Liability
LII Workers Compensation
Employer's Liability
2)Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1)Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project
for each insurance company that the Contractor proposes.
2)Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled.
the. —1- Revised 6/12/18 Contract No. 6070 Page 25 of 143 Pages
AUTHORIZED REPRESENTATIVE
ACCPRD ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY)
I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), 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
Alhant Insurance Services, Inc.
701 B Street 6th Floor
San Diego CA 92101
License#: DC36861
CONTACT NAME: Norma Figueroa
PHONE FAX (NC. No. Ext): 619-849-3871 (A/C, No): 619-699-2163
AIL
AD E-MDRESS: nfigueroa@alliant.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Executive Risk Indemnity Inc 35181
INSURED PALGENE-02
PAL General Engineering, Inc.
2364 Paseo de Las Americas #104-1461
San Diego CA 92154
INSURER s: Allied World National Assuranc 10690
INSURER c: Federal Insurance Company 20281
INSURER D :
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 237052803 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR V OL. TYPE OF INSURANCE 612.-WSID
SUER POLICY NUMBER POLICY EFF (1711711DD/YYYYLIMMIDD/YYYY1 POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY
54309886 1/7/2021 1/7/2022 EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE HX OCCUR
DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
1 GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE
POLICY
OTHER:
X
LIMIT APPLIES
172T-
PER:
LOC
,
PRODUCTS - COMP/OP AGG $ 2,000,000
BI/PD DEDUCTIBLE $10,000
C AUTOMOBILE LIABILITY
X ANY AUTO — OWNED
AUTOS ONLY
' y HIRED
— AUTOS ONLY
—
y
—
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
54309885 1/7/2021 1/7/2022 COMBINED SINGLE LIMIT '
(Ea accident) $ 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $ (Per accident)
$
B UMBRELLA LIAB
X 1 EXCESS LIAB
X OCCUR
CLAIMS-MADE
03116788 1/7/2021 1/7/2022 EACH OCCURRENCE $ 10,000,000
AGGREGATE $ 10,000,000
DED RETENTIONS
PRODUCTS-COMP. OP AGG $ 10,000,000
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFF ICERIMEMBEREXCLUDED7
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
54309887 1/7/2021 ER
1/7/2022 x ETZUTE
0TH-
N IA
E.L. EACH ACCIDENT $ 1,000,000
El. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Contract #6070, Bid #PWS21-1338TRAN, Traffic Calming on Amargosa Drive, Avenida Diestro, Estrella De Mar Road, Cadencia Street and Hillside Drive.
The City of Carlsbad, its officials, employees and volunteers are included as Additional Insureds on primary and non-contributory basis, per project aggregate
applies, waiver of subrogation applies.
CERTIFICATE HOLDER CANCELLATION
City of Carlsbad/CMVVD
do EXIGIS Insurance Compliance Services
P.O. Box 4668 - ECM #35050
New York NY 10163-4668
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 54309886 COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS 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.
CG 20 10 12 19 CD Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these 2. Available under the applicable limits of
additional insureds, the following is added to insurance;
Section III — Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: 54309886 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations
WHERE REQUIRED BY WRITTEN CONTRACT, BUT
ONLY WHEN THE CONTRACT SPECIFIES COVERAGE
FOR COMPLETED OPERATIONS
ALL LOCATIONS 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" 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 III — 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 12 19 19 Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: 54309886 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
ALL OF YOUR DESIGNATED CONSTRUCTION PROJECTS WHERE REQUIRED BY CONTRACT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:
1.A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.
2.The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard", and for medi-
cal expenses under Coverage C regardless of
the number of:
a.Insureds;
b.Claims made or "suits" brought; or
c.Persons or organizations making claims or
bringing "suits".
3.Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.
4.The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to the appli-
cable Designated Construction Project Gen-
eral Aggregate Limit.
CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 1:1
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section I — Coverage C, which cannot be at-
tributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1.Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2.Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.
C.When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.
D.If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract-
ing parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will
still be deemed to be the same construction pro-
ject.
E.The provisions of Section III — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.
Page 2 of 2 Insurance Services Office, Inc., 2008 CG 25 03 05 09 0
POLICY NUMBER:_ 54309886 COMMERCIAL GENERAL LIABILITY
10-02-2461 (Ed. 7-15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY INSURANCE FOR
SCHEDULED ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Additional Insured: Location Of Covered Operations:
As Per Written Contract As Per Written Contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
With respect only to the Additional Insured and at the
Location Of Covered Operations shown in the
Schedule, the following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS,
Paragraph 4. Other Insurance and supersedes any
provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
the Additional Insured with respect to the Location
Of Covered Operations shown in the Schedule
under this policy provided that:
(1)The Additional Insured is a named insured
under such other insurance; and
(2)You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to the
Additional Insured.
10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of i
with its permission.
POLICY NUMBER: 54309886
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method al-
so. Under this approach each insurer contrib-
utes equal amounts until it has paid its appli-
cable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable lim-
it of insurance to the total applicable limits of
insurance of all insurers.
5. Premium Audit
a.We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b.We may audit your books and records as they
relate to this insurance at any time during the
term of this policy and up to three years after-
wards.
c.The first Named Insured must keep records of
the information we need for premium computa-
tion. and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a.The statements in the Declarations are accu-
rate and complete:
b.Those statements are based upon representa-
tions you made to us; and
c.We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a.As if each Named Insured were the only
Named Insured; and
b.Separately to each insured against whom
claim is made or "suit" is brought.
8. Transfer Or Waiver Of Rights Of Recovery
Against Others To Us
We will waive the right of recovery we would oth-
erwise have had against another person or organ-
ization, for loss to which this insurance applies,
provided the insured has waived their rights of re-
covery against such person or organization in a
contract or agreement that is executed before
such loss.
To the extent that the insured's rights to recover
all or part of any payment made under this Cover-
age Part have not been waived, those rights are
transferred to us. The insured must do nothing af-
ter loss to impair them. At our request, the insured
will bring "suit" or transfer those rights to us and
help us enforce them.
This condition does not apply to Coverage C.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means an electronic, oral, written
or other notice, about goods, products or services,
designed for the specific purpose of attracting the
general public or a specific market segment to use
such goods, products or services.
"Advertisement" does not include any e-mail ad-
dress, Internet domain name or other electronic
address or metalanguage.
2. "Advertising injury" means injury, other than "bodi-
ly injury", "property damage" or "personal injury",
sustained by a person or organization and caused
by an offense of infringing, in that particular part of
your "advertisement" about your goods, products
or services, upon their:
a.Copyrighted "advertisement"; or
b.Registered collective mark, registered service
mark or other registered trademarked name,
slogan, symbol or title.
3. "Asbestos" means asbestos in any form, including
its presence or use in any alloy, by-product, com-
pound or other material or "waste".
4. "Auto" means:
a.A land motor vehicle, trailer or semitrailer de-
signed for travel on public roads, including any
attached machinery or equipment; or
b.Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law in the state where
it is licensed or principally garaged.
However, "auto" does not include "mobile equip-
ment".
5."Bodily injury" means physical:
a.Injury;
b.Sickness; or
c.Disease;
Page 12 of 16 Includes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 6-09)
Inc., with its permission
POLICY NUMBER: 54309885
COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.
1.EXTENDED CANCELLATION CONDITION
Paragraph A.2.b. — CANCELLATION - of the
COMMON POLICY CONDITIONS form IL 00 17 is
deleted and replaced with the following:
b. 60 days before the effective date of cancellation if
we cancel for any other reason.
2.BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is
amended to include:
1.Any legally incorporated subsidiary in which
you own more than 50% of the voting stock on
the effective date of the Coverage Form.
However, the Named Insured does not include
any subsidiary that is an "insured" under any
other automobile policy or would be an
"insured" under such a policy but for its
termination or the exhaustion of its Limit of
Insurance.
2.Any organization that is acquired or formed by
you and over which you maintain majority
ownership. However, the Named Insured
does not include any newly formed or acquired
organization:
(a)That is an "insured' under any other
automobile policy;
(b)That has exhausted its Limit of Insurance
under any other policy, or
(c)180 days or more after its acquisition or
formation by you, unless you have given
us written notice of the acquisition or
formation.
Coverage does not apply to "bodily injury" or
"property damage" that results from an "accident"
that occurred before you formed or acquired the
organization.
B. Employees as Insureds
Paragraph A.1. —WHO IS AN INSURED—of
SECTION 11— LIABILITY COVERAGE is amended to
add the following:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.
C. Lessors as Insureds
Paragraph Al. —WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1)The agreement requires you to
provide direct primary insurance for
the lessor; and
(2)The "auto" is leased without a driver.
Such leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
However, the lessor is an "insured" only
for "bodily injury" or "property damage"
resulting from the acts or omissions by:
1.You;
2.Any of your "employees" or agents;
or
3.Any person, except the lessor or
any "employee" or agent of the
lessor, operating an "auto" with the
permission of any of 1. and/or 2.
above.
D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A.1 — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
f. Any person or organization with respect to
the operation, maintenance or use of a
covered "auto", provided that you and
such person or organization have agreed
under an express provision in a written
"insured contract", written agreement or a
written permit issued to you by a
governmental or public authority to add
such person or organization to this policy
as an "insured".
However, such person or organization is
an "insured" only:
Form: 16-02-0292 (Rev. 11-16) Page 1 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
(1)with respect to the operation,
maintenance or use of a covered
"auto"; and
(2)for "bodily Injury" or 'property damage'
caused by an "accident" which takes
place after:
(a)You executed the "insured
contract" or written agreement; or
(b)The permit has been issued to
you.
3.FELLOW EMPLOYEE COVERAGE
EXCLUSION B.5. - FELLOW EMPLOYEE — of
SECTION II — LIABILITY COVERAGE does not apply.
4.PHYSICAL DAMAGE — ADDITIONAL TEMPORARY
TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. — TRANSPORTATION EXPENSES
— of SECTION III — PHYSICAL DAMAGE
COVERAGE is amended to provide a limit of $50 per
day for temporary transportation expense, subject to a
maximum limit of $1,000.
5.AUTO LOAN/LEASE GAP COVERAGE
Paragraph A. 4. — COVERAGE EXTENSIONS - of
SECTION III — PHYSICAL DAMAGE COVERAGE is
amended to add the following: 7.
c. Unpaid Loan or Lease Amounts
in the event of a total "loss" to a covered "auto", we will
pay any unpaid amount due on the loan or lease for a
covered "auto" minus:
1.The amount paid under the Physical Damage
Coverage Section of the policy; and
2.Any: 8.
a.Overdue loan/lease payments at the time of
the "loss";
b.Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage;
c.Security deposits not returned by the lessor:
d.Costs for extended warranties, Credit Life 9,
Insurance, Health, Accident or Disability
insurance purchased with the loan or lease;
and
e.Carry-over balances from previous loans or
leases.
We will pay for any unpaid amount due on the loan or
lease if caused by:
1.Other than Collision Coverage only if the
Declarations indicate that Comprehensive
Coverage is provided for any covered "auto";
2.Specified Causes of Loss Coverage only if the
Declarations indicate that Specified Causes of
Loss Coverage is provided for any covered "auto";
d. Rental Expense
We will pay the following expenses that you or
any of your "employees" are legally obligated
to pay because of a written contract or
agreement entered into for use of a rental
vehicle in the conduct of your business:
MAXIMUM WE WILL PAY FOR ANY ONE
CONTRACT OR AGREEMENT:
1.$2,500 for loss of income incurred by the
rental agency during the period of time that
vehicle is out of use because of actual
damage to, or "loss" of, that vehicle, including
income lost due to absence of that vehicle for
use as a replacement;
2.$2,500 for decrease in trade-in value of the
rental vehicle because of actual damage to
that vehicle arising out of a covered "lose; and
3.$2,500 for administrative expenses incurred
by the rental agency, as stated in the contract
or agreement.
4.$7,500 maximum total amount for paragraphs
1., 2. and 3. combined.
EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A.4. — COVERAGE EXTENSIONS — of
SECTION III — PHYSICAL DAMAGE COVERAGE
is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a
stolen covered "auto" to you.
AIRBAG COVERAGE
Paragraph 8.3.a. - EXCLUSIONS — of SECTION
III — PHYSICAL DAMAGE COVERAGE does not
apply to the accidental or unintended discharge of
an airbag. Coverage is excess over any other
collectible insurance or warranty specifically
designed to provide this coverage.
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT - BROADENED COVERAGE
Paragraph C.1.b. — LIMIT OF INSURANCE - of
SECTION III - PHYSICAL DAMAGE is deleted
and replaced with the following:
b. $2,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
(1)Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2)Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or Is an integral part of that
equipment; or
(3)An integral part of such equipment.
10. GLASS REPAIR — WAIVER OF DEDUCTIBLE
or
4.Collision Coverage only if the Declarations indicate
that Collision Coverage is provided for any
covered "auto.
G. RENTAL AGENCY EXPENSE
Paragraph A. 4. — COVERAGE EXTENSIONS — of
SECTION III — PHYSICAL DAMAGE COVERAGE
is amended to add the following:
Form: 16-02-0292 (Rev. 11-16) Page 2 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
Under Paragraph D. - DEDUCTIBLE — of
SECTION III — PHYSICAL DAMAGE COVERAGE
the following is added:
No deductible applies to glass damage if the glass
is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Paragraph D.- DEDUCTIBLE — of SECTION III —
PHYSICAL DAMAGE COVERAGE is amended to
add the following:
If this Coverage Form and any other Coverage
Form or policy issued to you by us that is not an
automobile policy or Coverage Form applies to the
same "accident', the following applies:
1.If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived; or
2.If the deductible under this Business Auto
Coverage Form is not the smaller (or smallest)
deductible, it will be reduced by the amount of
the smaller (or smallest) deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF
AN ACCIDENT, CLAN, SUIT OR LOSS of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
a. In the event of "accident", claim, 'suit" or
loss", you must promptly notify us when the
"accident" is known to:
(1)You or your authorized representative, if
you are an individual;
(2)A partner, or any authorized
representative, if you are a partnership;
(3)A member, if you are a limited liability
company; or
(4)An exeeutive officer, insurance manager,
or authorized representative, if you are an
organization other than a partnership or
limited liability company.
Knowledge of an "accident", claim, 'suit" or
loss" by other persons does not imply that the
persons listed above have such knowledge.
Notice to us should include:
(1)How, when and where the "accident" or
lose occurred;
(2)The Insured's" name and address; and
(3)To the extent possible, the names and
addresses of any injured persons or
witnesses.
13. WAIVER OF SUBROGATION
Paragraph A.5_ - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US of
SECTION IV — BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
5. We will waive the right of recovery we would
otherwise have against another person or
organization for "loss" to which this insurance
applies, provided the "insured" has waived
their rights of recovery against such person or
organization under a contract or agreement
that is entered into before such "loss".
To the extent that the "insured's" rights to
recover damages for all or part of any
payment made under this insurance has not
been waived, those rights are transferred to
us. That person or organization must do
everything necessary to secure our rights and
must do nothing after "accident' or "loss" to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us enforce them.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
Paragraph B.2. — CONCEALMENT,
MISREPRESENTATION or FRAUD of SECTION
IV — BUSINESS AUTO CONDITIONS - is deleted
and replaced with the following:
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we will
not void coverage under this Coverage Form
because of such failure.
16. AUTOS RENTED BY EMPLOYEES
Paragraph B.5, - OTHER INSURANCE of
SECTION IV — BUSINESS AUTO CONDITIONS -
is amended to add the following:
e. Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire. If an
"employee's" personal insurance also applies
on an excess basis to a covered "auto" hired
or rented by your "employee" on your behalf
and at your direction, this insurance will be
primary to the "employee's" personal
insurance.
16.HIRED AUTO — COVERAGE TERRITORY
Paragraph B.7.b.(5). - POLICY PERIOD,
COVERAGE TERRITORY of SECTION IV —
BUSINESS AUTO CONDITIONS is deleted and
replaced with the following:
(5)A covered "auto" of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 45 days or
less; and
17.RESULTANT MENTAL ANGUISH COVERAGE
Paragraph C. of - SECTION V — DEFINITIONS is
deleted and replaced by the following:
'Bodily injury' means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death as a result of the "bodily
injury" sustained by that person.
Form: 16-02-0292 (Rev. 11-16) Page 3 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
WC 99 03 04 (Ed. 7- 08)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy
unless a different date is indicated below.
(The following "attaching clause' need to be completed only when this endorsement is issued subsequent to preparation of the
policy.)
This endorsement, effective on 1/7/2021 at 12:01 A. M. standard time, forms a part of
(DATE)
Policy No. 54309887 of the Federal Insurance Company
(NAME OF INSURANCE COMPANY)
issued to PAL General Engineering, Inc.
Endorsement No.
Authorized Representative
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. The additional premium for
the blanket waiver offered by this endorsement shall be 0.00 % of total California premium.
Schedule
Person or Organization Job Description
Any Person or organizaiton for whom the
named insured has agreed by written
contract to furnish this waiver
WC 99 03 04 (Ed. 7-08)
By:
(sign here)
Abc1 Jahshan, President
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
1)Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another
jurisdiction in the State of California?
X
yes no
2)If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
PAL General Engineering Inc.
(name of Contractor)
(print name/title)
Page of pages of this Re Debarment form
4.11'
t Or Revised 6/12/18 Contract No. 6070 Page 26 of 144 Pages
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On 141afsc1=, before me, Daniel Andreu-von Euw, Notary Public, personally appeared
c( , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
dITNESS my hand and official seal.
...f.a.61.-Cat
DAKELADREL-VON E'JW
..;/..,.. Nota-y FJblic - Caiitcrnia .
.-"Ni-,:.:41-1:: San Diego Coun'zy T. Er. y Commissior. :! 2239672 —
i*wi.61,204v.vatwnfor.ww.
---- My Comm. Exp'res jim 11, 7023 (Seal)
Notary Public Signature
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
/}7 /(i.) 7 / )- L 712'
(Title or description of attached document)
(Title or description of attached document continued)
1 # of Pages Document Date--2-71.--
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
Contractors are required by law to be licensed and regulated by the Contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors'
State License Board, P.O. Box 26000, Sacramento, California 95826.
1)Have you ever had your contractor's license suspended or revoked by the California Contractors'
State License Board two or more times within an eight year period?
X
yes no
2)Has the suspension or revocation of your contractor's license ever been stayed?
X
yes no
3)Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State License Board two
or more times within an eight year period?
X
yes no
4)Has the suspension or revocation of the license of any subcontractor's that you propose to perform
any portion of the Work ever been stayed?
X
yes no
5)If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertains to, describe the nature of
the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page 1 of 2 pages of this Disclosure of Discipline form
Revised 6/12/18 Contract No. 6070 Page 27 of 144 Pages
....."'"`N
By:
(sign here)
Abd Jahshan, President
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose
discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
PAL General Engineering, Inc.
(name of Contractor)
(print name/title)
Page 2 of 2 pages of this Disclosure of Discipline form
te4,, Revised 6/12/18 Contract No. 6070 Page 28 of 144 Pages
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
The undersigned declares:
I am the President of PAL General, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder
has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on February 16, 20 21 at
San Diego [city], CA [state].
Signa e of Bidder
t 1117- Revised 6/12/18 Contract No. 6070 Page 29 of 144 Pages
Notary Public - Ca.ifornia
DA'slia ANDREU-VON CUW
Sail Diego County ' Commission 2289672 —
My CU-fn. Expires Jun ii, 2023
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
on P-2 , before me, Daniel Andreu-von Euw, Notary Public, personally appeared
A /A-) , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
vVITNESS my hand and official seal.
Notary Public Signature
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
01--(( (-Ler s S k- /
(Title or description of attached document)
(Title or description of attached document continued)
# of Pages Document Date A—) /4._
CONTRACT
PUBLIC WORKS
This agreement is made this day of , 2021, by
and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and
PAL General Engineering, Inc., a California corporation whose principal place of business is 2364
Paseo De Las Americas, STE 104-1461, San Diego, CA 92154 (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 CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
(hereinafter called "project")
2.Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3.Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors,
Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release
Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and
Specifications and General Provisions, and all proper amendments and changes made thereto in
accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of
which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents, Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City
will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said
intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4.Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of
this contract. The Engineer will close the estimate of work completed for progress payments on the
last working day of each month. The City shall withhold retention as required by Public Contract Code
Section 9203.
sir
--,- Revised 6/12/18 Contract No. 6070 Page 30 of 144 Pages
16th March
5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work,
and is aware of those conditions. The Contract price includes payment for all work that may be done
by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or other
job conditions is for Contractor's convenience only, and City does not warrant that the conditions are
as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and
has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or
other excavations that extend deeper than four feet below the surface Contractor shall promptly, and
before the following conditions are disturbed, notify City, in writing, of any:
A.Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class III disposal site in accordance with provisions of existing law.
B.Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C.Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ,
or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any scheduled
completion date provided for by the contract, but shall proceed with all work to be performed under
the contract. Contractor shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of
the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and
will comply with these requirements, including, but not limited to, verifying the eligibility for employment
of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor
Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying
payroll records, and making them available for inspection. Contractor shall require all subcontractors
to comply with Section 1776.
t Revised 6/12/18 Contract No. 6070 Page 31 of 144 Pages
9.Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration,
or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract
to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs
include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract
to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the
Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs
for the City. Defense costs include the cost of separate counsel for City, if City requests separate
counsel.
10.Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
City Council Policy # 70.
(A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a.Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis,
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 evidenced using
41P-V
tu deS Revised 6/12/18 Contract No. 6070 Page 32 of 144 Pages
separate documents attached to the certificate of insurance; one for each company affording general
liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C)Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be non renewed, suspended, voided, canceled, or reduced in coverage
or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return
receipt requested.
(D)Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City,
its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses
and related investigation, claim administration and defense expenses.
(E)Waiver of Subrogation. All policies of insurance required under this agreement shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F)Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G)Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by City Council Policy # 70.
(H)Verification of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I)Cost of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
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 included
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 reference. A copy of Article
1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204
61,-- Revised 6/12/18 Contract No. 6070 Page 33 of 144 Pages
and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A)Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B)False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C)Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D)Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E)Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F)Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G)Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
(H)Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. init init
12.Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of
the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of
business as specified above, Contractor shall so inform the City by certified letter accompanying the
return of this Contract. Contractor shall notify the City by certified mail of any change of address of
such records.
13.Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14.Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
15.Unfair Business Practices. In entering into a public works contract or a subcontract to supply
goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers
Revised 6/12/18 Contract No. 6070 Page 34 of 143 Pages
and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it
may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter
2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services, or materials pursuant to the public works contract or the
subcontract. This assignment shall be made and become effective at the time the awarding body
tenders final payment to the contractor, without further acknowledgment by the parties.
16.Provisions Required by Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein and included
herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly
inserted, then upon application of either party, the Contract shall forthwith be physically amended to
make such insertion or correction.
17.Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
PAL General Engineering; Inc.
CITY OF CARLSBP,D a municipal corporation of
the State of California
(name of Contractor) By:
Geoff Patnoe, Assistant City Manager;
as authorized by the City Manager (sign here) ATTEST:
By:
Abd Jahshan, President
(print name and title)
By:
(sign here)
Abd Jahshan, Secretary
(print name and title)
Dept _e
Barbara Engleson, City Clerk C/41
C/er,
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. EWER
City Attorney
By:
ssistant City Attorney
itS•
111 Revised 6/12/18 Contract No. 6070 Page 35 of 144 Pages
Bond No.: CMGP0000399l
Premium Included In
The Performance Bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to PAL General
Engineering, Inc., a California corporation whose principal place of business is 2364 Paseo De Las
Americas, STE 104-1461, San Diego, CA 92154 , (hereinafter designated as the "Principal"), a
Contract for:
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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, PAL General Engineering, Inc., a California corporation , as Principal,
(hereinafter designated as the "Contractor"), and Argonaut Insurance Company, C/O CMGIA, 20335
Ventura Blvd., Ste 426, Woodland Hills, CA 91364 as Surety, are held firmly bound unto the City of Carlsbad
in the sum of ONE HUNDRED FORTY SEVEN THOUSAND FIVE HUNDRED FORTY THREE Dollars
($147,543), said sum being an amount equal to: One hundred percent (100%) of the total amount
payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly
to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 9100, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100,
so as to give a right of action to those 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.
—0 Revised 6/12/18 Contract No. 6070 Page 36 of 144 Pages
CELIA A. SREWER
City Attorne
By:
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 25th day of January , 20 21
PAL General Engineering, Inc. (SEAL) Argonaut Insurance Company (SEAL)
(Principal) (Surety)
47 754Signature)
NJ —Pr cs:d
(Print Name & Title)
(Signature)
Stephanie Hope Shear, Attorney-in-Fact
(Print Name & Title)
By:
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY - ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
As stant City Attorney
71111, Revised 6/12/18 Contract No. 6070 Page 37 of 144 Pages
Joshua C. Betz , Senior Vice President STATE OF TEXAS
COUNTY OF HARRIS SS:
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May, 2017.
Argonaut Insurance Company
Bond No.: CMGP00003991 Argonaut Insurance Company Premium: $2,582.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws o I. the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady, Shilo Lee Losino. Stephanie Hope Shear. Elizabeth Santos, Stacey Garcia, Matthew Dionisio
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum o f:
S15.000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested oracicnowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contacts of suretyship, and to affix the corporate seal thereto."
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Board of Directors o I said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY Vv.-HEREOF I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
I I XATNLEEN M. MEEKS *1.. Nom,* PuWic. Sums of Texas .,.;.
-fi„..1 e*"1:47i:;Plii7;:779;2:21
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 25th day of January , 2021.
„ ..... .........
4.0 . 'wn:;?.;;;.
1948 ; z ti 601SEALII
......... James Bluzard, Vice President-Surety * .....
..........
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137.
LUCAS MAICOthi-SHANf PATTERsoN
'4giv't Puck( Cat4tornia
Los logfits i:Donty
COMM Etp.ref On 9, 2o2O
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the ineiv.dual who signed the
document to which this certificate is attached, and not the truthfulness. accuracy. or validity of that document.
State of California
County of Los Angetes
On JAN 2 5 2021 before me. Lucas tealootm-Shaee Patterson Notary Public
Date Here Insert Name and Title of the Officer
personalty appeared Stephanie Hope Shear
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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand arid official seal.
Signature --
Signature of Notary Public
"The notary commission is extended pursuant to Executive Order N-63-20 and Executive Order N-71-20"
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docu or
fraudulent reattachment of this fonn to an unintended document.
Description of Attached Document
Title or Type of Document: Docu Date'
Number of Pages: Signer(s) Other Than Named A
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
, Partner — Limited :":: Gene
-Individual Atto n Fact
-Trustee ardian or Conservator
7 Other:
Signer epresenting:
A:ex:emcee "eceveereivecececeecoceeeceer.4.....ecexxxxiceee.,e4
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Signer's Name:
Corporate Officer — Title(s):
. Partner — Limited " • General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer Is Representing.
Bond No.: CMGP00003991
Premium: $2,582.00
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to PAL General
Engineering, Inc., a California corporation, (hereinafter designated as the "Principal"), a Contract for:
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
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, PAL General Engineering, Inc., a California corporation , as Principal,
(hereinafter designated as the "Contractor"), and Argonaut Insurance Company, do CMIGA, 20335
Ventura Blvd., Ste 426, Woodland Hills, CA 91364 as Surety, are held firmly bound unto the City of Carlsbad
in the sum of ONE HUNDRED FORTY SEVEN THOUSAND FIVE HUNDRED FORTY THREE Dollars
($147,543), 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.
.4411fr
/114, Revised 6/12/18 Contract No. 6070 Page 38 of 144 Pages
(Signature) (Signature)
By:
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 25th day of January , 20 21
PAL General Engineering, Inc. (SEAL) Argonaut Insurance Company (SEAL)
(Principal) (Surety)
TNIck-s\O‘o— Stephanie Hope Shear, Attorney-in-Fact
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY - ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorn
( By:
A tant City Attorney
71141F Revised 6/12/18 Contract No. 6070 Page 39 of 144 Pages
COVID-19 PERFORMANCE BOND NOTICE RIDER
This Rider is executed concurrently with and shall be attached to and form a part of Bond
No.: CMGP00003991
WHEREAS, on or about the , day of
PAL GENERAL ENGINEERING, INC.
(hereinafter called the "Principal"), entered into a written agreement with
City of Carlsbad
(hereinafter called the "Primary Obligee") for the construction of
the Traffic Calming on Amargosa Drive, Avenida Diestro, Estrella De Mar Road,
Cadencia Street and Hillside Drive, Contract No. 6070
(hereinafter called the "Contract"); and
WHEREAS, Principal and Argonaut Insurance Company (hereinafter referred to as
"Surety") have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00003991
WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a
national epidemic or pandemic. In response, the federal, state, and local governments have issued
stay-at-home and/or emergency orders in order to protect public health.
WHEREAS, this RIDER is created, effective, and issued contemporaneously with the
term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER
and the incorporation of its interpretation of the terms and obligations of the BOND at the
beginning of its term as an inducement to its agreement of the terms and obligations of the BOND.
WHEREAS, quarantine procedures have been issued by the appropriate governmental
authorities in the interest of public health to reduce or prevent the epidemic or pandemic.
WHEREAS, as the orders and actions of the government are ever-changing, no party can
adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs
increases, labor shortages, availability of materials, or any other event hindering the performance
of any party's contractual duties caused by or related to the epidemic or pandemic are unforeseen
at the time of formation of the contract.
The SURETY's bonded obligations under the BOND are clarified by this RIDER, or to
the extent necessary, modified as follows:
in the event of any delays, cost increases, labor shortages, availability of materials,
or any other event hindering the performance of any party's contractual duties
caused by or related to any epidemic or pandemic, the SURETY agrees to cooperate
with the PRINCIPAL and the OBLIGEE to assist with the completion of the contract
COVID-19 PERFORMANCE BOND NOTICE RIDER
= _
By: '
and comply with any and all directives from federal, state, and local authorities to
maintain to the public health.
2.The BOND has been issued during an epidemic or pandemic, but the specific
impacts, delays, defaults, or damages relating to the pandemic on the performance
of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are
unforeseen at the time of formation of the BOND.
3.The SURETY agrees to assist all parties to mitigate any potential damages on the
Project. The parties' duty to mitigate has not been abridged. The SURETY will
comply with all federal, state, or local governmental guidance regarding the
performance of the contract and the protection of public health and that of their
employees.
4.If performance of the OBLIGEE's and/or the PRINCIPAL's obligations under the
contract becomes impracticable as caused by or related to the effects of any epidemic
or pandemic and/or related governmental orders, the SURETY's obligations
hereunder are likewise deemed impracticable. Impracticability is defined as the
existence of a fact or circumstance which makes the performance of the duty to be
unfeasibly difficult or expensive. The standard for unfeasibility is whether
performance is commercially unreasonable.
5.If the contracts, agreements, or other documents require notice from the
PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts
on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon
receipt of this RIDER.
Except as herein modified, the Bond shall be and remains in full force and effect.
SIGNED AND DATED THIS 25th day of January , 2021.
Argonaut Insurance Company (SURETY)
Name: Stephanie Hope Shear
Titif.: Attorney-in-Fact
COVID-19 PERFORMANCE BOND NOTICE RIDER
Joshua C. Betz, Senior Vice President STATE OF TEXAS
COUNTY OF HARRIS SS:
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 8th day of May, 2017.
Argonaut Insurance Company
Bond No.: CMGP00003991 Argonaut Insurance Company Premium: $2,582.00
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN 13Y THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Gabriella Grady. Shilo Lee Losino. Stephanie Hope Shear, Elizabeth Santos, Stacey Garcia, Matthew Dionisio
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$15.000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified,
came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution
adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Hatris, the day and year first above written.
...k1:11hU.A.rt KATHLEEN M. MEEKS P.b!ic. STA TO cat Texan VV.,71,_.fille C*erern. Expiran 97- 1 S.4051 4sr4,1;,,,7:4•s— Noi.or ID 567902-8
(Notary? Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNF.SS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 25th day of January , 2021.
James Bluzard, Vice President-Surety
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF MS DOCUMENT CALL (833) /120 - 9137.
IA notary public or other officer completing this certificate verifies only the identity of the incev dual who signed the
document to which ths certificate is attached, and not the truthfulness, accuracy. or validity of that document.
State of California
County of Los Angeles
On JAN 2 5 2021 before me. Lucas MaIcrem-Shane Patterson Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephanie Hope Shear
Name(s) of Signer(s)
WITNESS my hand and official seal
Signature
Signature of Notary Public
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
4^,e,Apt..."eu-ite-etetWx5e."...e•est•er6e-strerltrese-ere!e~.-4.W..e.e.A.6rAne.r."e^....r.te6r,tsct.-00,2t.-1`..ntWu^".-0 .r.,e4
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/thew signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
LUCAS Wit01M-SHANi PATTIRSOM
iOtill upi•c 4: alownta z tos Angeles ;Awn, z
C
.,
...°4111:::: 04,,fts. Gct pre
"The notary commission is extended pursuant to Executive Order N-63-20 and Executive Order N-71-20"
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docu or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Docu Date:
Number of Pages: Signer(s) Other Than Named A
Capacity(ies) Claimed by Signer(s)
Signer's Name:
. ; Corporate Officer — Title(s):
. Partner — 7.1 Limited _1 Gen
Individual Atto in Fact
..e; Trustee arclian or Conservator
Other:
Signer's Name:
Corporate Officer — Tale(s):
Partner _ Limited . General
' Individual Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer epresenting: Signer Is Representing.
exeiccreem mcorze-comeeme
C2014 National Notary Association • www.NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address
is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1.Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor
has the option to deposit securities with the Escrow Agent as a substitute for retention earnings
required to be withheld by the City pursuant to the Construction Contract entered into between the
City and Contractor for
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070
in the amount of dated (hereinafter referred to as
the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of
the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The market value of the securities at the time of the substitution shall be a least equal to the cash
amount then required to be withheld as retention under the terms of the contract between the City and
Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the
beneficial owner.
2.The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3.When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this
contract is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally
applicable and binding when the City pays the Escrow Agent directly.
4.The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and payment
terms shall be determined by the City, Contractor and Escrow Agent.
5.The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
taw. —1- Revised 6/12/18 Contract No. 6070 Page 40 of 143 Pages
6.Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7.The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8.Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9.The Escrow Agent shall rely on the written notifications from the City and the Contractor
pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities
and interest as set forth above.
10.The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City:
Title FINANCE DIRECTOR
For Contractor:
Name
Signature
Address 1635 Faraday Avenue, Carlsbad, CA 92008
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.
01,
—1- Revised 6/12/18 Contract No. 6070 Page 41 of 143 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
Title MAYOR
Name
Signature
Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
For Contractor:
Title
Name
Signature
Address
For Escrow Agent:
Title
Name
Signature
Address
"I- Revised 6/12/18 Contract No. 6070 Page 42 of 143 Pages
City of
Carlsbad
December 2, 2020
ADDENDUM NO. 1
RE: Cadencia Street Traffic Calming; Bid No. PWS21-1318TRAN
Please include the attached addendum in the Notice to Bidder/Request for Bids you have
for the above project.
Addendum must be acknowledged via PlanetBids or included with your electronic
response submittal.
JANEAN HAWNEY
Contract Administrator
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Abd Jahs_h) ct-z)
Bidder's Signature
Public Works
Contract Administration 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4677 t
(City of
Carlsbad
CITY OF CARLSBAD
PROPOSAL NO. PWS21-1338TRAN
TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA DIESTRO, ESTRELLA DE
MAR ROAD, CADENCIA STREET AND HILLSIDE DRIVE
ADDENDUM NO. 1
Addendum must be acknowledged via PlanetBids
or included with your electronic submittal
From: Janean Hawney, Contract Administrator
760-607-7965
janean.hawney@carlsbadca.gov
Public Works, Contract Administration
1635 Faraday Ave
Carlsbad, CA 92008
No. of Pages: 2 (including this page)
Date: December 10, 2020
Bid Opening Date: December 18, 2020 at 5 p.m. (no change)
Questions and answers:
Q1.Do you anticipate extending the bid due date?
Al. No, not at this time.
Q2.What additional details are you willing to provide, if any, beyond what is
stated in bid documents concerning how you will identify the winning bid?
A2. This is a public works project therefore we award to the lowest responsible,
responsive bidder.
"Responsible bidder" means a bidder determined by the awarding authority:
1.To have the ability, capacity, experience and skill to provide the goods, services,
professional services, and/or construction projects in accordance with bid specifications,
and if applicable;
2.To have the ability to provide the goods, services, professional services, and/or
construction projects promptly, or within the time specified, and if applicable;
1
Addendum No. 1
CCity of
Carlsbad
3.To have equipment, facilities and resources of such capacity and location to enable
the bidder to provide the required goods, services, professional services, and/or
construction projects, and if applicable;
4.To be able to provide future maintenance, repair, parts and service for the use of the
goods and/or construction projects purchased, and if applicable;
5.To have a record of satisfactory performance under prior contracts with the city or
other purchasers where such bidder has previously been awarded such contract. -34-
"Responsive bidder" means a bidder determined by the awarding authority to have
submitted a complete bid or proposal which conforms in all material respects to the
requirements of the bid, contract, or other proposal documents.
Q3. Was this bid posted to the nationwide free bid notification website at
www.mygovwatch.com/free?
A3. No.
Q4. Other than your own website, where was this bid posted?
A4. This bid was only posted on PlanetBids via our city website.
Q5. When is the anticipated construction start date for this project?
A5. We don't have a date for the start of construction, just as soon as possible.
2
Addendum No. 1
City of
Carlsbad
December 17, 2020
ADDENDUM NO. 2
RE: PWS21-1338TRAN; TRAFFIC CALMING ON AMARGOSA DRIVE, AVENIDA
DIESTRO, ESTRELLA DE MAR ROAD, CADENCIA STREET AND HILLSIDE
DRIVE
Please include the attached addendum in the Notice to Bidder/Request for Bids you have
for the above project.
Addendum must be acknowledged via PlanetBids or included with your electronic
response submittal.
Please note change in due date for the above-mentioned bid.
New time for bid opening is:
5:00 p.m. on December 18, 2020 (date remains the same)
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted.
JANEAN fiAWNEY
Contract Administrator
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
Abd Jahsh
Bidder's Siriature
Public Works
Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t
GENERAL PROVISIONS
FOR
TRAFFIC CALMING ON AMARGOSA DRIVE,
AVENIDA DIESTRO, ESTRELLA DE MAR ROAD,
CADENCIA STREET AND HILLSIDE DRIVE
CONTRACT NO. 6070-1
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS
— Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated,
considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer
to actions, expressions, and prerogatives of the Engineer.
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to mean
"as required to properly complete the work as required and as approved by the Engineer," unless
stated otherwise.
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval, acceptance,
or similar import of the Engineer is intended.
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing of
necessary labor, materials, tools, equipment, and transportation.
Revised 6/15/17 Contract No. 6070 Page 43 of 143
1-2 DEFINITIONS.
The following words, or groups of words, shall be exclusively defined by the definitions assigned to
them herein.
Addendum — Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects,
or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all
other types of written notices issued to potential bidders prior to opening of Bids.
Agency — The City of Carlsbad, California
Agreement — See Contract.
Assessment Act Contract — A Contract financed by special assessments authorized under a State
Act or procedural ordinance of a City or County.
Base — A layer of specified material of planned thickness placed immediately below the pavement or
surfacing.
Bid — The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for
the Work.
Bidder — Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the
Work, acting directly or through a duly authorized representative.
Board — The officer or body constituting the awarding authority of the Agency, which is the City Council
for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond — Bid, performance, and payment bond or other instrument of security.
City Council — the City Council of the City of Carlsbad.
City Manager — the City Manager of the City of Carlsbad or his/her approved representative.
Cash Contract — A Contract financed by means other than special assessments.
Change Order — A written order to the Contractor signed by the Agency directing an addition, deletion,
or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the
effective date of the Contract. A Change Order may or may not also be signed by the Contractor.
Code — The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Construction Manager— the Project Inspector's immediate supervisor and first level of appeal for
informal dispute resolution.
Contract — The written agreement between the Agency and the Contractor covering the Work.
t asat —1- Revised 6/15/17 Contract No 6070 Page 44 of 143
Contract Documents — Including but not limited to; the Contract, any Addendum (which pertain to
the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation
accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when
attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies,
the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard
Specifications, Reference Specifications, and all Modifications issued after the execution of the
Contract.
Contractor — The individual, partnership, corporation, joint venture, or other legal entity having a
Contract with the Agency to perform the Work. In the case of work being done under permit issued by
the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor' shall
mean Contractor.
Contract Price — The total amount of money for which the Contract is awarded.
Contract Unit Price — The amount stated in the Bid for a single unit of an item of work.
County Sealer — The Sealer of Weights and Measures of the county in which the Contract is let.
Days — Days shall mean consecutive calendar's days unless otherwise specified.
Deputy City Engineer, Construction Management & Inspection — The Construction Manager's
immediate supervisor and second level of appeal for informal dispute resolution.
Dispute Board — Persons designated by the City Manager of the City of Carlsbad or Executive
Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims
submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for
the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Electrolier— Street light assembly complete, including foundation, standard, luminaire arm, luminaire,
etc.
Engineer — The City Engineer of the City of Carlsbad or his/her approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Geotextile — Synthetic fiber used in civil engineering applications, serving the primary functions of
separation and filtration.
House Connection Sewer — A sewer, within a public street or right-of-way, proposed to connect any
parcel, lot, or part of a lot with a mainline sewer.
House Sewer — A sewer, wholly within private property, proposed to connect any building to a house
connection sewer.
Luminaire — The lamp housing including the optical and socket assemblies (and ballast if so
specified).
Luminaire Arm — The structural member, bracket, or mast arm, which, mounted on the standard,
supports the luminaire.
Minor Bid Item — A single contract item constituting less than 10 percent (10%) of the original Contract
Price bid.
Modification — Includes Change Orders and Supplemental Agreements. A Modification may only be
used after the effective date of the Contract.
— • Revised 6/15/17 Contract No. 6070 Page 45 of 143
Notice of Award — The written notice by the Agency to the successful Bidder stating that upon
compliance by it with the required conditions, the Agency will execute the Contract.
Notice to Proceed — A written notice given by the Agency to the Contractor fixing the date on which
the Contract time will start.
Own Organization - When used in Section 2-3.1 — Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and Federal
income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1
"own organization" means construction equipment that the Contractor owns or leases and uses to
accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not
part of the Contractor's Own Organization and will not be included for the purpose of compliance with
Section 2-3.1.
Person — Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal
entity.
Plans — The drawings, profiles, cross sections, working drawings, and supplemental drawings, or
reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or
details of the Work.
Private Contract — Work subject to Agency inspection, control, and approval, involving private funds,
not administered by the Agency.
Project Inspector — The Engineer's designated representative for inspection, contract administration
and first level for informal dispute resolution.
Proposal — See Bid.
Reference Specifications — Those bulletins, standards, rules, methods of analysis or test, codes,
and specifications of other agencies, engineering societies, or industrial associations referred to in the
Contract Documents. These refer to the latest edition, including amendments in effect and published
at the time of advertising the project or issuing the permit, unless specifically referred to by edition,
volume, or date.
Roadway — The portion of a street reserved for vehicular use.
Service Connection — Service connections are all or any portion of the conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer.
Sewer — Any conduit intended for the reception and transfer of sewage and fluid industrial waste.
Specifications — General Provisions, Standard Specifications, Technical Specifications, Reference
Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the
Contractor and the Board.
Standard — The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms,
etc.
Standard Plans — Details of standard structures, devices, or instructions referred to on the Plans or
in Specifications by title or number.
Standard Specifications — The Standard Specifications for Public Works Construction (SSPWC), the
"Greenbook".
taw. —1- Revised 6/15/17 Contract No. 6070 Page 46 of 143
State — State of California.
Storm Drain — Any conduit and appurtenances intended for the reception and transfer of storm water.
Street — Any road, highway, parkway, freeway, alley, walk, or way.
Subbase — A layer of specified material of planned thickness between a base and the subgrade.
Subcontractor—An individual, firm, or corporation having a direct contract with the Contractor or with
any other Subcontractor for the performance of a part of the Work.
Subgrade — For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase,
or a layer of other material is placed. For structures, the soil prepared to support a structure.
Supervision — Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, specifically imposed upon and granted to the
Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the
Agency shall not mean active and direct superintendence of details of the Work.
Supplemental Agreement— A written amendment of the Contract Documents signed by both parties.
Supplemental Provisions — Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
Surety — Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.
Tonne — Also referred to as "metric ton". Represents a unit of measure in the International System of
Units equal to 1,000 kilograms.
Utility — Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or
storm drains owned, operated, or maintained in or across a public right of way or private easement.
Work — That which is proposed to be constructed or done under the Contract or permit, including the
furnishing of all labor, materials, equipment, and services.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these
Standard Specifications and to project Plans or other Contract Documents.
All abbreviations and symbols used on Plans for structural steel construction shall conform to those
given by the "Manual of Steel Construction" published by the American Institute of Steel Construction,
Inc.
1-3.2 Common Usage
Abbreviation Word or Words
ABAN Abandon ACWS Asphalt concrete wearing surface
ABAND Abandoned ALT Alternate
ABS Acrylonitrile — butadiene — styrene APTS Apartment and Apartments
AC Asphalt Concrete AMER STD American Standard
ACP Asbestos cement pipe
t al- Revised 6/15/17 Contract
AWG
No. 6070
American Wire Gage (nonferrous wire)
Page 47 of 143
BC Beginning of curve
BCR Beginning of curb return
BDRY Boundary
BF Bottom of footing
BLDG Building and Buildings
BM Bench mark
BVC Beginning of vertical curve
B/W Back of wall
C/C Center to center
CAB Crushed aggregate base
CAL/OSHA California Occupational Safety and
Health Administration
CalTrans California Department of Transportation
CAP Corrugated aluminum pipe
CB Catch Basin
Cb Curb
CBP Catch Basin Connection Pipe
CBR California Bearing Ratio
CCR California Code of Regulations
CCTV Closed Circuit TV
CES Carlsbad Engineering Standards
CF Curb face
CF Cubic foot
C&G Curb and gutter
CFR Code of Federal Regulations
CFS Cubic Feet per Second
CIP Cast iron pipe
CIPP Cast-in place pipe
CL Clearance, center line
CLF Chain link fence
CMB Crushed miscellaneous base
CMC Cement mortar-coated
CML Cement mortar-lined
CMWD Carlsbad Municipal Water District
CO Cleanout (Sewer)
COL Column
COMM Commercial
CONC Concrete
CONN Connection
CONST Construct, Construction
COORD Coordinate
CSP Corrugated steel pipe
CSD Carlsbad Standard Drawings
CTB Cement treated base
CV Check. valve
CY Cubic yard
Load of pipe
dB Decibels
DBL Double
DF Douglas fir
DIA Diameter
DIP Ductile iron pipe
DL Dead load
DR Dimension Ratio
DT Drain Tile
DWG Drawing
DWY Driveway
DWY APPR Driveway approach
Electric
EA Each
EC End of curve
ECR End of curb return
EF Each face
EG Edge of gutter
EGL Energy grade line
El Elevation
ELC Electrolier lighting conduit
ELT Extra long ton
ENGR Engineer, Engineering
EP Edge of pavement
ESMT Easement
FIB Emulsion-treated base
EVC End of vertical curb
EWA Encina Wastewater Authority
EXC Excavation
EXP JT Expansion joint
EXST Existing
Fahrenheit
F&C Frame and cover
F&I Furnish and install
FAB Fabricate
FAS Flashing arrow sign
FD Floor drain
FDN Foundation
FED SPEC Federal Specification
FG Finished grade
FH Fire hydrant
FL Flow line
FS Finished surface
FT-LB Foot-pound
FTG Footing
FW Face of wall
Gas
GA Gauge
GAL Gallon and Gallons
GALV Galvanized
GAR Garage and Garages
GIP Galvanized iron pipe
GL Ground line or grade line
GM Gas meter
GNV Ground Not Visible
GP Guy pole
GPM gallons per minute
OR Grade
GRTG Grating
GSP Galvanized steel pipe
High or height
HB Hose bib
HC House connection
HDWL Headwall
HGL Hydraulic grade line
HORIZ Horizontal
HP Horsepower
HPG High pressure gas
HPS High pressure sodium (Light)
HYDR Hydraulic
IE Invert Elevation
ID Inside diameter
INCL Including
INSP Inspection
INV Invert
IP Iron pipe
JC Junction chamber
JCT Junction
fa4: Revised 6/15/17 Contract No 6070 Page 48 of 143
JS Junction structure
JT Joint
Length
LAB Laboratory
LAT Lateral
LB Pound
LD Local depression
LF Linear foot
LH Lamp hole
LL Live load
LOL Layout line
LONG Longitudinal
LP Lamp post
LPS Low pressure sodium (Light)
LS Lump sum
LTS Lime treated soil
LWD Leucadia Wastewater District
MAI NT Maintenance
MAX Maximum
MCR Middle of curb return
MEAS Measure
M H Manhole, maintenance hole
MIL SPEC Military specification
MISC Miscellaneous
MOD Modified, modify
MON Monument
MSL.. Mean Sea Level (Reg. Standard Drawing M-12)
MTBM Microtunneling Boring Machine
MULT Multiple
MUTCD Manual on Uniform Traffic Control Devices
MVL Mercury vapor light
NCTD North County Transit District
NRCP Nonreinforced concrete pipe
OBS Obsolete
OC On center
OD Outside diameter
OE Outer edge
OHE Overhead Electric
OMVVD 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
PI Point of intersection
PL Property line
PMB Processed miscellaneous base
POC Point on curve
POT Point on tangent
PP Power pole
PRC Point of reverse curve
PRVC Point of reverse vertical curve
PSI Pounds per square inch
PT Point of tangency
PVC Polyvinyl chloride
PVMT Pavement
PVT RNV Private right-of-way
Rate of flow in cubic feet per second
QUAD Quadrangle, Quadrant
Radius
R&O Rock and oil
RNV 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
Sewer or Slope, as applicable
SCCP Steel cylinder concrete pipe
SD Storm drain
SDNR San Diego Northern Railway
SDR Standard thermoplastic pipe dimension ratio
(ratio of pipe O.D. to minimum wall thickness)
SDRSD San Diego Regional Standard Drawings
SE Sand Equivalent
SEC Section
SF Square foot
SFM Sewer Force Main
SI International System of Units (Metric)
SPEC Specifications
SPPWC Standard Plans for
Public Works Construction
SSPWC Standard Specifications for
Public Works Construction
ST HVVY State highway
STA Station
STD Standard
STR Straight
STR GR Straight grade
STRUC Structural/Structure
SW Sidewalk
SWD Sidewalk drain
SY Square yard
Telephone
TAN Tangent
TC Top of curb
TEL Telephone
TF Top of footing
TOPO Topography
TR Tract
TRANS Transition
TS Traffic signal or transition structure
TSC Traffic signal conduit
TSS Traffic signal standard
TW Top of wall
TYP Typical
UE Underground Electric
USA Underground Service Alert
VAR Varies, Variable
VB Valve box
VC Vertical curve
VCP Vitrified clay pipe
VERT Vertical
VOL Volume
\NVD Vallecitos Water District
ink
—1- Revised 6/15/17 Contract No. 6070 Page 49 of 143
Water, Wider or Width, as applicable
WATCH Work Area Traffic Control Handbook
VVI Wrought iron
VVM Water meter
1-3.3 Institutions.
Abbreviation
WPJ Weakened plane joint
XCONN Cross connection
XSEC Cross section
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.
Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a
more extensive set of conversion factors.
1-4.2 Units of Measure and Their Abbreviations.
U.S. Customary Unit (Equal To) SI Unit
(Abbreviations) (Abbreviations)
1 mil (=0.001 in) 25.4 micrometer (1..tm)
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)
te4: Revised 6/15/17 Contract No. 6070 Page 50 of 143
0.4536 kilogram (kg)
0.02835 kilogram (kg)
0.9072 Tonne (= 907 kg)
0.1 pascal • second (Pa • s)
1 square millimeters per
second (mm2/s)
4.4482 Newton (N)
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)
1.3558 Watt (W)
1 milligram/liter (mg/L)
Temperature Units and Abbreviations
Degree Fahrenheit (°F): Degree Celsius (°C):
°F=(1.8 x°C)+ 32 °C = (°F — 32)/1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (Im)
1 second (s)
Common Metric Prefixes
kilo (k)
centi (c)
milli (m)
micro (µ)
nano (n)
pico (p)
103
10-2
10-3
10-6
10-9
10-12
1-5 SYMBOLS
•Delta, the central angle or angle between tangents
•Angle
•Percent
Feet or minutes
•Inches or seconds 1 Number
per or (between words)
•Degree
PL Property line
CL Centerline
SL Survey line or station line
tos, Revised 6/15/17 Contract No. 6070 Page 51 of 143
1 pound mass (lb) (avoirdupois)
1 ounce mass (oz)
1 Ton (=2000 lb avoirdupois)
1 Poise
1 centistoke (Cs)
1 pound force (lbf)
1 pounds per square inch (psi)
1 foot-pound force per second ([ft-lbf]/s)
1 part per million (ppm)
SECTION 2 - SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT.
Award and execution of Contract will be as provided for in the Specifications, Instruction to
Bidders, or Notice Inviting Bids.
2-2 ASSIGNMENT.
No Contract or portion thereof may be assigned without consent of the Board, except that the
Contractor may assign money due or which will accrue to it under the Contract. If given written
notice, such assignment will be recognized by the Board to the extent permitted by law. Any
assignment of money shall be subject to all proper withholdings in favor of the Agency and to all
deductions provided for in the Contract. All money withheld, whether assigned or not, shall be
subject to being used by the Agency for completion of the Work, should the Contractor be in
default.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including
Sections 4100 through 4113. The following excerpts or summaries of some of the requirements
of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
"(a)The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvements, or a subcontractor licensed by the State
of California who, under subcontract to the prime contractor, specially fabricates
and installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications, in an amount in excess of one-half of 1
percent of the prime contractor's total bid, or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1
percent of the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater."
"(b)The portion of the work which will be done by each such subcontractor under
this act. The prime contractor shall list only one subcontractor for each such portion
as is defined by the prime contractor in his bid."
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the
same portion of the work to be performed under the Contract (in excess of one-half of 1 percent
of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and
shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
procedures established in Section 4107.5. This section provides procedures to correct a clerical
error in the listing of a Subcontractor.
fas
410St,
Revised 6/15/17 Contract No. 6070 Page 52 of 143
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the
Contract and the Board may exercise the option either to cancel the Contract or assess the
Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after
a public hearing.
Should the Contractor fail to adhere to the provisions requiring the Contractor to complete
60 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 60 percent of the contract price by other than the Contractor's own
organization. The Board shall be the sole body for determination of a violation of these provisions.
In any proceedings under this section, the prime contractor shall be entitled to a public hearing
before the Board and shall be notified ten (10) days in advance of the time and location of said
hearing. The determination of the City Council shall be final.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment
of the Contract and shall keep the Work under its control.
The Contractor shall perform, with its own organization, Contract work amounting to at least
50 percent of the Contract Price except that any designated "Specialty Items" may be performed
by subcontract, and the amount of any such "Specialty Items" so performed may be deducted
from the Contract Price before computing the amount required to be performed by the Contractor
with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal.
Where an entire item is subcontracted, the value of work subcontracted will be based on the
Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted
will be based on the estimated percentage of the Contract Unit Price. This will be determined from
information submitted by the Contractor, and subject to approval by the Engineer.
Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for
approval a written statement showing the work to be subcontracted giving the name and business
of each Subcontractor and description and value of each portion of the work to be so
subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the
Contractor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS.
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved
by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is
authorized to issue bonds in California, and whose bonding limitation shown in said circular is
sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved
unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied
by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay
all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and
Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not
less than one hundred percent of the total amount payable by the terms of this contract.
—I- Revised 6/15/17 Contract No. 6070 Page 53 of 143
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.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
30 days after recordation of the Notice of Completion and will remain in full force and effect for
the one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six
months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to contain the following documents:
1)An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2)A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined
in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement
may be verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after
receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor
to that effect. No further payments shall be deemed due or will be made under the contract until
a new Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release
the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived
by the Surety.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and
Specifications, to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, project technical specifications,
Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening
as published by the "Greenbook" Committee of Public Works Standards, Inc hereinafter
designated "SSPWC", as amended.
The construction plans consist of one (1) sets. The first set is designated as City of Carlsbad
Drawing Project No. 6070-1 and consists of ten (10) sheets. The standard drawings used for this
project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter
designated SDRSD, as issued by the San Diego County Department of Public Works, together
with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad
1%4, Revised 6/15/17 Contract No 6070 Page 54 of 143
Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District,
hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard
drawings are enclosed as an appendix to these General Provisions.
The Plans, Specifications, and other Contract Documents shall govern the Work
The Contract Documents are intended to be complementary and cooperative. Anything
specified in the Specifications and not shown on the Plans, or shown on the Plans and
not specified in the Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary
to adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work site prior to submitting the Bid. Existing
improvements visible at the Work site, for which no specific disposition is made on the Plans, but
which interfere with the completion of the Work, shall be removed and disposed of by the
Contractor.
The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents.
If there is a conflict between Contract Documents, the document highest in precedence shall
control. The precedence shall be the most recent edition of the following documents listed in
order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Change orders, whichever occurs last.
3) Contract addenda, whichever occurs last.
4) Contract
5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions.
6) Plans.
7) Standards plans.
a)City of Carlsbad Standard Drawings.
b)Carlsbad Municipal Water District Standard Drawings.
c)City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d)San Diego Area Regional Standard Drawings.
e)Traffic Signal Design Guidelines and Standards.
f)State of California Department of Transportation Standard Plans.
g)State of California Department of Transportation Standard Specifications.
h)California Manual on Uniform Traffic Control Devices (CA MUTCD).
8) Standard Specifications for Public Works Construction, as amended.
9) Reference Specifications.
10) Manufacturer's Installation Recommendations
Detail drawings shall take precedence over general drawings.
to' Revised 6/15/17 Contract No. 6070 Page 55 of 143
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications
will take precedence over items 2) through 9) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in
2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested
by the Engineer.
Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are
required by performed, before the required submittals have been reviewed and accepted by the
Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor
from responsibility for errors, omissions, or deviations from the Contract Documents, unless such
deviations were specifically called to the attention of the Engineer in the letter of transmittal. The
Contractor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number
of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C'
would indicate the third instance that the fourth submittal had been given to the Engineer). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and
submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead.
The Letter of Transmittal shall contain the following:
1)Project title and Agency contract number.
2)Number of complete sets.
3)Contractor's certification statement.
4)Specification section number(s) pertaining to material submitted for review.
5)Submittal number (Submittal numbers shall be consecutive including subsequent submittals
for the same materials.)
6)Description of the contents of the submittal.
7)Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are
in conformance with the requirements of the Contract Documents. The Contractor shall subscribe
to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Revised 6/15/17 Contract No. 6070 Page 56 of 143
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 Section Title Subject
Number
1 7-10.4.1 Safety Orders Trench Shoring
2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe
4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel
10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings
12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations
14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation
Facilities
16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Si.nal Construction
Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a
Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or
assembled products proposed to be incorporated into the Work. Shop drawings required shall be
as specified in the Special Provisions.
2-6.3.4 Supporting Information. Supporting information is information required by the
Specifications for the purposes of administration of the Contract, analysis for verification of
conformance with the Specifications, the operation and maintenance of a manufactured product
or system to be constructed as part of the Work, and other information as may be required by the
Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the
start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer.
Supporting information for systems shall be bound together and include all manufactured items
for the system. If resubmittal is not required, three copies will be returned to the Contractor.
Supporting information shall consist of the following and is required unless otherwise specified in
the Special Provisions:
1)List of Subcontractors per 2-3.2.
2)List of Materials per 4-1.4.
3)Certifications per 4-1.5.
el- Revised 6/15/17 Contract No. 6070 Page 57 of 143
4)Construction Schedule per 6-1.
5)Confined Space Entry Program per 7-10.4.4.
6)Concrete mix designs per 201-1.1.
7)Asphalt concrete mix designs per 203-6.1.
8)Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical
bulletins, specifications, diagrams, product samples, and other information necessary to
describe a system, product or item. This information is required for irrigation systems,
street lighting systems, and traffic signals, and may also be required for any product,
manufactured item, or system.
2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-
built" record set of blue-line prints, which shall be corrected in red daily and show every change
from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of
equipment, underground piping, valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer within ten (10)
days of completion of the work. Payment for performing the work required by Section 2-5.4 shall
be included in the various bid items and no additional payment will be made therefore.
2-6 WORK TO BE DONE.
The Contractor shall perform all work necessary to complete the Contract in a satisfactory
manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools,
labor, and incidentals necessary to complete the Work.
2-7 SUBSURFACE DATA.
All soil and test hole data, water table elevations, and soil analyses shown on the drawings or
included in the Specifications apply only at the location of the test holes and to the depths
indicated. Soil test reports for test holes which have been drilled are available for inspection at
the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the
Contractor at their own expense.
The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor's responsibility to determine and allow for the elevation of
groundwater at the date of project construction. A difference in elevation between groundwater
shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work.
2-8 RIGHT-OF-WAY.
Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless
otherwise provided, the Contractor shall make arrangements, pay for, and assume all
responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily
required. The Contractor shall indemnify and hold the Agency harmless from all claims for
damages caused by such actions.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey
monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in
writing, with the Contractor that protecting an existing monument in place is impractical, the
Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to
practice land surveying within the State of California, hereinafter Surveyor, to establish the
location of the monument before it is disturbed. The Contractor shall have the monument replaced
by the Surveyor no later than thirty (30) days after construction at the site of the replacement is
completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of
the California Business and Professions Code.
411fr
tel: Revised 6/15/17 Contract No. 6070 Page 58 of 143
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor,
hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
services as required herein and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets
to the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps,
affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to
determine the location of the monuments set. The field notes and calculations will be labeled with
name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or
calculations. They shall be annotated with the date of observation or calculation, be numbered
with consecutive page numbers and shall be readable without resort to any electronic aid,
computer program or documentation for any computer program. The field notes shall be prepared
in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of
Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of
California Business and Professions Code when the Surveyor performs any sun/eying that such
map is required under §§ 8762 of the State of California Business and Professions Code and
whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS
drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron
pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property
corners and street centerlines are permanent survey monuments. The Record of Survey shall
show all monuments set, control monuments used, the basis of bearings and all other data
needed to determine the procedure of survey and the degree of accuracy attained by the field
surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location
of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer's review and approval before submittal to the
County Surveyor and before submittal to the County Recorder.
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal
locations where the curb is not being built as a part of this contract. Staking and marking shall be
completed by the Surveyor and inspected and approved by the Engineer before the start of
construction in the area marked. Centerline monument shall have the disk stamped with the date
the monument was set and the registration number of the Surveyor. Habitat mitigation sites and
other areas to be preserved that are shown on the plans shall be staked and flagged prior to the
start of any other activities within the limits of the work. When curb and gutter does not exist and
is not being installed as a part of the project the location of adjacent facilities being constructed
as a part of the contract the Contractor shall place stakes defining the horizontal and vertical
location of such adjacent utility vaults, poles or other facilities that are being installed as parts of,
or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed
tel: Revised 6/15/17 Contract No. 6070 Page 59 of 143
by others.
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked Stake
Description
0
. Centerline or Parallel to Centerline
Spacing@, 6
Lateral
Spacing CD, <1111
Setting Tolerance
(Within)
Street Centerline SDRS M-10
Monument
£1000', Street Intersections, Begin and end of
curves, only when shown on the plans
on street
centerline
0.02'
Horizontal, also see
Section 2-9.2.1 herein
Clearing Lath in soil,
painted line
on PCC & AC
surfaces
lath - Intervisible, £ 50' on tangents
& < 25' on curves, Painted line - continuous
at clearing line 1' Horizontal
Slope RP + Marker
Stake
Intervisible and £ 50' Grade Breaks
& £ 25'
0.1' Vertical &
Horizontal
Fence RP + Marker
Stake
£ 200' on tangents, 5 50' on curves when
R³ 1000' & 25' on curves when R£ 1000'
N/A
( constant
offset)
0.1' Horizontal
Rough Grade Cuts
or Fills ³ 10 m
(33')
RP + Marker
Stake
£ 50' N/A 0.1' Vertical &
Horizontal
Final Grade
(includes top of:
Basement soil,
subbase and
base)
RP + Marker
Stake, Blue-
top in grading
area
£ 50' on tangents & curves when R³ 1000' &
_£ 25' on curves when R £ 1000'
£ 22' 3/8" Horizontal & 1/4"
Vertical
Asphalt Pavement
Finish Course
RP, paint on
previous
course
£ 25' or as per the intersection grid points
shown on the plan whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
3/8" Horizontal & 1/4"
Vertical
Drainage
Structures, Pipes
& similar
Facilities®, ®
RP + Marker
Stake
intervisible & < 25', beginning and end, BC &
EC of facilities, Grade breaks, Alignment
breaks, Junctions, Inlets & similar facilities,
Risers & similar facilities (except plumbing),
Skewed cut-off lines
as appropriate 3/8" Horizontal & 1/4"
Vertical
Curb RP + Marker
Stake
£ 25', BC & EC, at 'AA, 1/2A & %A on curb
returns & at beginning & end
( constant
offset)
3/8" Horizontal & 1/4"
Vertical
Traffic Signal 0
Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
Signal Poles &
Controller 0
RP + Marker
Stake
at each pole & controller location as appropriate 3/8" Horizontal & 1/4''
Vertical
Junction Box 0 RP + Marker
Stake
at each junction box location as appropriate 3/8" Horizontal & 1/4''
Vertical
Conduit 0 RP + Marker
Stake
£ 50' on tangents & curves when R³ 1000' &
£ 25' on curves when R £ 1000' or where
grade £ 0.30%
as appropriate 3/8" Horizontal & when
depth cannot be
measured from existing
pavement 1/4" Vertical
Minor Structure 0 RP + Marker
Stake + Line
Stake
for catch basins: at centerline of box, ends of
box & wings & at each end of the local
depression 0
as appropriate 3/8" Horizontal & 1/4"
Vertical (when vertical
data needed)
Abutment Fill RP + Marker
Stake + Line
Stake
< 50' & along end slopes & conic transitions as appropriate 0.1' Vertical &
Horizontal
4P.
tel: Revised 6/15/17 Contract No. 6070 Page 60 of 143
Feature Staked Stake
Description
0
Centerline or Parallel to Centerline
Spacing®, 0
Lateral
Spacing 0, 0
Setting Tolerance.
(Within)
Wall 0 RP + Marker
Stake + Line
Point +Guard
Stake
£ 50' and at beginning & end of: each wall, BC
& EC, layout line angle points, changes in
footing dimensions Vor elevation & wall
height
as appropriate 1/4" Horizontal & 1/.4''
Vertical
Major Structure 0
Footings, Bents,
Abutments &
Wingwalls
RP + Marker
Stake + Line
Point +Guard
Stake
10' to 33' as required by the Engineer, BC &
EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8" Horizontal & 1/4"
Vertical
Superstructures RP 10' to 33' sufficient to use string lines, BC &
EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8" Horizontal & 1/4"
Vertical
Miscellaneous 0
Contour Grading
0
RP + Marker
Stake
£ 50' along contour
line
0.1' Vertical &
Horizontal
Utilities 0, 0 RP + Marker
Stake
.< 50' on tangents & curves when R³ 1000' &
£ 25' on curves when R £ 1000' or where
grade £ 0.30%
as appropriate 3/8" Horizontal & 1/4"
Vertical
Channels, Dikes
& Ditches 0
RP + Marker
Stake
intervisible & £ 100', BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities
as appropriate 0.1' Horizontal &1/4"
Vertical
Signs 0 RP + Marker
Stake + Line
Point +Guard
Stake
At sign location Line point 0.1' Vertical &
Horizontal
Subsurface
Drains ®
RP + Marker
Stake
intervisible & £ 50', BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities, Risers & similar
facilities
as appropriate 0.1' Horizontal & 1/4"
Vertical
Overside Drains
0
RP + Marker
Stake
longitudinal location- At beginning &
end
0.1' Horizontal & 1/4"
Vertical
Markers 0 RP + Marker
Stake
for asphalt street surfacing s 50' on tangents
& curves when R=-2 1000' & s 25' on curves
when R £ 1000'.
At marker
location(s)
1/4" Horizontal
Railings &
Barriers ®,
RP + Marker
Stake
At beginning & end and s 50' on tangents &
curves when R ³ 1000' & s 25' on curves
when R s 1000'
at railing &
barrier
location(s)
3/8" Horizontal &
Vertical
AC Dikes 0 RP + Marker
Stake
At beginning & end as appropriate 0.1' Horizontal &
Vertical
Box Culverts
10' to 33' as required by the Engineer, BC &
EC, transition points & at beginning & end.
Elevation points on footings & at invert
as appropriate 3/8" Horizontal &1/4"
Vertical
Pavement
Markers®
RP 200' on tangents, 50' on curves when
R ³ 1000' & 25' on curves when R •L-: 1000'.
For PCC surfaced streets lane cold joints will
suffice
at pavement
marker
location(s)
1/4" Horizontal
0 Staking for feature may be omitted when adjacent marker stakes reference the offset and
elevation of those features and the accuracy requirements of the RP meet the requirements for
the feature
Reference points shall be sufficiently durable and set securely enough to survive with
accuracy intact throughout the installation & inspection of the features or adjacent facilities for
which they provide control. RP means reference point for the purposes of this table
0 Perpendicular to centerline.
0 Some features are not necessarily parallel to centerline but are referenced thereto
0 Multi-plane surfaced features shall be staked so as to provide line & grade information for each
plane of the feature
0 ³ means greater than, or equal to, the number following the symbol. £ means less than, or
equal to, the number following the symbol.
ti —r- Revised 6/15/17 Contract No. 6070 Page 61 of 143
0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their
invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the
Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake Description Color*
Horizontal Control Coordinated control points, control lines, control reference points, centerline,
alignments, etc.
White/Red
Vertical Control Bench marks .
White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final
grade, etc.
Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White
Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
drains, slope protection, curbs, gutters, etc.
Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow
Miscellaneous Signs, railings, barriers, lighting, etc. Orange
* Flagging and marking cards, if used.
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of 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
compensation for attendant survey work and no additional payment will be made. Payment for
the replacement of disturbed monuments and the filing of records of survey and/or corner records,
including filing fees, shall be incidental to the work necessitating the disturbance of said
monuments and no additional payment will be made.
2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the
quality and practice required by the Engineer.
2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the
Plans.
Three consecutive points set on the same slope shall be used together so that any variation from
a straight grade can be detected. Any such variation shall be reported to the Engineer. In the
absence of such report, the Contractor shall be responsible for any error in the grade of the
finished work.
Grades for underground conduits will be set at the surface of the ground. The Contractor shall
transfer them to the bottom of the trench.
2-10 AUTHORITY OF BOARD AND ENGINEER.
The Board has the final authority in all matters affecting the Work. Within the scope of the
Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications.
The Contractor shall promptly comply with instructions from the Engineer or an authorized
representative.
—1- Revised 6/15/17 Contract No. 6070 Page 62 of 143
The decision of the Engineer is final and binding on all questions relating to: quantities;
acceptability of material, equipment, or work; execution, progress or sequence of work; and
interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor's or subcontractor's possession pertaining to the work that the
Engineer may request.
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and
interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time
during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination, all
of its, and all subcontractors to this contract, records with respect to all matters covered by this
Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts
from such data and records, and to make audits of all invoices, materials, payrolls, records of
personnel, and other data relating to all matters covered by this Contract. However, any such
activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's
ongoing business operations. Contractor and all subcontractors to this contract shall maintain
such data and records for as long as may be required by applicable laws and regulations.
2-11 INSPECTION.
The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the
Engineer before noon of the working day before inspection is required. Work shall be done only
in the presence of the Engineer, unless otherwise authorized. Any work done without proper
inspection will be subject to rejection. The Engineer and any authorized representatives shall at
all times have access to the Work during its construction at shops and yards as well as the project
site. The Contractor shall provide every reasonable facility for ascertaining that the materials and
workmanship are in accordance with these specifications. Inspection of the Work shall not relieve
the Contractor of the obligation to fulfill all conditions of the Contract.
SECTION 3 - CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor,
which do not materially affect the Work and which are not detrimental to the Work or to the
interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as
granting a right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they
shall be made at a reduction in cost or no additional cost to the Agency.
fol: Revised 6/15/17 Contract No. 6070 Page 63 of 143
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or
quantity of work provided the total arithmetic dollar value of all such changes, both additive and
deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to
exceed this limitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method
of payment, any adjustment in contract time of completion, and when negotiated prices are
involved, shall provide for the Contractor's signature indicating acceptance.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract
Unit Price, and such change does not involve substantial change in character of the work from
that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract
Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in
conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less,
payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies
from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-
2.2.3 as appropriate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does
involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price and constructed in conformance with the Plans and
Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in
excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the
Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the
Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of
payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by
the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price, and constructed in conformance with the Plans and
Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be
made unless so requested in writing by the Contractor. If the Contractor so requests, payment
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the
Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per
Section 3-3; however, in no case will payment be less than would be made for the actual quantity
at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the
Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in
the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor.
1% es Revised 6/15/17 Contract No. 6070 Page 64 of 143
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 can not be reached, the Engineer may direct the Contractor
to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise
specified in Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values
for all lump sum bid items that shall be used for the purpose of progress payments. The prices
shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made
to the Contractor for its actual costs incurred in connection with the eliminated item prior to
notification in writing from the Engineer so stating its elimination. If material conforming to the
Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the
date of notification of elimination by the Engineer, and if the order for that material cannot be
canceled, payment will be made to the Contractor for the actual cost of the material. In this case,
the material shall become the property of the Agency. Payment will be made to the Contractor for
its actual costs for any further handling. If the material is returnable, the material shall be returned
and payment will be made to the Contractor for the actual cost of charges made by the supplier
for returning the material and for handling by the Contractor. Actual costs, as used herein, shall
be computed on the basis of Extra Work per Section 3-3.
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer
determines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay
for the extra work based on the accumulation of costs as provided herein.
3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra
work at the time the extra work is done, plus employer payments of payroll taxes, workers
compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship
funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments
or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted
unless the Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are not included in the
invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their
assigned work and only that applicable to extra work will be paid.
Non-direct labor costs, including superintendence, shall be considered part of the markup of
Section 3-3.2.3 (a).
Revised 6/15/17 Contract No 6070 Page 65 of 143
(b)Materials. The cost of materials reported shall be at invoice or lowest current price at which
such materials are locally available and delivered to the job site in the quantities involved, plus
sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary for the progress of the Work. No markup shall be applied to any
material provided by the Agency.
(c)Tool and Equipment Rental. No payment will be made for the use of tools which have a
replacement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental
and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates"
published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-
of-way delay factors therein shall be used as multipliers of the rental rates for determining the
value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates
published therein are not a part of this contract.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all
incidentals. Necessary loading and transportation costs for equipment used on the extra work
shall be included.
If equipment is used intermittently and, when not in use, could be returned to its rental source at
less expense to the Agency than holding it at the Work site, it shall be returned, unless the
Contractor elects to keep it at the Work site, at no expense to the Agency.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the
purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be
used to classify equipment and it shall be powered by a unit of at least the minimum rating
recommended by the manufacturer.
The reported rental time for equipment already at the Work site shall be the duration of its use on
the extra work. This time begins when equipment is first put into actual operation on the extra
work, plus the time required to move it from its previous site and back, or to a closer site.
(d)Other Items. The Agency may authorize other items which may be required on the extra
work, including labor, services, material, and equipment. These items must be different in their
nature from those required for the Work, and be of a type not ordinarily available from the
Contractor or Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
(e)Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be
submitted with the request for payment. If the request for payment is not substantiated by invoices
or other documentation, the Agency may establish the cost of the item involved at the lowest price
which was current at the time of the report.
3-3.2.3 Markup.
tool Revised 6/15/17 Contract No. 6070 Page 66 of 143
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
1)Labor 20
2)Materials 15
3)Equipment Rental 15
4)Other Items and Expenditures.. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in excess of
$5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon,
the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that
day, and other services and expenditures when authorized. Payment for extra work will not be
made until such time that the Contractor submits completed daily reports and all supporting
documents to the Engineer. Failure to submit the daily report by the close of the next working day
may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it
shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes
shall be entered by each party to explain points which cannot be resolved immediately. Each party
shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted
through the Contractor.
The report shall:
1.Show names of workers, classifications, and hours worked.
2.Describe and list quantities of materials used.
3.Show type of equipment, size, identification number, and hours of operation, including
loading and transportation, if applicable.
4.Describe other services and expenditures in such detail as the Agency may require.
3-4 CHANGED CONDITIONS.
The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter
called changed conditions), in writing, upon their discovery and before they are disturbed:
1.Subsurface or latent physical conditions differing materially from those represented in the
Contract;
2.Unknown physical conditions of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character being
performed; and
3.Material differing from that represented in the Contract which the Contractor believes may
be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is
i140 Revised 6/15/17 Contract No. 6070 Page 67 of 143
required to be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
The Engineer will promptly investigate conditions which appear to be changed conditions. If the
Engineer determines that conditions are changed conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an extension
of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees.
The Contractor's failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time
that the Contractor performs the work giving rise to the potential claim. The Contractor's failure
to give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within
20 working days of the date of service of the written notice of potential claim for changed
conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further
understands and agrees that this potential claim, unless resolved, must be restated as a claim in
response to the City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
%IP Revised 6/15/17 Contract No. 6070 Page 68 of 143
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.
3-6 DISPUTED WORK.
The Contractor shall give the agency written notice of potential claim prior to commencing any
disputed work. Failure to give said notice shall constitute a waiver of all claims in connection
therewith. If the contractor and the agency are unable to reach agreement on disputed work, the
Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following
dispute resolution chain of command:
1.Project Inspector
2.Construction Manager
3.Deputy City Engineer, Construction Management & Inspection
4.City Engineer
5.City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or
request that the Contractor meet and present its report. When additional information or a meeting
is requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's
position up to the City Manager after which the Contractor may proceed under the provisions of
the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change
order provisions in the contract.
All claims by the -Contractor 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
Section 10240) of Chapter 1 of Part 2, Chapter 10 (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:
.3k
t III- Revised 6/15/17 Contract No. 6070 Page 69 of 143
(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
University, 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, political 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
department.
(iv)The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction 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.
(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
governing 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.
"Li --r• Revised 6/15/17 Contract No. 6070 Page 70 of 143
(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
dispute. 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 settlement 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
private 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 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 request 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 presented 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.
*)'
ta r. —1- Revised 6/15/17 Contract No. 6070 Page 71 of 143
(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
contractual 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.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c)The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d)This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended
to extend the time limit or supersede notice requirements otherwise provided by contract for the
filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2)If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3)The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a period of time
tat —T- Revised 6/15/17 Contract No. 6070 Page 72 of 143
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.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
20104A. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article
3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining
to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally 4p",
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by the parties, except in the case of arbitration where the arbitrator, for good cause, determines
a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the act.
(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.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall
be new, high grade, and free from defects. Quality of work shall be in accordance with the
generally accepted standards. Material and work quality shall be subject to the Engineer's
approval.
Materials and work quality not conforming to the requirements of the Specifications shall be
considered defective and will be subject to rejection. Defective work or material, whether in place
or not, shall be removed immediately from the site by the Contractor, at its expense, when so
directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense
will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the
Specifications.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage
facilities and employ such measures as will preserve the specified quality and fitness of materials
to be used in the Work. Stored materials shall be reasonably accessible for inspection. The
Contractor shall also adequately protect new and existing work and all items of equipment for the
duration of the Contract.
The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or
remove equipment or materials which have been installed or delivered and which may be
necessary for the completion of the Contract.
fel) Revised 6/15/17 Contract No. 6070 Page 74 of 143
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical
materials and fabricated items as bituminous paving mixtures, structural concrete, metal
fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and
similar shop or plant operations.
Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are
acceptable upon certification as to compliance with the Specifications, subject to sampling and
testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators,
plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment
such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject
to inspection at the source, normally only for performance testing. The Specifications may require
inspection at the source for other items not typical of those listed in this section.
The Contractor shall provide the Engineer free and safe access to any and all parts of work at
any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in
the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4,
Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
regulations as may apply. Contractor shall furnish Engineer with such information as may be
necessary to keep the Engineer fully informed regarding progress and manner of work and
character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to
purchase materials, fabricated products, or equipment from sources located more than 50 miles
outside the geographical limits of the Agency, an inspector or accredited testing laboratory
(approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the
materials, equipment or process. This approval shall be obtained before producing any material
or equipment. The inspector or representative of the testing laboratory shall judge the materials
by the requirements of the Plans and Specifications. The Contractor shall forward reports required
by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication
or treatment of such materials be done without proper inspection by the approved agent. Approval
by said agent shall not relieve the Contractor of responsibility for complying with the Contract
requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory
services within 50 miles of the geographical limits of the Agency. For private contracts, all costs
of inspection at the source, including salaries and mileage costs, shall be paid by the permittee.
4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples
of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its
expense, shall deliver the materials for testing to the place and at the time designated by the
Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the
Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing,
it will be stated in the Specifications. For private contracts, the testing expense shall be borne by
the permittee.
Revised 6/15/17 Contract No. 6070 Page 75 of 143
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to
use materials for which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or
is sent so far in advance that the materials on hand at the time will not last but will be replaced by
a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer
when samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced
materials and/or on-site workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications, Technical Specification, and any
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected or
tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform product,
or if the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. If any product proves unacceptable after
improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be removed from the project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the
Specifications and accept the manufacturer's written certification that the materials to be supplied
meet those requirements. Material test data may be required as part of the certification.
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to
that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or
brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words or equal. A listing of materials is
not intended to be comprehensive, or in order of preference. The Contractor may offer any
material, process, or equipment considered to be equivalent to that indicated. The substantiation
of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to
determine that the quality, strength, physical, chemical, or other characteristics, including
durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its
intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is
dfs, 11 — Revised 6/15/17 Contract No. 6070 Page 76 of 143
equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall
not be made until approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the
Contractor shall furnish and install the specified material.
The specified Contract completion time shall not be affected by any circumstance developing from
the provisions of this section.
The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole
opinion of the Engineer, the substitution is determined to be unsatisfactory in performance,
appearance, durability, compatibility with associated items, availability of repair parts and
suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for
proportioning materials shall be inspected for accuracy and certified within the past 12 months by
the State of California Bureau of Weights and Measures, by the County Director or Sealer of
Weights and Measures, or by a scale mechanic registered with or licensed by the County.
The accuracy of the work of a scale service agency, except as stated herein, shall meet the
standards of the California Business and Professions Code and the California Code of
Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior
to operation, to the Engineer for approval and shall be renewed whenever required by the
Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator's platform or area. They
shall indicate the true net weight without the application of any factor. The figures of the scales
shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant
shut down. Weighing equipment shall be so insulated against vibration or moving of other
operating equipment in the plant area that the error in weighing with the entire plant running will
not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to
pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and
strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at
intervals not to exceed 12 months and following repairs, modification, or relocation of the
equipment. Calibration certificates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar
and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and
Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises
to contradict the test values of materials, the Agency and the Contractor will initiate an immediate
and cooperative investigation. Test values of materials are results of the materials' tests, as
defined by these Specifications or by the special provisions, required to accept the Work. Credible
evidence is process observations or test values gathered using industry accepted practices. A
contradiction exists whenever test values or process observations of the same or similar materials
are diverse enough such that the work acceptance or performance becomes suspect. The
investigation shall allow access to all test results, procedures, and facilities relevant to the
disputed work and consider all available information and, when necessary, gather new and
additional information in an attempt to determine the validity, the cause, and if necessary, the
remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism
•‘'
t.4, Revised 6/15/17 Contract No. 6070 Page 77 of 143
acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved
and the cooperative investigation concluded. Whenever the cooperative investigation is unable to
reach resolution, the investigation may then either conclude without resolution or continue by
written notification of one party to the other requesting the implementation of a resolution process
by committee. The continuance of the investigation shall be contingent upon recipient's
agreement and acknowledged in writing within 3 calendar days after receiving a request. Without
acknowledgement, the investigation shall conclude without resolution. The committee shall
consist of three State of California Registered Civil Engineers. Within 7 calendar days after the
written request notification, the Agency and the Contractor will each select one engineer. Within
14 calendar days of the written request notification, the two selected engineers will select a third
engineer. The goal in selection of the third member is to complement the professional experience
of the first two engineers. Should the two engineers fail to select the third engineer, the Agency
and the Contractor shall each propose 2 engineers to be the third member within 21 calendar
days after the written request notification. The first two engineers previously selected shall then
select one of the four proposed engineers in a blind draw. The committee shall be a continuance
of the cooperative investigation and will re-consider all available information and if necessary
gather new and additional information to determine the validity, the cause, and if necessary, the
remedy to the contradiction. The committee will focus upon the performance adequacy of the
material(s) using standard engineering principles and practices and to ensure public value, the
committee may provide engineering recommendations as necessary. Unless otherwise agreed,
the committee will have 30 calendar days from its formation to complete their review and submit
their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped
and signed. Should the final resolution not be unanimous, the dissenter may attach a written,
stamped, and signed minority opinion. Once started, the resolution process by committee shall
continue to full conclusion unless:
1.Within 7 days of the formation of the committee, the Agency and the Contractor reach an
acceptable resolution mechanism; or
2.Within 14 days of the formation of the committee, the initiating party withdraws its written
notification and agrees to bear all investigative related costs thus far incurred; or
3.At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise
agreed, the Contractor shall bear and maintain a record for all the investigative costs until
resolution. Should the investigation discover assignable causes for the contradiction, the
assignable party, the Agency or the Contractor, shall bear all costs associated with the
investigation. Should assignable causes for the contradiction extended to both parties, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation substantiate a contradiction without assignable cause, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation be unable to substantiate a contradiction, the initiator of the
investigation shall bear all investigative costs. All claim notification requirements of the
contract pertaining to the contradiction shall be suspended until the investigation is
concluded.
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall
be accompanied by bills of lading that shall clearly state for each delivery: the name of the
Contractor as consignee, the project name and number, address of delivery and name of
consignor and a description of the material(s) shipped. Prior to storage of any materials which
have been shipped to or by the Contractor to any location within the Agency's boundaries the
Contractor shall provide the Engineer a copy of lease agreements for each property where such
materials are stored. The lease agreement shall clearly state the term of the lease, the description
tat —1- Revised 6/15/17 Contract No. 6070 Page 78 of 143
of materials allowed to be stored and shall provide for the removal of the materials and restoration
of the storage site within the time allowed for the Work. All such storage shall conform to all laws
and ordinances that may pertain to the materials stored and to preparation of the storage site and
the location of the site on which the materials are stored. Loss, damage or deterioration of all
stored materials shall be the Contractor's responsibility. Conformance to the requirements of this
section, both within and outside the limits of work are a part of the Work. The Engineer shall have
the right to verify the suitability of materials and their proper storage at any time during the Work.
SECTION 6 - UTILITIES
5-1 LOCATION.
The Agency and affected utility companies have, by a search of known records, endeavored to
locate and indicate on the Plans, all utilities which exist within the limits of the work. However,
the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the
Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power,
telephone, or cable television are shown on the Plans, the Contractor shall assume that every
property parcel will be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to
commencing any excavation, the Contractor shall contact the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member
of the regional notification center. The Contractor shall contact it for location of its subsurface
installations.
The Contractor shall determine the location and depth of all utilities, including service connections,
which have been marked by the respective owners and which may affect or be affected by its
operations. If no pay item is provided in the Contract for this work, full compensation for such work
shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION.
The Contractor shall not interrupt the service function or disturb the support of any utility without
authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall
be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans or in
accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place
the necessary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the
Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed
or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged
if located as noted in Section 5-1.
tat —1- Revised 6/15/17 Contract No. 6070 Page 79 of 143
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.
Where concrete is used for backfill or for structures which would result in embedment, or partial
embedment, of a metallic utility installation; or where the coating, bedding or other cathodic
protection system is exposed or damaged by the Contractor's operations, the Contractor shall
notify the Engineer and arrange to secure the advice of the affected utility owner regarding the
procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL.
Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown
on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place".
Before starting removal operations, the Contractor shall ascertain from the Agency whether the
abandonment is complete, and the costs involved in the removal and disposal shall be included
in the Bid for the items of work necessitating such removals.
5-4 RELOCATION.
When feasible, the owners responsible for utilities within the area affected by the Work will
complete their necessary installations, relocations, repairs, or replacements before
commencement of work by the Contractor. When the Plans or Specifications indicate that a utility
installation is to be relocated, altered, or constructed by others, the Agency will conduct all
negotiations with the owners and work will be done at no cost to the Contractor, except for
manhole frame and cover sets to be brought to grade as provided in the Standard Specifications
for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order
to avoid interference shall be protected in their position and the cost of such protection shall be
included in the Bid for the items of work necessitating such relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work
to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a
utility, all costs for such work shall be included in the Bid for the items of work necessitating such
work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for
its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or
within temporary construction or slope easements. When directed by the Engineer, the Contractor
shall arrange for the relocation of service connections as necessary between the meter and
property line, or between a meter and the limits of temporary construction or slope easements.
The relocation of such service connections will be paid for in accordance with provisions of
Section 3-3. Payment will include the restoration of all existing improvements which may be
affected thereby. The Contractor may agree with the owner of any utility to disconnect and
reconnect interfering service connections. The Agency will not be involved in any such agreement.
ti.,. —1- Revised 6/15/17 Contract No. 6070 Page 80 of 143
In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and
companies. Prior to the installation of any and all utility structures within the limits of work by any
utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter
that is a part of the work and adjacent to the location where such utility structures are shown on
the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission
is approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional
compensation will be allowed therefore or for additional work, materials or delay associated with
the temporary omission. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the
Engineer.
5-5 DELAYS.
The Contractor shall notify the Engineer of its construction schedule insofar as it affects the
protection, removal, or relocation of utilities. Said notification shall be included as a part of the
construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing
of any subsequent changes in the construction schedule which will affect the time available for
protection, removal, or relocation of utilities.
The Contractor will not be entitled to damages or additional payment for delays attributable to
utility relocations or alterations if correctly located, noted, and completed in accordance with
Section 5-1.
The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the timely removal, relocation, or protection of existing
main or trunkline utility facilities within the area affected by the Work if such utilities are not
identified in the Contract Documents. The Contractor will not be assessed liquidated damages for
any delay caused by failure of Agency to provide for the timely removal, relocation, or protection
of such existing facilities.
If the Contractor sustains loss due to delays attributable to interferences, relocations, or
alterations not covered by Section 5-1, which could not have been avoided by the judicious
handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the
Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual
loss as was unavoidable and the Contractor may be granted an extension of time.
5-6 COOPERATION.
When necessary, the Contractor shall so conduct its operations as to permit access to the Work
site and provide time for utility work to be accomplished during the progress of the Work.
41F,' Irk Al Revised 6/15/17 Contract No. 6070 Page 81 of 143
SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF
THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Except as otherwise provided herein and unless otherwise prohibited by permits from other
agencies as may be required by law the Contractor shall begin work within seven (7)
calendar days after receipt of the "Notice to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per Section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or after the completion
of the preconstruction meeting.
6-1.1.1 Baseline Construction Schedule Submittal The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through
6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3
Electronic Media.
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work
is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance
of the notice to proceed and conclude with the date of final completion per the contract duration.
The Baseline Construction Schedule shall include detail of all project phasing, staging, and
sequencing, including all milestones necessary to define beginning and ending of each phase or
stage.
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late
start, the late finish, the total float, and all predecessor and successor activities for the activity
described.
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing
texture patterns or distinctive line types to show the critical path.
ti 4p-s,
Revised 6/15/17 Contract No. 6070 Page 82 of 143
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The
Contractor shall submit to the Agency a CD-ROM data disk with all network information contained
thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a
"Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should
the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera
or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three
copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-
site training by the program publisher for up to eight Agency staff members. The classes shall be
presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00
p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates
and times of the on-site training shall be submitted to the Engineer for approval five working days
before the start of the on-site training. The on-site training shall be completed prior to the submittal
of the first Baseline Construction Schedule.
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed
by the Engineer. The Baseline Construction Schedule shall include between 100 and 500
activities, including submittals, interfaces between utility companies and other agencies, project
milestones and equipment and material deliveries. The number of activities will be sufficient, in
the judgment of the Engineer, to communicate the Contractor's plan for project execution, to
accurately describe the project work, and to allow monitoring and evaluation of progress and of
time impacts. Each activity's description shall accurately define the work planned for the activity
and each activity shall have recognizable beginning and end points.
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity's construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction
of submittals shall be included in the schedule.
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination
of default by Contractor, per Section 6-4.
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan
to support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of Section 6-1. The Engineer may choose to accept the
Contractor's proposal of a project duration shorter than the duration specified; provided the
Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency
and all other entities, public and private, which interface with the project are able to support the
provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a
shortened duration project will be confirmed through the execution of a contract change order
revising the project duration and implementing all contractual requirements including liquidated
damages in accordance with the revised duration.
4,11f
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6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer's determination that the Baseline Construction Schedule proposed by the
Contractor complies with the requirements of these supplemental provisions shall be a condition
precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that
the Construction Schedule does not meet the requirements of these specifications the Contractor
shall correct the Construction Schedule to meet these specifications and resubmit it to the
Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial
Construction Schedule proposed by the Contractor complies with the requirements of these
supplemental provisions within thirty (30) working days after the date of the preconstruction
meeting shall be grounds for termination of the contract per Section 6-4. Days used by the
Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule
will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3.
6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1.
6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work
upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating
the comments prior to receipt of payment per Section 6-1.8.1.
6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The
Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the
Engineer. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked "Accepted" by
the Engineer.
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity's schedule status and
shall submit monthly updates of the Baseline Construction Schedule confirming the agreements
no later than the fifth working day of the following month. The monthly update will be submitted
on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per
the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-
1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed
during the month. After first reporting an actual date, the Contractor shall not change that actual
date in later updates without specific notification to the Engineer with the update.
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project
name and number, the Contractor's name and the date of preparation of the schedule data disk.
The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule
4.16,
Revised 6/15/17 Contract No. 6070 Page 84 of 143
Software" and shall be free of file locking, encryption or any other protocol that would impede full
access of all data stored on it.
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor's change orders.
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per Sections
6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments"
or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon
resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule
to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit
a monthly updated construction schedule will invoke the same consequences as the Engineer
returning a monthly updated construction schedule marked "Not Accepted".
6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with Section 6-1.8.2.
6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work.
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating
the corrections and changes noted in the Engineer's comments prior to receipt of payment per
Section 6-1.8.2.
6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer's comments prior
to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may
be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If
the Contractor fails to submit the corrected Updated Construction Schedule as required herein
the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect
not to proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor's responsibility.
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to
the Contractor immediately following the "Accepted" schedule.
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6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a
list and explanation of each change made to the schedule. The Revised Construction Schedule
will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and
acceptance requirements of Section 6-1, including but not limited to the acceptance and payment
provisions. As used in this section "substantially different" means a time variance greater than 5
percent of the number of days of duration for the project.
6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor's Final
Schedule Update must accurately represent the actual dates for all activities. The final schedule
update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and
Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the
final schedule update is required for completion of the project and release of any and all funds
retained per Section 9-3.2.
6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK.
To minimize public inconvenience and possible hazard and to restore street and other work areas
to their original condition and state of usefulness as soon as practicable, the Contractor shall
diligently prosecute the Work to completion. If the Engineer determines that the Contractor is
failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the
Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as
described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the
necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may
suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the
Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to
properly provide for public safety, traffic, and protection of the Work during periods of suspension,
the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such
actions will not relieve the Contractor from liability.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes construction of speed
cushions and traffic circles on five streets in the City at Amargosa Drive, Avenida Diestro, Estrella
de Mar Road, Cadencia Street, and Hillside Drive. The following descriptions outlining the order
of work are provided for the Contractor's review and information. The descriptions for Phase 1
through 4 are overviews only and shall not relieve the Contractor from its responsibilities to
perform the coordination and work in accordance with the plans and specifications. Some phases
or portions of phases may overlap each other and/or occur during the same time period.
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6-2.2 Construction Phasing
6-2.2.1 Phase I. On each street, Phase I consists of construction of the northbound/westbound
speed cushions, keeping one lane at least 12 feet wide open for traffic.
6-2.2.2 Phase II. On each street, Phase II consists of construction of the southbound/eastbound
speed cushions, keeping one lane at least 12 feet wide open for traffic.
6-2.2.3 Phase III. On streets with proposed traffic circles, Phase Ill consists of setting cones to
separate construction area from travel lanes keeping at least 12' wide open to traffic around the
construction area and constructing the traffic circle.
6-2.2.4 Phase IV. On each street Phase IV consists of performing the remainder of work not
completed in the previous phases as well as final signing and striping.
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. The Contractor's Representative shall attend each Project Meeting. The Project
Representative shall be the individual determined under Section 7-6, "The Contractor's
Representative". No separate payment for attendance of the Contractor, the Contractor's
Representative or any other employee or subcontractor or subcontractor's employee at these
meetings will be made.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the
Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall
comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of
archaeological or paleontological interest, the Contractor shall immediately cease excavation in
the area of discovery and shall not continue until ordered by the Engineer. When resumed,
excavation operations within the area of discovery shall be as directed by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, and fossils.
The Contractor shall be entitled to an extension of time and compensation in accordance with the
provisions of Section 6-6.
6-4 DEFAULT BY CONTRACTOR.
If the Contractor fails to begin delivery of material and equipment, to commence the Work within
the time specified, to maintain the rate of delivery of material, to execute the Work in the manner
and at such locations as specified, or fails to maintain the Work schedule which will insure the
Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency
may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond
demanding satisfactory compliance with the Contract.
The Contract may be canceled by the Board without liability for damage, when in the Board's
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or
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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
premises. The Agency may then take possession of all material and equipment and complete the
Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination
of such methods. In any event, the cost of completing the Work shall be charged against the
Contractor and its Surety and may be deducted from any money due or becoming due from the
Agency. If the sums due under the Contract are insufficient for completion, the Contractor or
Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums
due.
The provisions of this section shall be in addition to all other rights and remedies available to the
Agency under law.
6-5 TERMINATION OF CONTRACT.
The Board may terminate the Contract at its own discretion or when conditions encountered
during the Work make it impossible or impracticable to proceed, or when the Agency is prevented
from proceeding with the Contract by act of God, by law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor,
such delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor
disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work,
inability to obtain materials, labor or equipment, required extra work, or other specific events as
may be further described in the Specifications.
No extension of time will be granted for a delay caused by the Contractor's inability to obtain
materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be
provided in a timely manner in accordance with the sequence of the Contractor's operations and
the approved construction schedule.
If delays beyond the Contractor's control are caused by events other than those mentioned above,
the Engineer may deem an extension of time to be in the best interests of the Agency. The
tj.e. —1- Revised 6/15/17 Contract No. 6070 Page 88 of 143
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in Section 6-6.3.
If delays beyond the Contractor's control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
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
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay
by reasonable means. Should the Contractor fail to provide the notice(s) required by this section
the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7.1 General. The Contractor shall complete 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
Contract for such portion. The time of completion of the Contract shall be expressed in working
days. The Contractor shall diligently prosecute the work to completion sixty (60) working days
after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract
time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by
the Engineer for all work provided for in the Contract, whichever occurs first, other than:
1.Saturday,
2.Sunday,
3.any day designated as a holiday by the Agency,
4.any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5.any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1,
6.any day the Contractor is prevented from working during the first 5 hours with at least
60 percent of the normal work force for cause as defined in Section 6-6.1.
Unless otherwise approved in writing by the Engineer, the hours of work shall be between the
hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays, excluding Agency holidays.
ILA" —1- Revised 6/15/17 Contract No. 6070 Page 89 of 143
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work
outside said hours or at any time during weekends and/or holidays. This written permission must
be obtained at least 48 hours prior to such work. The Engineer may approve work outside the
hours and/or days stated herein when, in his/her sole opinion, such work conducted by the
Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection
costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in
the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid
prices or adjustment of contract time of completion will be allowed as a consequence of the
prohibition of work being performed within the dates, areas and/or types of work prohibited in this
section.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each
working day to be charged against the Contract time. These determinations will be discussed,
and the Contractor will be furnished a periodic statement showing allowable number of working
days of Contract time, as adjusted, at the beginning of the reporting period. The statement will
also indicate the number of working days charged during the reporting period and the number of
working days of Contract time remaining. If the Contractor does not agree with the statement, it
shall file a written protest within 15 days after receipt, setting forth the facts of the protest.
Otherwise, the statement will be deemed to have been accepted.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written
assertion that the Work has been completed.
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of
Completion" to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and
any faulty work or materials discovered during the warranty period shall be repaired or replaced
by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the one year warranty period. The Contractor shall replace or
repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from
the Engineer, and within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the Agency may perform this work
and the Contractor's sureties shall be liable for the cost thereof.
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 working 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 one thousand five hundred ($1500.00)
Dollars ($1,500.00). Such sum is liquidated damages and shall not be construed as a penalty,
and may be deducted from payments due the Contractor if such delay occurs.
*‘'
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Execution of the Contract shall constitute agreement by the Agency and Contractor that one
thousand five hundred (1500.00) dollars per day is the minimum value of costs and actual
damages caused by the Contractor to complete the Work within the allotted time. Any progress
payments made after the specified completion date shall not constitute a waiver of this paragraph
or of any damages.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION.
The Agency reserves the right to take over and utilize all or part of any completed facility or
appurtenance. The Contractor will be notified in writing in advance of such action. Such action by
the Agency will relieve the Contractor of responsibility for injury or damage to said completed
portions of the improvement resulting from use by public traffic or from the action of the elements
or from any other cause, except Contractor operations or negligence. The Contractor will not be
required to reclean such portions of the improvement before field acceptance, except for cleanup
made necessary by its operations. Nothing in this section shall be construed as relieving the
Contractor from full responsibility for correcting defective work or materials.
In the event the Agency exercises its right to place into service and utilize all or part of any
completed facility or appurtenance, the Agency will assume the responsibility and liability for injury
to persons or property resulting from the utilization of the facility or appurtenance so placed into
service, except for any such injury to persons or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, employees, or agents.
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
applicable provisions of the Labor Code and Federal, State, and local laws related to labor.
The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum
wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and
nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall
forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing
wage rates for the types of work to be done under the Contract. The Contractor shall not pay less
than these rates.
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Each worker shall be paid subsistence and travel as required by the collective bargaining
agreement on file with the State of California Department of Industrial Relations.
The Contractor's attention is directed to Section 1776 of the Labor Code which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for inspection
of such records for all persons employed by the Contractor or Subcontractor in connection with
the project. The Contractor shall agree through the Contract to comply with this Section and the
remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE.
Insurance shall be required as specified in section 10 of the Public Works Contract.
The cost of this insurance shall be included in the Contractor's Bid.
7-4 WORKERS' COMPENSATION INSURANCE.
Before execution of the Contract by the Board, the Contractor shall file with the Engineer the
following signed certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for,
and maintaining in full force and effect for the duration of the contract, complete Workers'
Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before
execution of the Contract. The Agency, its officers, or employees, will not be responsible for any
claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration or proposed cancellation of such policies for
any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days
before expiration or cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance of
the State of California. Policies issued by the State Compensation Fund meet the requirement for
workers' compensation insurance.
7-5 PERMITS.
Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of
Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for
this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work
until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all
permits for the disposal of all materials removed from the project. The cost of said permit(s) shall
be included in the price bid for the appropriate bid item and no additional compensation will be
allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits
necessitated by its operations such as, but not limited to, those permits required for night work,
overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits
4p-v
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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 alternative representative may be designated as well. The
representative or alternate shall be present at the Work site whenever work is in progress or
whenever actions of the elements necessitate its presence to take measures necessary to protect
the Work, persons, or property. Any order or communication given to this representative shall be
deemed delivered to the Contractor. A joint venture shall designate only one representative and
alternate. In the absence of the Contractor or its representative, instructions or directions may be
given by the Engineer to the superintendent or person in charge of the specific work to which the
order applies. Such order shall be complied with promptly and referred to the Contractor or its
representative. In order to communicate with the Agency, the Contractor's representative,
superintendent, or person in charge of specific work shall be able to speak, read, and write the
English language.
7-7 COOPERATION AND COLLATERAL WORK.
The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous,
collateral, and essential work by others. The Agency, its workers and contractors and others, shall
have the right to operate within or adjacent to the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate
their operations and cooperate to minimize interference.
The Contractor shall include in its Bid all costs involved as a result of coordinating its work with
others. the Contractor will not be entitled to additional compensation from the Agency for damages
resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize
such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably
foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the
effect on the project, and any extension of time.
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time
extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension
of work, and until the final acceptance, the Contractor shall keep the site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and
sprinkling with water, or other means as necessary. The use of water resulting in mud on public
streets will not be permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and
loading motor sweeper with spray nozzles at least once each working day for
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operate a self-
the purpose of
Page 93 of 143
keeping paved areas acceptably clean wherever construction, including restoration, is
incomplete.
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish
so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in
the Contractor's Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately and the area cleaned.
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 Contractor shall conduct effective cleanup and dust control throughout the duration of the
Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her
sole discretion, 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
Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall
be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall
be performed by a licensed exterminator in accordance with requirements of governing
authorities. The Contractor shall be liable for injury to persons or property and responsible for the
elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of
employees engaged in the Work. These accommodations shall be maintained in a neat and
sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities,
sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage
shall not be permitted to flow in trenches or be covered by backfill.
7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all temporary light, power, and water at its own expense. These include piping, wiring,
lamps, and other equipment necessary for the Work. The Contractor shall not draw water from
any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency
concerned. The Contractor shall obtain a construction meter for water used for the construction,
41‘,
IL" Revised 6/15/17 Contract No. 6070 Page 94 of 143
plant establishment, maintenance, cleanup, testing and all other work requiring water related to
this contract. The Contractor shall contact the appropriate water agency for requirements. The
Contractor shall pay all costs of temporary light, power and water including hookup, service, meter
and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered
incidental to the items of work that they are associated with and no additional payment will be
made therefore.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to
protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule
operations so as to minimize or avoid muddying and silting of said channels, drains, and waters.
Water pollution control work shall consist of constructing those facilities which may be required to
provide prevention, control, and abatement of water pollution.
The Contractor shall comply with the California State Water Resources Control Board (SWRCB)
Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General
Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of
Stormwater Runoff associated with Construction Activity (General Permit) and subsequent
adopted modifications and with all requirements of the Storm Water Pollution Prevention and
Monitoring Plans for this project in accordance with these regulations.
The Notice of Intent (N01) shall be filed for the project. The NOI shall be filed by City of Carlsbad
per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued.
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work
areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic
concrete, or other acceptable material will be permitted when necessary. Such dams shall be
removed from the site as soon as their use is no longer necessary.
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
The Contractor shall be responsible for the protection of public and private property adjacent to
the Work and shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are
not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility
installations, pavement, structures, etc.) which are damaged or removed as a result of its
operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing
improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or
relocated shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed due to Contractor's operations, they shall be restored or replaced in as
nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and
covered with suitable mulch.
ink t at. Revised 6/15/17 Contract No. 6070 Page 95 of 143
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the
right-of-way which are designated for removal and would be destroyed because of the Work.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be
included in the Bid.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise
authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be
provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire
hydrants; commercial and industrial establishments; churches, schools and parking lots; service
stations and motels; hospitals; police and fire stations; and establishments of similar nature.
Access to these facilities shall be continuous and unobstructed unless otherwise approved by the
Engineer.
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian
crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless
otherwise approved by the Engineer.
Vehicular access to residential driveways shall be maintained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been
completed to the extent that safe access may be provided, and the street is opened to local traffic,
the Contractor shall immediately clear the street and driveways and provide and maintain access.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the
collection and removal of trash and garbage to maintain existing schedules for these services.
Grading operations, roadway excavation and fill construction shall be conducted by the Contractor
in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is
completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for
traffic.
Unless otherwise authorized, work shall be performed in only one-half the roadway at one time.
One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half
a street only is being improved, the other half shall be conditioned and maintained as a detour.
The Contractor shall schedule the work so as to prevent damage by all traffic, including but not
limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup.
The trash hauling schedule can be obtained by calling the City's contracted waste disposal
company, Coast Waste Management at 929-9417.
During overlay operations, the Contractors schedule for overlay application shall be designated
to provide residents and business owners whose streets are to be overlaid sufficient paved
parking within an 800 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
%fit • Revised 6/15/17 Contract No. 6070 Page 96 of 143
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor's permanent office or field
office and the other number shall be a 24-hour number answered by someone who is
knowledgeable about the project. At least one of the phone numbers shall be in the (760) area
code. An answering machine shall not be connected to either number. The notification shall also
give a brief description of the work and simple instructions to the home or business owner on what
they need to do to facilitate the construction. The Contractor shall submit the contents of the
notification to the Engineer for approval. Notices shall not be distributed until approved by the
Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall
be brightly colored with contrasting printing. The material shall be equivalent in strength and
durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An
example of such notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of
the work being performed. The no parking signs shall state the date and time of parking restriction
for a duration not to exceed the time necessary to complete the work at that location. Failure of
the contractor to meet the posted date requires re-posting the no parking signs 72 hours in
advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs
shall be removed and re-posted 72 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not
be stored in streets, roads, or highways for more than 5 days after unloading. All materials or
equipment not installed or used in construction within 5 days after unloading shall be stored
elsewhere by the Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor
for more than 5 days after it is no longer needed. Time necessary for repair or assembly of
equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
stored in public streets unless otherwise permitted. After placing backfill, all excess material shall
be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable
State, County, and City requirements for closure of streets. The Contractor shall provide barriers,
—1- Revised 6/15/17 Contract No 6070 Page 97 of 143
guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be
responsible for compliance with additional public safety requirements which may arise. The
Contractor shall furnish and install signs and warning devices and promptly remove them upon
completion of the Work.
After obtaining the Engineers approval and at least 5 working days before closing, detouring,
partially closing .or reopening any street, alley or other public thoroughfare the Contractor shall
notify the following:
1) The Engineer (760) 602-2720
2) Carlsbad Fire Department Dispatch (760) 931-2197
3) Carlsbad Police Department Dispatch (760) 931-2197
4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980
5) Carlsbad Traffic Signals Operations (760) 602-2752
6) North County Transit District (760) 967-2828
7) Waste Management (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's
written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing
any traffic control that affects bus stops.
The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit,
with signs and posting conforming to current requirements covering "signs" as set forth in the
Traffic Manual published by the California Department of Transportation. This manual shall also
apply to the street closures, barricades, detours, lights, and other safety devices required.
All costs involved shall be included in the Bid.
Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic
Control Devices (FHWA MUTCD latest edition, as amended for use in California) and these
provisions. If any component in the traffic control system is damaged, displaced, or ceases to
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and
shall restore the component to its original location. In the event that the Contractor fails to install
and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be
required herein, the Engineer may, at his/her sole option, install the traffic signs, markings,
delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign
or device, or the actual cost of providing such traffic control facility, whichever is the greater.
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according
to the approved traffic control plan. All construction area signs shall conform to the provisions of
Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions
of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of
Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb
marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint
shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et
seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to
provide traffic control, direction and/or warning shat I be furnished, installed and maintained by the
Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the
Contractor when no longer required. Warning and advisory signs that remain in place overnight
shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be
removed from the traveled way and from the view of motorists in the traveled way or shielded
from the view of the traveling public during such periods that their message does not pertain to
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
Irk Revised 6/15/17 Contract No. 6070 Page 98 of 143
that are used only during working hours may be portable signs. Portable signs shall be removed
from the traveled way and shielded from the view of the traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code,
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with
the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be
7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled
way, including any Section closed to public traffic. Whenever the Contractor's vehicles or
equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed
with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked
vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point
not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or
portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder
Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree
with flags. The signpost or flag tree shall be placed where directed by the Engineer.
7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet (6'),
nor operate equipment within two (2') from any traffic lane occupied by traffic. For equipment, the
two feet (2') shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written 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.
During the entire construction, a minimum of one paved traffic lanes, not less than twelve (12')
wide, shall be open for use by public traffic at speed cushion locations in each direction of travel.
At traffic circle locations, a minimum of one paved traffic lane, not less than 12' wide shall be open
for use by public traffic in all directions of travel.
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California
Manual on Uniform Traffic Control Devices (FHWA MUTCD latest edition, as amended for use in
California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The
provisions in this section will not relieve the Contractor from its responsibility to provide such
additional devices or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by
the Engineer, within the limits of the right-of-way.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control
System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic
control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its plan
to the Engineer and has received the Engineer's written approval of said plan.
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7-10.3.6 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in the
California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest edition, as amended
for use in California published by CALTRANS. Whenever the work causes obliteration of
pavement delineation, temporary or permanent pavement delineation shall be in place prior to
opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be
provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and
marks used to establish the alignment of the temporary pavement delineation shall be removed
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement delineation
or other temporary pavement delineation. Temporary pavement delineation shall be maintained
until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed.
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control
Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included
in the project plans, or if the Contractor elects to modify TCP included in the project plans, the
Contractor shall have such new or modified TCP prepared and submitted as a part of the Work
for any and all construction activities that are located within the traveled way. The Contractor
shall have TCP prepared and submitted as a part of the Work for any construction activities that
are a part of this project that are not included in the project plans. The Contractor must submit
the TOP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq.
and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day
review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each
submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP
submittals shall include all TCP needed for the entire duration of the Work. Each phase of the
TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve
radii, stationing of features affecting the traffic control plan and the methodology proposed to
transition to the subsequent TCP phase. Such modifications, supplements and/or new design of
TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic
Control Devices (FHWA MUTCD latest edition, as amended for use in California as published by
CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be
prepared by a registered professional engineer appropriately registered in the State of California.
The Engineer shall be the sole judge of the suitability and quality of any such modifications,
supplements, and/or new designs to TCP. The Engineer may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered
professional engineer retained by the Contractor will be beneficial to the best interests of the
Agency. Such modification, addition, supplement, and/or new design shall not be implemented
and no work shall be commenced that is contingent on such approval until the changed TCP are
approved by the Engineer. The preparation of such modification, addition, supplement, and/or
new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion.
tol) Revised 6/15/17 Contract No. 6070 Page 100 of 143
Submittal and review requirements for such modifications, supplements, and/or new designs to
-TOP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals.
7-10.3.7 Payment.
The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump
sum price paid for "Traffic and Pedestrian Control, and Traffic and Pedestrian Control Plan" shall
include full compensation for furnishing all labor (including flagging costs), materials (including
signs), tools, equipment and incidentals, and for doing all the work involved in preparation,
reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement
markers with bituminous adhesive, removing, storing, maintaining, moving to new locations,
replacing, and disposing of the components of the traffic control system as shown on the plans
and approved additions and modifications, as specified in these supplemental provisions, and as
directed by the Engineer. All expenses and time to prepare and review modifications, additions,
supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and
no additional payment will be made therefore. The cost of labor and material Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material
for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the
cost of labor and material for portable concrete barriers they will be paid as an incidental to the
work being performed and no additional payment will be made therefore. Progress payments for
"Traffic Control" will be based on the percentage of the improvement work completed.
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts
of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued
by the State Division of Industrial Safety. The Contractor shall comply with provisions of these
and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan
to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for
the workers' protection from the hazard of caving ground during the excavation of such trench. If
the plan varies from the shoring system standards, the plan shall be prepared by a registered
Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the
Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit
shall be submitted to the Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the
prices bid for other items of work except where separate bid items for excavation safety are
provided, or required by law.
7-10.4.2 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
1%
Revised 6/15/17 Contract No 6070 Page 101 of 143
in Section 5194 of the California Code of Regulations shall be requested by the Contractor from
the manufacturer of any hazardous products used.
Material usage shall be accomplished with strict adherence to California Division of Industrial
Safety requirements and all manufacturer warnings and application instructions listed on the
Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe
conditions.
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The Contractor shall be responsible for implementing,
administering and maintaining a confined space entry program (CSEP) in accordance with
Sections 5156, 5157 and 5158, Title 8, OCR.
Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to
the Engineer. The CSEP shall address all potential physical and environmental hazards and
contain procedures for safe entry into confined spaces, including, but not limited to the following:
1.Training of personnel
2.Purging and cleaning the space of materials and residue
3.Potential isolation and control of energy and material inflow
4.Controlled access to the space
5.Atmospheric testing of the space
6.Ventilation of the space
7.Special hazards consideration
8.Personal protective equipment
9.Rescue plan provisions
The Contractor's submittal shall include the names of its personnel, including subcontractor
personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and
their specific assignment and responsibility in carrying out the CSEP.
(b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in
Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults,
pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-
required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor
shall implement a permit space program prior to performing any work in a permit-required
confined space. A copy of the permit shall be available at all times for review by Contractor and
Agency personnel at the Work site.
(c) Payment. Payment for implementing, administering, and providing all equipment and
personnel to perform the CSEP shall be included in the bid items for which the CSEP is required.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The
Contractor shall erect and properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of workers and public, and shall
al- Revised 6/15/17 Contract No. 6070 Page 102 of 143
use danger signs warning against hazards created by such features of construction as protruding
nails, hoists, well holes, and falling materials.
7-11 PATENT FEES OR ROYALTIES.
The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or
process furnished or used in the Work. The Contractor shall indemnify and hold the Agency
harmless from any legal action that may be brought for infringement of patents.
7-12 ADVERTISING.
The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers
may be displayed on removable signs. The size and location shall be subject to the Engineer's
approval.
Commercial advertising matter shall not be attached to or painted on the surfaces of buildings,
fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED.
The Contractor shall keep fully informed of State and National laws and County and Municipal
ordinances and regulations which in any manner affect those employed in the Work or the
materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at
all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances
that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies
locations or possible materials, such as borrow pits or gravel beds, for use in the proposed
construction project which would be subject to Section 1601 or Section 1603 of the Fish and
Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game
Code shall become conditions of the contract.
7-14 ANTITRUST CLAIMS.
Section 7103.5 of the Public Contract Code provides:
"In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign
to the awarding body all rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with
Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to the public works contract or subcontract.
The assignment shall be made and become effective at the time the awarding body tenders final
payment to the contractor, without further acknowledgment of the parties."
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL.
No facilities provided for Agency personnel shall be required.
*v.
Revised 6/15/17 Contract No. 6070 Page 103 of 143
SECTION 9 - MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from
measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling,
fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the
mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.
The planimeter shall be considered an instrument of precision adapted to measurement of all
areas.
9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis
of measurement shall be measured in accordance with methods stipulated in the particular
sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing
shall be done on certified platform scales or, when approved by the Engineer, on a completely
automated weighing and recording system. The Contractor shall furnish the Engineer with
duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept
the certificates as evidence of weights delivered.
9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S.
Standard Measures.
9-2 LUMP SUM WORK.
Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price
indicated in the Bid. Such payment shall be full compensation for the items of work and all work
appurtenant thereto.
When required by the Specifications or requested by the Engineer, the Contractor shall submit to
the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used
only as a basis for determining progress payments on a lump sum contract or designated lump
sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently
detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the
lump sum.
9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment Payment
to the Contractor will be made only for actual quantities of Contract items constructed in
accordance with the Plans and Specifications. Upon completion of construction, if the actual
quantities show either an increase or decrease from the quantities given in the Bid schedule, the
Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.
The unit and lump sum prices to be paid shall be full compensation for the items of work and all
appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
41Plfr
tay. —T.- Revised 6/15/17 Contract No 6070 Page 104 of 143
Payment will not be made for materials wasted or disposed of in a manner not called for under
the Contract. This includes rejected material not unloaded from vehicles, material rejected after it
has been placed, and material placed outside of the Plan lines. No compensation will be allowed
for disposing of rejected or excess material.
Payment for work performed or materials furnished under an Assessment Act Contract will be
made as provided in particular proceedings or legislative act under which such contract was
awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor's request, the
cost thereof shall be charged against the Contractor, and may be deducted from any amount due
or becoming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and
precautions which are the Contractor's responsibility have not been taken and are not reasonably
expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause
such precautions to be taken and shall charge the cost thereof against the Contractor, or may
deduct such cost from any amount due or becoming due from the Agency. Agency action or
inaction under such circumstances shall not be construed as relieving the Contractor or its Surety
from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such
payment be construed to be acceptance of any of the Work. Payment shall not be construed as
the transfer of ownership of any equipment or materials to the Agency. Responsibility of
ownership shall remain with the Contractor who shall be obligated to store any fully or partially
completed work or structure for which payment has been made; or replace any materials or
equipment required to be provided under the Contract which may be damaged, lost, stolen or
otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-
1 O.
Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the "Notice of Completion."
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency,
due to the Contractor's failure to pay for labor or materials used in the Work, all money due for
such labor or materials will be withheld from payment to the Contractor in accordance with
applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to
the Contractor except such amounts as are required by law to be withheld by properly executed
and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing
that such monthly closure date be changed. The Engineer may approve such request when it is
compatible with the Agency's payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of these
te Revised 6/15/17 Contract No. 6070 Page 105 of 143
General Provisions. Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's
information. Should the Contractor assert that additional payment is due, the Contractor shall
within ten (10) days of receipt of the progress estimate, submit a supplemental payment request
to the Engineer with adequate justification supporting the amount of supplemental payment
request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as
practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not
proper, then the request shall be returned to the Contractor as soon as practicable, but not later
than seven (7) days after receipt. The returned request shall be accompanied by a document
setting forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code
of Civil Procedure.
From each progress estimate, 10 percent will be deducted and retained by the Agency, and the
remainder less the amount of all previous payments will be paid. After 50 percent of the Work has
been completed and if progress on the Work is satisfactory, the deduction to be made from
remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of
the first half of total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the
liquidated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may
substitute securities for any monies withheld by the Agency to ensure performance under the
Contract.
After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount owed
the Contractor as determined by the Engineer and shall be itemized by the contract bid item and
change order item with quantities and payment amounts and shall show all deductions made or
to be made for prior payments and amounts to be deducted under provisions of the contract.
All prior estimates and progress payments shall be subject to correction in the Final Payment
Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting
its position. Should the Contractor fail to submit the statement and supporting documentation
within the time specified, the Contractor acknowledges that full and final payment has been made
for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by
the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. Ink tat Revised 6/15/17 Contract No 6070 Page 106 of 143
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of
the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Engineer to determine the
facts or contentions involved in its claims. Failure to submit such information and details will be
sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written
statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written
statement by the Contractor no later than the date of receipt of the final payment estimate. Those
final payment items disputed in the written statement required in Section 9-3.2 shall be submitted
no later than 30 days after receipt of the Final Payment estimate. No claim will be considered
that was not included in this written statement, nor will any claim be allowed for which written
notice or protest is required under any provision of this contract including Sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or
protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain
the basis and amount of said claims. The Engineer will consider and determine the Contractor's
claims and it will be the responsibility of the Contractor to furnish within a reasonable time such
further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
Section 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation
and conditions therein, the cost of materials and equipment delivered but not incorporated into
the Work will be included in the progress estimate.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject
to the conditions and limitations in the Specifications, the costs of work in advance of construction
operations and not directly attributable to any specific bid item will be included in the progress
estimate. When no such bid item is provided, payment for such costs will be considered to be
included in the other items of work.
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be made at the stipulated lump-sum price bid therefore in the bid schedule and includes full
compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools,
equipment and incidentals, and for doing all the work involved in mobilization and preparatory
work and operations, including, but not limited to, those necessary for the movement of personnel,
equipment, supplies, and incidental to preparing to conduct work on and off the project site and
other offsite facilities necessary for work on the project; for all other facilities, sureties, work and
operations which must be performed or costs incurred prior to beginning work on various contract
4/w
ta r. Revised 6/15/17 Contract No. 6070 Page 107 of 143
items on or off the project site, excepting those specifically paid for under separate sections of
these specifications. The Contractor hereby agrees that the stipulated lump sum amount is
sufficient for Mobilization and Preparatory Work, as described in this section, and that the
Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.
9-4 BID ITEMS.
Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's
Proposal. All work shown or mentioned on the plans, in the Contract Documents, 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, Contractor is responsible to repair or replace
any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense.
Mobilization (Bid Item No. 1) Lump Sum
The Contractor is to mobilize per Section 9-3.4.1 of the Supplemental Provisions. Mobilization
shall consist of all preparatory work and operations which must be performed, or costs incurred
prior to beginning work on the various Contract items on all project sites. Mobilization shall include
but not be limited to the following items:
1.Obtaining and paying for all required Bonds, Insurance Policies (including premiums and
incidentals), and Permits
2.Submittal of required construction schedule(s).
3.Establishment of all offices, buildings, construction yards, sanitary facilities, and any other
facilities necessary for work at all project sites.
4.Posting all OSHA required notices and establishment of safety programs.
5.Posting all Department of Labor required notice, regulations and prevailing wages.
6.The movement of personnel, equipment, supplies, and incidentals to all project sites.
7.Developing and installing construction water supply.
8.Notification of residents and businesses
No additional compensation will be allowed for additional mobilizations required, including but not
limited to delays caused by the relocation of existing utility facilities shown on the Plans or
discovered during construction operations.
The deletion of work or the addition of extra work as provided for herein shall be reflected in
Contract Change Orders and shall not affect the price paid for "Initial Mobilization."
Payment for "Mobilization" will be made at the lump allowance named in the Bid Schedule, which
price shall constitute full compensation for all such work. Payment for Initial Mobilization will be
made as follows:
The bid item for mobilization and related items shall not exceed fifteen percent (15%) of the total
contract items.
The deletion of work or the addition of extra work as provided for herein shall not affect the price
paid for Mobilization.
The contract lump sum price paid for mobilization shall include full compensation for furnishing all
labor, materials, tool, equipment, the cost of all bonds and insurance policies, and incidentals,
and for doing the work involved in mobilization as specified herein.
Revised 6/15/17 Contract No. 6070 Page 108 of 143
Traffic and Pedestrian Control, and Traffic and Pedestrian Control Plan
(Bid Item No. 2) Lump Sum
The Contractor is to submit for approval, implement and maintain a traffic control plan per Section
7-10 and Section 313 of the Supplemental Provisions. The contract lump sum price shall
constitute full compensation for all traffic control, traffic control plans, and public notification in
accordance with the specifications and contract documents. This includes, but is not limited to,
preparation and reproduction of traffic control plans, submitting and obtaining traffic control permit
from the City of Carlsbad, implementing traffic control, signing, striping, flagging operations, arrow
boards, resident notification letters, door hangers, and "NO PARKING" signs.
Asphalt Concrete (Bid Item No. 3) Ton
Asphalt Concrete is to be placed per Section 302.5 of the Supplemental Provisions. The contract
unit price paid for this bid item shall constitute full compensation to apply Asphalt Concrete in
accordance with the specifications and contract documents. This includes, but is not limited to,
surveying, connections, excavation, forming, backfill, base material, compaction, sawcutting, and
removing existing sidewalk and roadway. This includes the overlay required at the curb extension
locations to transition to the existing pavement.
Concrete Curb Ramp (Type C) (Bid Item No. 4) Each
The contract unit price paid for this bid item shall constitute full compensation to furnish and install
a Concrete Curb Ramp in accordance with the plans and contract documents. This includes, but
is not limited to, surveying, transitions, excavation, forming, base material, compaction,
sawcutting, and removing and replacing pavement adjacent to curb ramp.
Adjust Manhole to Grade (Bid Item No. 5) Each
The contract unit price paid for this bid item shall constitute full compensation for all labor,
materials, and equipment necessary for completing the work per section 403 SSPWC.
Adjust Valve to Grade (Bid Item No. 6) Each
The contract unit price paid for this bid item shall constitute full compensation for all labor,
materials, and equipment necessary for completing the work per section 403 SSPWC.
Signing and Striping (Bid Item No. 7) Lump Sum
The contract lump sum price paid for this bid item shall constitute full compensation for the signing
and striping in accordance with Section 701 of Standard Specifications for Public Works
Construction, the plans and contract documents. This includes, but is not limited to all labor,
materials, equipment, and other incidentals required for removal, layout, placement, and no
additional compensation will be allowed.
Concrete Removal (Sidewalk) (Bid Item No. 8) Square Feet
The following concrete improvement is to be removed to the nearest joint per section 401 SSPWC.
The contract unit price paid for this bid item shall constitute full compensation to remove existing
sidewalk in accordance with the plans and contract documents. Tbis includes, but is not limited
to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and
removing and replacing pavement adjacent to curb ramp.
Concrete Removal (Curb & Gutter) (Bid Item No. 9) Lineal Feet
The following concrete improvement is to be removed to the nearest joint per section 401 SSPWC.
The contract unit price paid for this bid item shall constitute full compensation to remove existing
curb and gutter in accordance with the plans and contract documents. This includes, but is not
limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and
at, my- Revised 6/15/17 Contract No 6070 Page 109 of 143
removing and replacing pavement adjacent to curb ramp.
Curb (Type B-3) (Bid Item No. 10) Lineal Feet
The contract unit price paid for this bid item shall constitute full compensation to Type B-3 Curb
in accordance with the specifications and contract documents. This includes, but is not limited to,
surveying, connections, excavation, forming, backfill, base material, compaction, removal of
debris and removing existing sidewalk and roadway.
Cold Milling (Bid Item No. 11) Square Feet
Cold milling is to be performed per section 404 SSPWC. The contract unit price includes all labor,
materials, equipment and disposal of any debris necessary for completing the work in accordance
with the plans and contract documents.
Colored Stamped Concrete (Type 560-C-3250) (Bid Item No. 12) Square Feet
The contract unit price paid for this bid item shall constitute full compensation to furnish and install
Color Stamped Concrete for the traffic circles as shown on plans.
t 4ps,la . --1- Revised 6/15/17 Contract No. 6070 Page 110 of 143
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
Add the following section:
200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel,
or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances.
Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2
Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable
material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable
material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable
material is required and the class or kind is not specified, Class 1 permeable material shall be used.
The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise
shown on the plans the Contractor will be permitted to furnish and place any one of the types provided
for this class. The percentage composition by mass of permeable material in place shall conform to
the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B).
TABLE 200-1.2.2(A)
CLASS 1 PERMEABLE MATERIAL
Sieve Sizes
Percentage
Type A
Passing
Type B
50-mm (2")
--- 100
37.5-mm (11/2")
--- 95-100
19-mm (3/4")
100 50-100
12.5-mm (1/2")
95-100 ---
9.5-mm (3/8")
70-100 15-55
4.75-mm (No. 4)
0-55 0-25
2.36-mm (No. 8)
0-10 0-5
75-pm (no. 200) S 0-3 0-3
TABLE 200-1.2.2(B)
CLASS 2 PERMEABLE MATERIAL
Sieve Sizes
Percentage Passing
25-mm (1")
100
19-mm (3/4")
90-100
9.5-mm (3/8")
40-100
4.75-mm (No. 4)
25-40
2.36-mm (No. 8)
18-33
600-pm (No. 30)
5-15
300-pm (No. 50)
0-7
75-pm (no. 200)
0-3
1P‘'.
t awe Revised 6/15/17 Contract No. 6070 Page 111 of 143
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans
Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2
Aggregate Base and as specified herein.
Add the following section:
200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic
matter and other deleterious substances, and shall be of such nature that it can be compacted readily
under watering and rolling to form a firm, stable base. Aggregate may include material processed
from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base
or a combination of any of these materials.
Aggregate shall conform to the grading and quality requirements shown in the following tables. At the
option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be
used, except that once a grading is selected it shall not be changed without the Engineer's written
approval.
AGGREGATE GRADING REQUIREMENTS
Percentage Passing
Sieve Sizes
2"
11/2"
11/2" Maximum 3/4" Maximum
Operating
Range
100
90-100
Operating
Range
1"
100
3/4" 50-85 90-100
No. 4 25-45 35-60
No. 30 10-25 10-30
No. 200 2-9 2-9
QUALITY REQUIREMENTS
Operating
Tests Range
Resistance (R-value) 78 Min.
Sand Equivalent 25 Min.
Durability Index 35 Min.
The aggregate shall not be treated with lime, cement or other chemical material before the Durability
Index test is performed.
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for "Operating Range" but meet the "Contract Compliance" requirements,
placement of the aggregate base may be continued for the remainder of that day. However, another
day's work may not be started until tests, or other information, indicate to the satisfaction of the
Engineer that the next material to be used in the work will comply with the requirements specified for
"Operating Range."
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for "Contract Compliance," the aggregate base which is represented by these
tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the
aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for
such aggregate base left in place. The City may deduct this amount from any moneys due, or that
may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent
do not conform to the "Contract Compliance" requirements, only one adjustment shall apply.
410.
—1- Revised 6/15/17 Contract No. 6070 Page 112 of 143
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or
one day's production, whichever is smaller.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A) Modify as follows:
TABLE 201-1.1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction Concrete Maximum
Class Slump mm (Inches)
All Concrete Used Within the Right-of-Way 330-C-23 (2)
(560-C-3250) (1)
Trench Backfill Slurry 115-E-3 200 (8")
(190-E-400)
Street Light Foundations and Survey Monuments 330-C-23 100 (4")
(560-C-3250)
Traffic Signal Foundations 350-C-27 100 (4")
(590-C-3750)
Concreted-Rock Erosion Protection 310-C-17 per Table 300-11.3.1
(520-C-2500P)
(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 Materials.
201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored
admixtures developed for use in ready mixed concrete. The product shall be made of the highest
quality pigments, as well as other ingredients designed to enhance the color and improve the pigment
dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet
or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications
(salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of
architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete
surface and interior, and shall be highly UV and fade resistant.
Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see
product information bulletin). Provide sample panel submittals of all colors to be used in the installation
on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance
schedule for integral colored concrete.
Admixture for all integral colored concrete paving in medians, traffic circles, and other integral colored
concrete shall be the following:
Color: Dark Grey
tell Revised 6/15/17 Contract No. 6070 Page 113 of 143
Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these
Supplemental Provisions for Concrete Curing Materials.
Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal
L.M. Scofield Company
6533 Bandini Boulevard
Los Angeles, CA 90040
1-800-800-9900
Admixture products and procedures for installation shall be in strict accordance with the
manufacturer's specifications and recommendations, and those published by the American Concrete
Institute (ACI) and the Portland Cement Association (PCA).
201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air
content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage
points. The air content of freshly mixed concrete will be determined by California Test Method No.
504.
Add the following:
201-1.6 Finish: To match existing median paving.
Add the following:
201-1.7 Miscellaneous Concrete Finishing Products.
201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure
Concrete Sealer or approved equal)
Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural
concrete.
Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and
natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry
without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the
concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance.
Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of
the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per
manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied.
Concrete sealer shall conform to the following specifications:
Color: Clear, non-yellowing
Odor: Mild
Flash Point: None (C.O.C. method)
Specific Gray.:1.03
Density: 8.6 pounds per gallon
Drying Time: 30 minutes to 60 minutes
Cure Time: 24 to 48 hours
VOC Content: None (0 g/l) excluding water
Polymer Type: Proprietary Reactive Resin System
Coverages (approximate):
Smooth Concrete: 300 to 400 square feet per gallon
Rough Concrete: 200 to 300 square feet per gallon
4,11e
fal: Revised 6/15/17 Contract No. 6070 Page 114 of 143
Note: Coverages vary depending on porosity and condition of surface and method of
application.
Method of: Airless sprayer.
Application
Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal
L.M. Scofield Company
6533 Bandini Boulevard
Los Angeles, CA 90040
1-800-800-9900
All materials shall be furnished, prepared, applied, cured, and stored according to the product
manufacturer's direction.
201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air
content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage
points. The air content of freshly mixed concrete will be determined by California Test Method No.
504.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following:
All finished concrete surfaces shall have a 1/2" continuous expansion joint at locations indicated on the
plans and notes and shall be located either parallel to perpendicular to the curb line. When not
otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type
"A" and colored to match the color of the concrete surface.
Contractor shall provide joint sealants that have been produced and installed to establish and to
maintain watertight and airtight continuous seals without causing staining or deterioration of joint
substrates.
Contractor shall submit product data from the manufacturer of each joint sealant product required,
including instructions for joint preparation and joint sealer application. Contractor shall also submit
samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of
strips of actual products showing full range of colors available, for each product exposed to view.
Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type
is to be used) of each sealant.
Contractor shall engage an experienced installer who has completed joint sealant applications similar
in material, design and extent to that indicated for Project that have resulted in construction with a
record of successful in-service performance.
Provide joint sealants, joint fillers, and other related materials that are compatible with one another
and with joint substrates under conditions of service and application, as demonstrated by sealant
manufacturer based on testing and field experience.
Provide color selections made by Engineer from manufacturer's full range of standard colors for
products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment
Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions.
Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide
manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant;
•‘' t w. —I- Revised 6/15/17 Contract No. 6070 Page 115 of 143
complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-
sag, Type II.
Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal
Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer.
Provide sealant backings of material and type that are nonstaining; are compatible with joint
substrates, sealants, primers and other joint fillers; and are approved for applications indicated by
sealant manufacturer based on field experience and laboratory testing.
Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing,
nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell
polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.
Polystyrene foam is not acceptable.
201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form
at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F).
Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete
and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt
shall be as per Table 201-3.7(A).
TABLE 201-3.7(A)
CURED HOT-MELT RUBBERIZED ASPHALT
Property Measuring Standard (ASTM
Designation)
Results Conditions
Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 s
Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max.
Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C
Softening Point, ASTM D 36 82 °C, min.
Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min
Flash Point, COO, °C ASTM D 92 288 °C, min.
Viscosity, Brookfield
Thermoset,
ASTM D 4402 2.5-3.5 Pa.s No. 27 Spindle, 20
rpm, 190°C,
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
ADD the following:
203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance
with the mix design when the Asphalt Binder content is within +1-0.5% of the design mix and the
gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be
considered in conformance with the mix design provided the stability of the completed mix complies
with the requirements for Stabilometer Value per Table 203-6.4.3 (A)
Plant inspected asphalt concrete will be considered in conformance with the mix design when visually
inspected and the combined gradation of the Bin samples show conformance to the grading as shown
in Table 203-6.4.3 (A).
4". tat Revised 6/15/17 Contract No 6070 Page 116 of 143
203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class
C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall
be class D2-PG70-10 for dikes and class E-PG70-10 ditches.
203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be
determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by
core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms
the production of a particular mix design and verifies using samples of aggregate taken before the
addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test
125.
When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size
samples shall be taken to ensure representative and adequate quantity of material for:
1.Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif.
Test 202.
2.Stability using:
a.Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three
individual Values
or
b.Marshall Stability' in accordance with the Asphalt Institute's MS-2 fabricated and tested
for traffic volume and shall be the average of three specimens.
lOnly use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than
+/-5.
When using core sample analysis, the samples must be properly prepared to safeguard against influx
of outside contaminates and so that the cut surfaces do not influence the test results.
203-6.8 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete
stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be
used in the work.
203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS
203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap
Graded class ARHM-GG-C.
SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES
204-1 LUMBER AND PLYWOOD
TABLE 204-1.2(A) add the following:
ar- Revised 6/15/17 Contract No. 6070 Page 117 of 143
USES GRADES
Headers for bituminous pavement up to 50 mm x
100 mm (2"x4")
Headers for bituminous pavement larger than 50
mm x 100 mm (2"x4")
Construction grade Redwood or preservative
treated construction grade Douglas Fir
Number 1 grade Redwood, or preservative
treated number 1 grade Douglas Fir
TABLE 204-1.2(A)
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in
accordance with details shown on the plans, the California Sign Specifications and these special
provisions. Permanent and temporary signs shall be free from blemishes that may affect the
serviceability and detract from the general sign color and appearance when viewing during daytime
and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth,
and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles.
The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges,
loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks.
206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the
back of each sign where the notation shall not be blocked by the sign post or frame:
A.PROPERTY OF THE CITY OF CARLSBAD,
B.Name of the sign manufacturer,
C.Month and year of fabrication,
D.Type of retroreflective sheeting, and
E.Manufacturer's identification and lot number of retroreflective sheeting.
The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters
and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs.
Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied
without damaging the finish of the sign.
206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign
Specifications. The date of approval shall be the date most closely preceding the date of manufacture
of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent.
206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be
fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic
cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956
and conforming to the requirements of these special provisions.
206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM
Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449.
The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly
adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class
2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process,
4/11.•
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the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet
aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold-rolled
steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the
sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage
cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters
in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces
and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel
perforated tubing when multiple posts are used.
206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel
perforated tubing posts as shown on San Diego Regional Standard drawing M-45.
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 portable
signs.
206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance
with details shown on the plans, the California Sign Specifications and these special provisions.
Permanent and temporary signs shall be free from blemishes that may affect the serviceability and
detract from the general sign color and appearance when viewing during daytime and nighttime from
a distance of 25 feet. The face of each finished sign shall be uniform, 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 manufacture
of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent.
206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be
fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic
cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956
and conforming to the requirements of these special provisions.
206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM
Designation B209. Sheet aluminium shall be pretreated in accordance to ASTM Designation B449.
The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly
adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class
2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process,
the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet
aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.2.6 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
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(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 tubing
used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be
cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to
ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching
operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four
faces with 11mm (7/16") holes on 25 mm (1") centers.
Add the following section:
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm
(+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a
tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness
tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0mm
(5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60
mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive
size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64")
on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the
following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed
in tables 206-8.2 (A) and 206-8.2(B).
t.4, Revised 6/15/17 Contract No. 6070 Page 120 of 143
TABLE 206-8.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
Nominal Outside Dimensions
mm (inches)
Outside Tolerance for All Sides at Corners
mm (inches)
25 x 25 (1 x 1) 0.13 0.005
32 x 32 (11/4 x 11/4) 0.15 0.006
38 x 38 (11/2 X 11/0 0.15 0.006
44 x 44 (13/4 X 13/4) 0.20 0.008
51 x 51 (2 x 2) 0.20 0.008
56 x 56 (23/16 x 23/16) 0.25 0.010
57 x 57 (21/4 x 21/4) 0.25 0.010
64 x 64 (21/2 x 21/2) 0.25 0.010
51 x 76 (2 x 3) 0.25 0.010
TABLE 206-8.2(B)
LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST
Nominal Outside Dimension
mm (Inches)
Squareness(1)
mm (Inches)
Twist Permissible
mm(2) in 900 mm (3")
(Inches)(2)
0.050 25 x 25 (1 x 1) 0.15 0.006 1.3
32 x 32 (1-1/4 X 1 -1/4) 0.18 0.007 1.3 0.050
38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050
44 x 44 (1-3/4 X 1-3/4 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 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062
57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062
64 x 64 (2-1/2 x 2-1/2) 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 III
Add the following section:
206-9 PORTABLE CHANGEABLE MESSAGE SIGN
Add the following section:
206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller
unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall
be assembled to form a complete self-contained portable changeable message sign, which can be
delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall
be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and
shall not be affected by unauthorized mobile radio transmissions.
The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with
the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5')
fel: Revised 6/15/17 Contract No. 6070 Page 121 of 143
above the ground. After initial placement, PCMS shall be moved from location to location as directed
by the Engineer
Add the following section:
206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of
460 m (1500') and shall be legible from a distance of 230 m (7501 at noon on a cloudless day, by
persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less
than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The
sign face shall be flat black and shall be protected from glare of the sun by a method which does not
interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a
power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.
Lamp matrix type signs shall be equipped with an automatic dimming operational mode that
automatically compensates for the influence of a temporary light source or other abnormal lighting
conditions. The sign shall have manual dimming operation modes of 3 or more different lamp
intensities.
Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at
least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator
to perform all functions from one position. A keyboard entry system shall be provided to allow an
operator to generate an infinite number of additional messages over the pre-programmed stored
messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized
use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created
messages in memory during periods when the power is not activated. The controller shall provide for
a variable message display rate which allows the operator to match the information display to the
speed of the approaching traffic. The flashing off time shall be operator adjustable within the control
cabinet.
Add the following section:
206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained
at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be
diligently maintained and repaired by the Contractor throughout the project in accordance with the
manufacturer's recommendations. When ownership is transferred to the City (at the end of the job),
it must be demonstrated to be in good working condition, and meet the provisions of these
specifications, including current registration.
Add the following section:
206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved
in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to
location, and delivery of the signs to the City at the completion of the construction, in good working
order, and as directed by the Engineer, and no other compensation will be made.
SECTION 207 - PIPE
207-2 REINFORCED CONCRETE PIPE.
207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of
the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C
361-95 and C 443-94.
4pir
ta w. Revised 6/15/17 Contract No. 6070 Page 122 of 143
Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the
soffit shall be bell and groove spigot joint with "0" rings conforming to ASTM C-443 and C-361 for the
limits shown on the plans.
207-9 IRON PIPE AND FITTINGS
B. Joints and accessories shall conform to the requirements and dimensions specified in ANSI
A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWVVA C111 and ANSI
A21.11-90.
207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in
accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size
and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through
6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50.
207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe
and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM
0150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils.
thick in accordance with AWWA 0151 or 0100.
207-10 STEEL PIPE
add the following:
207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad
Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed)
Water Mains, latest edition.
207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3,
Submittals Shop Drawings. Submittals are required for the following:
Shop Drawings Layout Drawings
Manufacturer's tests Mill Reports or Plant Test Reports
Fabrication Details Dimensional Checks
Protective Coatings Welding Procedures/Certification for Field Welding
Shop Drawings shall be submitted and approved prior to manufacture of pipe.
207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME
Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit
a copy of their certification to the District prior to performing any field welding. Certifications shall be
dated within three (3) years of the job to be performed.
The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy
identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location
of the pipe item by reference to the layout schedule.
207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or
above ground shall be cement-mortar lined in accordance with AVVVVA 0205 and 0602 and painted
in accordance with CMWD Approved Materials List.
All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and
cement-mortar coated in accordance with AWWA 0205, 0214 and 0602 unless otherwise specified
on the Drawings.
Add the following section:
t Or- Revised 6/15/17 Contract No. 6070 Page 123 of 143
207-25 UNDERGROUND UTILITY MARKING TAPE.
Add the following section:
207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking
Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG),
0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated
together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the
edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility
Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B).
TABLE 207-25.1(A)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPER I IES
Property Method Value
Thickness ASTM D2103 0114 mm (0.0056")
Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI)
Elongation ASTM D882-88 <50 percent at break
Printability ASTM D2578 >50 dynes/square centimeter
Flexibility ASTM D671-81 Pliable hand
Inks Manufacturing specifications Heat-set Mylex
Message repeat Manufacturing specifications Every 500 mm(20")
Foil Manufacturing specifications Dead soft/annealed
Top layer Manufacturing specifications Virgin PET
Bottom layer Manufacturing specifications Virgin LDPE
Adhesives Manufacturing specifications >30 percent, solid 1.5#/R
Bond strength Boiling H20 at 100 degrees Celsius Five hours without peel
Colors APWA Code See Table 207-25.1 (B)
TABLE 207-25.1(B)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS
Color Utility Marked
Red Electric power, distribution, transmission, and municipal electric systems.
Yellow Gas and oil distribution and transmission, dangerous materials, product and steam.
Orange Telephone and telegraph systems, police and fire communications, and cable television.
Blue Water systems.
Green Sanitary and storm sewer systems, nonpotable.
Brown Force mains.
Purple Reclaimed water lines.
Add the following section:
207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the
requirements of each of the following agency/association publications.
A.Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety.
USAS code for pressure piping B31.8, paragraph 192.321(e).
B.National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage
to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1.
C.American Petroleum Institute (API). Recommended practice for marking buried liquid
petroleum pipelines - APR RP 1109.
4,
t .1- Revised 6/15/17 Contract No. 6070 Page 124 of 143
D. General Services Administration, Washington, DC, Public Buildings Service Guide
Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14,
Paragraph 18, Subparagraph 18.1, Clause 18.1.1.
Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National
Electrical Safety Code for Underground Construction for remote and immediate hazards.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
210-1.6 Paint Systems. Add the following to Table 210-1.5(A)
TABLE 210-1.5 A
Surface to be Painted Pre-reatment / Surface
Preparation
Primer Finish Coats
Temporary Railing type (K) Abrasive Blast Cleaning to a
Roughened, Textured Appearance
None Two coats white Acrylic
Emulsion Paint (1)
(1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects
to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be
tinted by using "universal" or "all purpose" concentrates.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint
for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and
curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for
pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and
stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass
beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic
material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II).
CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be
obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, 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 fabrication into the largest
practical sections.
At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before
fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation
Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except
that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per 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).
tat —1- Revised 6/15/17 Contract No. 6070 Page 125 of 143
Type Manufacturer of Distributor
Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma,
WA 98424,
(877) 335-4638
TOM- Temporary Overlay
Markers
Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53.
Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts.
Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling,
bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to
remove all slab or other material that would interfere with the adherence of the zinc. When it is
necessary to straighten any sections after galvanizing, the work shall be performed without damage
to the zinc coating.
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 assemblies shall be
galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used
with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the
requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A
563M. When specified, 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 (organic vehicle type) conforming to the provisions in Section
210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used.
SECTION 214 PAVEMENT MARKERS
214-6 REFLECTIVE PAVEMENT MARKERS
Add the following section:
214-6.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the
plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or equal
thereto.
TABLE 214-6.1(A)
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Add the following section:
14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted
type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective
channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective
sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in
size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam
headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the
types shown in Table 214-5.2(A), or equal thereto.
2 4pir t,4 Revised 6/15/17 Contract No. 6070 Page 126 of 143
TABLE 214-5.2(A)
REFLECTIVE CHANNELIZER
Type Manufacturer of Distributor
Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc.
35 East Wacker Drive, Suite 1100
Chicago, IL 60602
(800) 537-8958
Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC
605 Bob Gifford Boulevard
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 2-5.3.3 "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.
•‘, t 411 Revised 6/15/17 Contract No. 6070 Page 127 of 143
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. add the following to the third paragraph: During surface clearing operations, the
Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor
cannot successfully separate the plant growth from the surface soil and advertently or inadvertently
mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed
from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic
or other objectionable materials and importing soil to replace said contaminated soil shall be borne by
the Contractor and no additional payment therefore shall be made to the Contractor.
300-13 STORM WATER POLLUTION PREVENTION PLAN
Add the following section:
300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention
work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter
referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook"
Standard Specifications for Public Works Construction, the requirements in the California Storm Water
Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"),
the requirements of the Permit, the requirements in the plans and these supplemental provisions.
300-13.1.1 SWPPP Document
Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the
SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor
will be provided the digital format for SWPPP to complete required sections. If revisions are required,
as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days
of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions.
Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the
required changes, shall be submitted to the Engineer. In order to allow construction activities to
proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being
completed.
The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality
of storm water discharges associated with the project and to identify, construct, implement and
maintain storm water pollution prevention measures, hereafter referred to as control measures, to
reduce to the extent feasible pollutants in storm water discharges from the construction site both during
and after construction is completed under this contract.
The SWPPP shall incorporate control measures in the following categories:
1.Soil stabilization practices;
2.Sediment control practices;
1%
Revised 6/15/17 Contract No. 6070 Page 128 of 143
3.Wind erosion control practices; and
4.Non-storm water management and waste management and disposal control practices.
Specific objectives and minimum requirements for each category of control measures are contained
in the Handbook.
The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities
outlined in the SWPPP.
The SWPPP shall include, but not be limited to, the following items as described in the SWPPP:
1.Source Identification;
2.Erosion and Sediment Controls;
3.Non-Storm Water Management;
4.Waste Management and Disposal;
5.Maintenance, Inspection and Repair;
6.Training;
7.List of Contractors and Subcontractors;
8.Post-Construction Storm Water Management;
9.Preparer;
10.Copy of the local permit;
11.BMP Consideration Checklist;
12.SWPPP Checklist;
13.Schedule of Values; and
14.Storm Water Pollution Prevention Drawings.
The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change
in construction activities or operations which may affect the discharge of significant quantities of
pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed
necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of
the Permit, or has not effectively achieved the objective of reducing pollutants in storm water
discharges. Amendments shall show additional control measures or revised operations, including
those in areas not shown in the initially accepted SWPPP, which are required on the project to control
water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance
by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted
amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the
Contractor shall implement the additional control measures or revised operations.
The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project
site. The SWPPP shall be made available upon request of a representative of the Regional Water
Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency
or local storm water management agency. Requests by the public shall be directed to the Engineer.
By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating
compliance with the requirements governing the Permit. If the project is in non-compliance at any
time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-
compliance.
Add the following section:
300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a
template for the required SWPPP document will be made available for use at the Contractor's option,
at no cost to the Contractor. The document is available for review in Appendix B. The Contractor
A.e. III" Revised 6/15/17 Contract No. 6070 Page 129 of 143
shall review the template and modify it as necessary to reflect the Contractor's operations.
Add the following section:
300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered
incidental to the items of work and no additional payment will be made therefore.
Add the following section:
300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be
responsible throughout the duration of the project for installing, constructing, inspecting and
maintaining the control measures included in the SWPPP and any amendments thereto and for
removing and disposing of temporary control measures. Unless otherwise directed by the Engineer
or specified in these supplemental provisions, the Contractor's responsibility for SWPPP
implementation shall continue throughout any temporary suspension of work ordered in accordance
with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection,
maintenance, removal and disposal of control measures are specified in the "Handbook" and these
supplemental provisions.
Soil stabilization practices and sediment control measures, including minimum requirements, shall be
provided throughout the winter season, defined as between October 1 and April 30.
Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas
of the project site shall be completed, except as provided for below, no later than 20 days prior to the
beginning of the winter season or upon start of applicable construction activities for projects which
begin either during or within 20 days of the winter season.
The Contractor shall implement, year-round and throughout the duration of the project, control
measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management
and waste management and disposal.
The Engineer may order the suspension of construction operations, at the Contractor's cost, which
create water pollution if the Contractor fails to conform to the requirements of this section as
determined by the Engineer.
Add the following section:
300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures,
the Contractor shall regularly inspect and maintain the construction site for the control measures
identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address
any damaged measures or reinitiate any measures that have been discontinued.
The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the
necessary measures are being properly implemented, and to ensure that the control measures are
functioning adequately. The Contractor shall submit one copy of each site inspection record to the
Engineer, within two days of the inspection.
During the winter season, inspections of the construction site shall be conducted by the Contractor to
identify deficient measures, as follows:
1.When the five-day rain probability forecast exceeds forty percent (40%).
2.After any precipitation which causes runoff capable of carrying sediment from the construction site;
3.At 24 hour intervals during extended precipitation events; and
4.Routinely, at a minimum of once every week.
Revised 6/15/17 Contract No. 6070 Page 130 of 143
lithe Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified
control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date
and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the
onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost
to the City.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade.
Modify the second and third paragraphs as follows: Change each instance reading "150mm (6
inches)" to "300 mm (12")".
301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor
shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase
material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk
constructed over them to no less than 95 percent maximum dry density as determined by ASTM test
D-1557-91.
301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be
included in the contract bid price for which the subgrade is prepared and shall include all labor,
materials; including water, operations and equipment to scarify, adjust moisture, compact or
recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be
allowed.
SECTION 302 - ROADWAY SURFACING
Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted
in Section 300-1 Clearing and Grubbing — so as to provide a clear travel way during the construction
of the roadway resurfacing.
The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post
emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the
street. Allowance for the two day period shall be shown in the schedule required per section 6-1.
Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of
the areas to be surfaced and no extra payment will be made therefore.
Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent
damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The
trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400.
At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all
property addresses within 500' of the work. Obtaining the appropriate addresses shall be the
contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate
information specific to the work inserted at the locations indicated in the brackets and italicized.
•‘'
toot Revised 6/15/17 Contract No. 6070 Page 131 of 143
(Name of Contractor)
(Address of Contractor)
(Contractor's License Number)
(Date)
As a part of the City of Carlsbad's ongoing program to maintain its streets, your
street will be (insert type of resurfacingwork), beginning in two or three weeks.
This process requires that your street be closed for (X hours) starting at 7:00 a.m.
and continuing until the Contractor removes the traffic control devices. You will
be notified 72 hours in advance of the day your street will be closed by a brightly
colored 3 1/2" x 8 1/2" card attached to your doorknob. You will also notice
temporary no parking signs on your street with a specific no parking date written
on it.
A successful street maintenance program depends on your cooperation. Please
do not drive, walk, play, skate or allow pets on the street until it is opened by the
Contractor. Furthermore, please do not wash your car or turn on any sprinklers
while you are waiting. If you don't plan to leave your home before 7:00 a.m. on the
day your street will be surfaced(insert type of work), and you need to use your
vehicle later in the day, please park your car on an adjacent street in your
neighborhood that is not signed as a no parking zone. When walking to and from
your car, remember not to walk on the newly surfaced street or you may have
black residue on the bottom of your shoes. The residue may damage some
surfaces, may mark surfaces that you track it on, and may be very difficult to
remove.
(Name of Contractor) is the Contractor that will be performing the resurfacing
work for the City and you may call them at (24 hour per day attended telephone
number in the 760 area code) for any questions you may have about the project.
On the day your street is surfaced mail delivery may be delayed until the next day.
You will not know the exact date your street will be closed until you receive the
3 1/2" x 8 1/2" card. If you have a moving company scheduled to come to your house
within the next two weeks, please call and inform the Contractor of the date. If
you have any concerns which are not addressed by the Contractor, please call the
City's Engineering Inspection Department at 602-2780. They will assist you in
resolving the concerns.
The City of Carlsbad has some of the finest streets in the county due to the
concern and cooperation of citizens like you. Your cooperation is greatly
appreciated."
Revised 6/15/17 Contract No 6070 Page 132 of 143
During operations, the Contractor's schedule for resurfacing shall be designed to provide residents
and business owners sufficient paved parking within an 800 foot distance from their homes or
businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected street
or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the notification which shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional 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 a representative of the Contractor who is
knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code.
An answering machine shall not be connected to either number. The notification shall also give a brief
description of the work and simple instructions to the home or business owner on what they need to
do to facilitate the construction. The Contractor shall submit the contents of the notification to the
Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices
shall be as shown on the example provided in Appendix "A", with the day of the week circled and
appropriate information specific to the work inserted at the locations indicated in the italicized font.
The preparation, materials, printing and distribution of the notifications shall be included in the contract
price bid for Traffic Control and the Contractor will not be entitled to any additional compensation for
printing and distributing these notices.
302-5 ASPHALT CONCRETE PAVEMENT.
Add the following:
302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all
structures and vertical joints in the cold-milled area which are transverse to through traffic with
temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed
the same day as cold milling and removed the same day as permanent paving. Ramp dimensions
and compaction shall be as approved by the Engineer.
302-6.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph,
add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt
concrete surface course with an automatic screed control for surface course paving. The automatic
screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an
operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup
paving during all paving operations.
Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which
reference windrow operations. Add the following sentence in place of the deleted sentence and
subsequent subsections: The use of windrow operations shall not be allowed.
302-6.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling
procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise
directed by the Engineer.
Revised 6/15/17 Contract No. 6070 Page 133 of 143
modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial
breakdown rolling shall be followed by a pneumatic-tired roller as described in this section.
302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following:
When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes
sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey
monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay.
Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly
cleaned of any and all construction debris which may have entered due to the Contractor's operation.
The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or
CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be
adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD
D-10. Riser rings or extensions shall not be used for the adjustment of these appurtenances.
Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit
price per each as shown in the Bid. Such price shall constitute full compensation for all labor,
materials, and equipment necessary for completing the work as described in these specifications and
plans.
302-5.9 Measurement and Payment. add the following: Payment for "aAsphalt cConcrete" shall be
at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter.
Add the following section:
302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION
Add the following section.
302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and
restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting,
removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction
of existing subgrade in conformance with section 301-1, grading and compaction of base material in
conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of
asphalt concrete base and wearing courses as specified herein
Add the following section.
302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of
removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1') below existing asphalt
surface and placing replacing the material so removed with asphalt concrete. The area shown on the
plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in
the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining
the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular
areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic.
The excavated faces of the base/subgrade shall be straight and vertical. The Contractor shall compact
the upper 300mm (1') of subgrade to 95% relative compaction. A tack coat of SS-1h emulsified
asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 L/m2 to
0.45 L/m2 (0.05 to 0.10gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The
Contractor shall fill and compact areas designated to be removed with 300 mm (1.0') full depth asphalt
concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt
concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2
SSPWC.
Add the following section.
302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated
to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall
•S'
tost Revised 6/15/17 Contract No. 6070 Page 134 of 143
conform to the requirements of ASTM D1190. The Contractor shall dispose debris from crack cleaning
outside the public way in accordance with Section 7-8.1, "Cleanup and Dust Control." The hot-melt
rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the
heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be
made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface
temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-
site in unopened containers that are clearly marked with data showing the manufacturer's name, the
product designation and the manufacturer's batch number and lot numbers. The level of the sealant
shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the
crack with a minimum overlap onto adjacent pavement.
Add the following section:
302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack
sealing set forth in the bid item are for estimating purposes only, final quantity will be as designated
and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt
concrete patch and crack sealant application areas. Payment for resurfacing shall include post
emergent herbicide treatment. Full compensation for conforming to the requirements of constructing
full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools,
equipment, and materials necessary for doing the work including, saw cutting and removing and
disposing 300 mm (1') thick section of existing asphalt concrete, aggregate base/subbase and
basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase
and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental to full depth
asphalt concrete patch shall be considered as included in the contract unit price bid for full depth
asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation
for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all
labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway
clean up, application of sealant, removal of excess sealant and all other work incidental to crack
sealing shall be considered as included in the contract unit price bid and no additional compensation
will be allowed therefore.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-1 CONCRETE STRUCTURES
Add the following section:
303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for
concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface
finish shall be a rough rake finish approved by the Engineer.
303-2 AIR-PLACED CONCRETE.
303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace
stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh.
Add the following section:
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS.
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high
block letters directly above the point that it is crossed by underground facilities with the marking
t 4.I '
Revised 6/15/17 Contract No. 6070 Page 135 of 143
specified in Table 303-5.5.2(A)
TABLE 303-5.5.2(A)
Curb Face Markings
Type of underground facilities Marking
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve RW
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be
considered as continuing across driveways and access ramps when constructed adjacent thereto.
Neither curb and gutter nor curb will be paid for across the length of local depressions, except that
which occurs in gutter transitions at each side of an inlet.
303-6 STAMPED CONCRETE.
303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6"x6" — 10 guage wire mesh
throughout.
Add the following:
303-6.5 Medians and Traffic Cirlces- Use color application method "B" (Integral color). Color shall
be per Section 201-1.2.4(a). The pattern shall be riverstone (Bomanite or approved equal).
Add the following:
303-6.6 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid
under the contract unit price bid per square foot for median concrete paving. Said payment shall
include compensation for all excavation, grading, backfill, permeable material, forming, mesh,
reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct
the specific paving.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision
necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks,
and other designated markings in accordance with the Plans, or for approved temporary detours
essential for safe control of traffic through and around the construction site. The Contractor shall
remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public.
When temporary detour striping or markings are no longer required, they shall be removed prior to
painting the new traffic stripes or markings.
310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall
provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary
traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or
that may be confusing to the public. The surface produced by grinding the existing or temporary traffic
striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm
(1/8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (1/4") in 3
m (10') when measured perpendicular to the centerline of the street. The use of any equipment that
leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and
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equipment capable of providing acceptable surface shall be furnished by the Contractor. This
equipment shall meet all requirements of the air pollution control district having jurisdiction.
310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor
shall remove all existing markings and striping, either permanent or temporary, which are to be
abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by
high velocity water jet may be permitted when there is neither potential of the water and detritus from
the high velocity water jetting to damage vehicles or private property nor to flow from the street into
any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum
all water and detritus resulting from high velocity water jet striping removal from the pavement
immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the
storm drain system or to leave the pavement surface. Surface variation limitations for high velocity
water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet
sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer.
Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other
than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted.
310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor
shall establish the necessary control points for all required pavement striping and markings by
surveying methods. No layout of traffic striping shall be performed by the Contractor before
establishment of the necessary control points. The Contractor shall establish all traffic striping
between these points by string line or other method to provide striping that will vary less than 80mm
per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight
stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting
the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course
asphalt and as the work progresses.
310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply
the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor
shall paint the ends of each median nose yellow.
Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one
coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly
visible both day and night.
310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary
traffic striping, curb markings and pavement markings as shown on the plans and required by the
specifications are a part ofshall be included in the lump-sum item for "Signing and Striping"price bid
for temporary and final traffic striping, and no additional compensation will be allowed therefore.
Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and
no additional compensation will be allowed therefore. The lump sum prices bid and shall include all
labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary
traffic striping.
Add the following Section;
310-7 PERMANENT SIGNING
Add the following Section:
310-7.1 General. Add the following section: The Contractor shall provide and install all permanent
traffic control signs at locations shown on plans and as specified herein.
Add the following section:
310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the
plans or required in the specifications are a part of the lump-sum item for "Signing and Striping"
tost Revised 6/15/17 Contract No. 6070 Page 137 of 143
permanent signing and payment therefore shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals and for doing allY the work involved in supplying and
installing permanent signing and appurtenances, complete in place, as shown on the plans, as
specified in the Standard Specification and these special provisions, and as directed by the Engineer.
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT.
Add the following to the third paragraph:
4) When being installed on asphalt concrete pavement sooner than 14 days after placement
of the asphalt concrete pavement course on which the pavement markers are to be placed.
Add the following section:
312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove
reflective channelizers the same as for pavement marker placement and removal. The Contractor
shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved
alignment to the same tolerances of position as for application of paint in section 310-5.6.8.
The Contractor shall perform all layout work necessary to place the channelizers to the proper
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 Contractor.
When reflective channelizers are removed the pavement surface shall be restored to the same color
and surface finish as the adjacent pavement.
SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which
conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The
Contractor shall use temporary reflective raised pavement markers for temporary pavement marking,
except when the temporary pavement markers are used to replace patterns of temporary traffic stripe
that will be in place for less than 30 days. Reflective pavement markers used in place of the
removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement
and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt
concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive
shall not be used to place pavement markers in areas where removal of the markers will be required.
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Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special 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 312-1, "Placement."
Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the
alignment and location shown on the plans and as directed by the Engineer. The channelizers shall
be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout
work necessary to place the channelizers to the proper alignment shall be performed by the
Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause,
the channelizers shall immediately be replaced or restored to their original location, by the Contractor.
The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply
with the plans and specifications and conform to the prequalified design and material requirements
approved by the Engineer and were manufactured in accordance with a quality control program
approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately replace
the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs
used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore
graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking
being discovered during non-working hours or, when the marking is discovered during working hours,
within 2 hours of such discovery of marking.
Add the following section:
313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS.
Add the following section:
313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of
interconnected new or undamaged used precast concrete barrier units as shown on the plans.
Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled
crash cushions units as shown on the plans.
313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall
be freshly coated with a white color paint prior to their first use on the project. The paint shall conform
to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be
responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours.
The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire
or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance
of said units when ordered by the Engineer after the units are in place.
Add the following section.
313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary
t 1111- Revised 6/15/17 Contract No. 6070 Page 139 of 143
railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to
manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland
Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance
will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland
Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete
panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM
Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting
bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a
minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on
the upper end with a 5-mm (3/10 fillet weld. The final surface finish of temporary railings (Type K)
shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of
concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented
curing compound method. The pigmented curing compound shall be type 2 curing compound.
Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo
shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom
of the rail panel.
Add the following section.
313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary
railing (Type K) shall be installed per CALTRANS Standard Drawing 13. Temporary railing (Type K)
shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing
throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and
maintained in alignment without substantial offset to each other. The precast concrete units shall be
positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed
within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the
Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel
conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform
Traffic Control Devices (MUTCD) latest edition as amended by the MUTCD California Supplement
shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at
the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a
skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker
panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on
the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When
temporary railings (Type K) are removed, any area where temporary excavation or embankment was
used to accommodate the temporary railing shall be restored to its previous condition, or constructed
to its planned condition.
Add the following section:
313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall
be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules"
manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of
any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS
and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features
will be suitability to application, operational characteristics, durability and other such characteristics
that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type
and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing
(Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or
less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per
CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the
street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC
array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P
marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual
on Uniform Traffic Control Devices (MUTCD) latest edition as amended by the MUTCD California
Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard
Drawings 1-1 and T2. Particular care shall be taken to assure that crash cushions are installed with
the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the
temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF
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array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will
travel on a vertical alignment parallel to the segment of the travel lane that it departed from.
Add the following section:
313-4 MEASUREMENT AND PAYMENT.
Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing
(type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or
required in the specifications are a part of the lump-sum item for "Traffic and Pedestrian Control Plan"
and payment therefore shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and
removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions
and appurtenances, complete in place, as shown on the plans, as specified in the Standard
Specification and these special provisions, and as directed by the Engineer. Payment for temporary
crash cushions, concrete barriers and the signs and reflectors marking them shall include the
installation, grading for installation, grading for the approach path, maintenance, painting and re-
painting, replacement of damaged units and removal and shall also be included in the lump-sum price
bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when
not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work,
SSPWC.
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES
600-3 Rubberized Emulsion - Aggregate Slurry
600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be
Type I Slurry Aggregate.
600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the
provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement
Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied.
The Contractor shall remove all existing markings, legends and striping, either permanent or
temporary in those areas to be slurried. Removal of striping by high velocity water jet may be permitted
when there is neither potential of the water and detritus from the high velocity water jetting to damage
vehicles or private property nor to flow from the street into any storm drain or water course and when
approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high
velocity water jet striping removal from the pavement immediately after the water jetting and shall not
allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement
surface. Surface variation limitations for high velocity water jet striping removal shall be the same as
for grinding. The Contractor shall not use dry or wet sandblasting in any areas.
tei, Revised 6/15/17 Contract No. 6070 Page 141 of 143
All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or
plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two)
working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule
required per section 6-1. Contractor shall remove any visible plant growth prior to placement of
Herbicide.
Full compensation for removal of striping and herbicide application shall include but not be limited to:
furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be
considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and
no additional compensation will be allowed therefore.
600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public
Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material
allowed on City right-of-way.
Revised 6/15/17 Contract No. 6070 Page 142 of 143
•
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)XXX-XXXX
FIELD # (760)X0ON000(
Dear resident:
As a part of the City of Carlsbad's ongoing program to
maintain its streets, your street will be resurfaced with
asphalt concrete over the existing roadway surface.
This construction will require the closing of your street
to through traffic for one day. Your street, from XYZ
St. to DEF Ave. will be closed to through traffic and
resurfaced on:
MON. TUE. WED. THU. FRI.
DATE: XX /XX / XX
from 7:00A.M. to 5:00 P.M.
If you don't plan to leave your home by 7:00 A.M. on
the above date please park your car on an adjacent
street in your neighborhood that will not be resurfaced.
Streets scheduled for resurfacing can be determined
by calling either the Contractor or the City of
Carlsbad's Project Inspector. When walking to and
from your car, remember not to walk on the newly
overlaid street or you will have black residue on the
bottom of your shoes. Please do not drive, walk on,
walk pets, play, or skate on the newly overlaid asphalt.
Also, please refrain from watering your lawns, washing
cars, etc., approximately 6-8 hours after the asphalt is
laid as running water will cause damage to the new
surface.
ABC is the Contractor that will be performing the
resurfacing work for the city and you may call them at
the above phone number if you have any questions
regarding the project. Resurfacing of your street will
not occur on the day your trash is collected.
Mail delivery may be delayed if the postman cannot
reach the mailbox that day. If you have a moving
company scheduled for that day please call and inform
the Contractor of the date. If you have any concerns
which cannot be addressed by the Contractor, you
may call the City's Project Inspector @ (xxx) x>c<-xxxx.
Thank you for your cooperation as we work to make a
better City of Carlsbad.
APPENDIX "A"
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