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LC Paving & Sealing Inc; 2022-03-25; PWS22-1582TRAN
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENTAL PROVISIONS FOR EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS -PHASE II CONTRACT NO. 6042 BID NO. PWS22-1582TRAN -Bidding ,, • .., Revised 6/12/18 Contract No. 6042 Page 1 of 157 TABLE OF CONTENTS 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 ....................................................................................................... 37 Faithful Performance/Warranty Bond ...................................................................................... 39 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. ..41 ,, .... Revised 6/12/18 Contract No. fill42 Page 2 of 157 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms ............................................................................................................. 44 Definitions ....................................................................................................... 44 Abbreviations .................................................................................................. 48 Units of Measure ............................................................................................ 51 Symbols .......................................................................................................... 52 Scope and Control of The Work Award and Execution of Contract.. ................................................................. 53 Assignment. .................................................................................................... 53 Subcontracts .................................................................................................. 53 Contract Bonds ............................................................................................... 54 Plans and Specifications ................................................................................ 55 Work to be Done ............................................................................................ 59 Subsurface Data ............................................................................................. 59 Right-of-Way .................................................................................................. 59 Surveying ....................................................................................................... 60 Authority of Board and Engineer ............................................ : ....................... 64 Inspection ....................................................................................................... 64 Changes in Work Changes Requested by the Contractor .......................................................... 65 Changes Initiated by the Agency .................................................................... 65 Extra Work ...................................................................................................... 66 Changed Conditions ....................................................................................... 69 Disputed Work ................................................................................................ 70 Control of Materials Materials and Workmanship ........................................................................... 76 Materials Transportation, Handling and Storage ............................................. 80 Utilities Location .......................................................................................................... 81 Protection ....................................................................................................... 81 Removal ......................................................................................................... 82 Relocation ...................................................................................................... 82 Delays ............................................................................................................ 83 Cooperation .................................................................................................... 83 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work ..................................... 84 Prosecution of Work ....................................................................................... 88 Suspension of Work ....................................................................................... 88 Default by Contractor ..................................................................................... 89 Termination of Contract .................... ., ....................................... : .................... 90 Delays and Extensions of Time ...................................................................... 90 Time of Completion ........................................................................................ 91 Completion, Acceptance, and Warranty ......................................................... 91 Liquidated Damages ...................................................................................... 92 ft \iJ Revised 6/12/18 Contract No. filM2 Page 3 of 157 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 9-4 Use of Improvement During Construction ...................................................... 92 Responsibilities of the Contractor Contractor's Equipment and Facilities ............................................................ 93 Labor .............................................................................................................. 93 Liability Insurance ........................................................................................... 93 Workers' Compensation Insurance ................................................................ 93 Permits ........................................................................................................... 94 The Contractor's Representative .................................................................... 94 Cooperation and Collateral Work ................................................................... 94 Project Site Maintenance ............................................................................... 95 Protection and Restoration of Existing lmprovements ..................................... 97 Public Convenience and Safety ..................................................................... 97 Patent Fees or Royalties .............................................................................. 104 Advertising .................................................................................................... 104 Laws to be Observed ................................................................................... 104 Antitrust Claims ............................................................................................ 105 Facilities for Agency Personnel General ......................................................................................................... 106 Measurement and Payment Measurement of Quantities for Unit Price Work ............................................ 107 Lump Sum Work ........................................................................................... 107 Payment ....................................................................................................... 107 Bid Items ...................................................................................................... 110 SUPPLEMENTAL PROVISIONS TO PART 2, 3, 6 AND 7 OF THE SSPWC Part 2 Section 200 200-1 200-2 Section 201 201-1 201-3 Section 203 203-3 203-4 203-6 Section 206 206-7 206-8 206-9 Section 210 210-1 210-3 210-6 Section 213 213-2 213-3 Construction Materials Rock Materials Rock Products .............................................................................................. 113 Untreated Base Materials ............................................................................. 114 Concrete, Mortar and Related Materials Portland Cement Concrete .......................................................................... 115 Expansion Joint Filler and Joint Sealants ..................................................... 117 Bituminous Materials Emulsified Asphalt.. ...................................................................................... 118 Fog Seal ....................................................................................................... 119 Asphalt Concrete .......................................................................................... 119 Miscellaneous Metal Items Traffic Signs ................................................................................................. 120 Light Gage Steel Tubing and Connectors .................................................... 122 Portable Changeable Message Sign ............................................................ 124 Paint and Protective Coatings Paint ............................................................................................................. 125 Galvanizing ................................................................................................... 125 Methacrylate Resin Bridge Deck Treatment. ................................................ 126 Engineering Fabrics Geotextiles ................................................................................................... 126 Erosion Control Specialties .......................................................................... 127 I' • .,, Revised 6/12/18 Contract No. 6042 Page 4 of 157 Section 214 214-6 PART3 Section 300 300-1 300-2 300-4 300-5 300-9 Section 301 301-1 Section 302 302-1 302-5 Section 303 303-5 303-6 Section 310 310-5 310-7 Section 311 311-2 Section 314 314-2 314-4 314-5 PART& Section 600 601-4 PART7 Section 701 701-17 Traffic Striping, Curb and Pavement Marking, and Pavement Markers Pavement Markers ....................................................................................... 127 Construction Methods Earthwork Clearing and Grubbing ................................................................................. 129 Unclassified Excavation ................................................................................ 130 Unclassified Fill ............................................................................................. 131 Borrow Excavation ........................................................................................ 132 Geotextiles for Erosion Control and Water Pollution Control. ........................ 132 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation ................................................................................... 134 Roadway Surfacing Fog Seal ........................................................................................................ 134 Asphalt Concrete Pavement. ......................................................................... 138 Concrete and Masonry Construction. Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ..................................................................... 140 Stamped Concrete ........................................................................................ 141 Painting Painting Various Surfaces ............................................................................. 141 Permanent Signing ........................................................................................ 143 Special Protective Material Methacrylate Resin Bridge Deck Treatment.. ................................................ 143 Traffic Striping, Curb and Pavement marking, and Pavement Markers Removal of Traffic Striping and Curb and Pavement Marking ...................... 147 Application of Traffic Striping and Curb and Pavement Marking .................. 148 Pavement Markers ....................................................................................... 149 Temporary Traffic Control Temporary Traffic Control for Construction and Maintenance Work Zones Temporary Traffic Striping and Pavement Markers ....................................... 151 Street Lighting and Traffic Signal Systems Construction Traffic Signal Construction ............................................................................ 155 Appendix A -SAMPLE DOOR HANGER ............................................................................. 156 Appendix B -EXISTING CURB INLET MODIFICATION .................................................... 157 " • .,. Revised 6/12/18 Contract No. 6042 Page 5 of 157 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on October 13, 2021, 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.gov/depts/finance/contracting/bids.asp for performing the work as fol- lows: Narrowing portions of the existing median on El Camino Real along the westbound direction to allow for a third receiving lane. the work will also include pavement and median reconstruction, fog seal within the limits shown in the plans, Methacrylate bridge deck treatment, restriping for three westbound thru lanes, left and right turn lanes, a bike lane and adjustment of traffic signal heads to accommodate new lane configuration. EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS -PHASE II CONTRACT NO. 6042 PWS22-1582TRAN 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: https://www.carlsbadca.gov/services/depts/finance/contracting/default.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 a 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 Verisign/Thawte 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 ft \iJ Revised 6/12/18 Contract No. 6042 Page 6 of 157 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. 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 proposal's 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. This bid and the terms of the Contract Documents and Supplemental 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. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. Each bid must be accompanied by security in a form and amount required by law. The l' •..-Revised 6/12/18 Contract No. 6042 Page 7 of 157 bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the Stand- ard Specifications for Public Works Construction, Parts 2. 3. 6 & 7. current edition at time of bid opening and the supplements thereto as published by the "Green book" Committee of Pub- lic Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Ref- erence 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 contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1 . Contractor's Proposal 2. Bidder's Bond (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(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volun- teers 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) " • ., Revised 6/12/18 Contract No. filM2 Page 8 of 157 c... BIDDER'S GUARANTEE OF GOOD FAITH IBID 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 deem the bidder non-re- sponsive. 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 $325,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit- ted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A: General Engineering or CS: Concrete. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City's website: https://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Pa- per copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, " • .,, Revised 6/12/18 Contract No. filM2 Page 9 of 157 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 spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de- tails or specification sheets. The cutoff date to submit questions is September 30, 2021 by 5 p.m. No questions will be enter- tained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than October 6, 2021. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776 . . .._ \iJ Revised 6/12/18 Contract No. 6042 Page 10 of 157 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. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Sub,nission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance com- missioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 0 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. ~ •+' Revised 6/12/18 Contract No. 6042 Page 11 of 157 (... BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2021-198, adopted on the 31 't day of August 2021 . September 1, 2021 Date Graham Jordan, Deputy Clerk ft ~J Revised 6/12/18 Contract No. fil!42 Page 12 of 157 CITY OF CARLSBAD EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 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. 6042 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 A-1 Clearing and Grubbing at Twenty Eight Thousand Three Hundred Sixty Four Dollars and Sixty Two Cents (Price in Words) A-2 Unclassified Excavation at Seventeen Thousand Eighty Two Dollars and Nineteen Cents (Price in Words) A-3 Class II Aggregate Base One Hundred Forty Two Dollars and Seventy-Six Cents (Unit Price in Words) A-4 Construct 6" Asphalt Concrete Pavement at Two Hundred Fifty Dollars and Five Cents (Unit Price in Words) ft Approximate Quantity and Unit LS LS 70 CY 78 TON {-1 Revised 6112118 Contract No . .6Q12, Unit Price /Figures) $ 142.76 $ 250.05 Total Amount /Figures) $ 28,364.62 $ 17,082.19 $ 9,993.20 $ 19,503.90 Page 13 of 157 Approximate Item Quantity Unit Price Total Amount No. Description and Unit {Figures) {Figures) A-5 Fog Seal, limits as shown on 6380 SY $ 1.13 $ 7,209.40 the Plans at One Dollar Thirteen Cents (Unit Price in Words) A-6 Construct 4" Stamped Con-2238 SF $ 9.19 $20,567.22 crete median as shown on the plans at Nine Dollars and Nineteen Cents (Unit Price in Words) A-7 Modified 6" Median Curb Mod-730 LF $ 22.34 $16,308.20 ified per City of Carlsbad STD Dwg GS-18 Twen\y: Two Dollars Thirtl,'. Four Cents (Unit Price in Words) A-8 Prepare Concrete Bridge Deck 10,890 SF $ Q.63 $9,038.70 Surface at Ei9h!Y Three Cents (Unit Price in Words) A-9 Treat Concrete Bridge Deck 10,890 SF $ 1.38 $ 15,028.20 Surface at One Dollar and Thirtl,'. Eight Cents (Unit Price in Words) A-10 Furnish Concrete Bridge Deck 150 GAL $ 124.93 $18,739.50 Treatment Materials at One Hundred Twentt Four Dollars and Nine\y:-three Cents (Unit Price in Words) A-11 Traffic Signal Modifications at LS $13,778.66 Thirteen Thousand Seven Hundred Seventy Eight Dollars and Sixty Six Cents (Unit Price in Words) ft U Revised6/12/18 Contract No. filM2. Page 14 of 157 Approximate Item Quantity Unit Price Total Amount No. Description and Unit {Figures) {Figures) A-12 Signing and Striping per Plans LS $16,634.03 at Sixteen Thousand Six Hundred Thirty Four Dollars and Three Cents (Unit Price in Words) A-13 Mobilization and Demobiliza-LS $ 27,164.12 tion at Twenty Seven Thousand One Hundred Sixty-Four Dollars and Twelve Cents (Unit Price in Words) A-14 Storm Water Pollution Control LS $ 5,729.20 at Five Thousand Seven Hundred Twenty Nine Dollars and Twenty Cents (Unit Price in Words) A-15 Traffic and Pedestrian Control LS $ 37 833.57 and Traffic and Pedestrian Control Plan at Thirty Seven Thousand Eight Hundred Thirty Three Dollars and Fifty-Seven Cents (Unit Price in Words) A-16 Surveying and Construction LS $ 7,258.60 Staking at Seven Thousand Two Hundred Fifty Eight Dollars and Sixty Cents (Price in Words) A-17 Modify Existing Curb Inlet 1 EA $18,257.39 $18,257.39 Eighteen Thousand Two Hundred Fifty Seven Dollars and Thirty Nine Cents (Price in Words) Total amount of bid in words for Schedule "A": Two Hundred Eighty-Eight Thousand Four Hundred Ninety Dollars and Seventy Cents Total amount of bid in numbers for Schedule "A": $, __ _.2,.,8'-'8"-4'-'9'-'0"'.-'-7-"0 ________ _ The City shall determine the low bid based on Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. 0 Revised 6/12/18 Contract No. ~ Page 15 of 157 Addendum(a) No(s) . ..c#...;.1 ________ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 621610 , classification A B & C-12 which expires on 08/31/2022 , 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 § 7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bidder's Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. 0 Revised 6/12/18 Contract No. filM2. Page 16 of 157 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (3) Place of Business City and State ______________ ----'"-=----------- (4) Zip Code ________ Telephone No. ---------"'-<c:::c----- (5) E-Mail _________________________ _ IF A PARTNERSHIP. SIGN HERE: ,--{.1) Name under which business is conducted. _________________ _ iven and surname and character of partner) (Note: Signature must be made by a general partner) -·---- (3) Place of Business _______ ---:-=-c----:----:-:--:"'--=---:----------- City and State __________________ -"'---s:::-------- (4) Zip Code ________ Telephone No.-----------=-.._,-- (5) E-Mail ___________________________ _ 0 Revised 6/12/18 Contract No. filM2 Page 17 of 157 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted LC Paving & Sealing, Inc (2) President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of ___ ..,,C<>a..,li""'fo..,r.,_,n.,.,,ia,.._ _______ _ (4) Place of Business 620 Alpine Way (Street and Number) City and State _______ -=Ec.::s.::cco::.:n"'d'""id::.:O:....:Ce...A,.._ ___________ _ (5) Zip Code __ 2.9..,,20.,,2e..9'-----Telephone No. 760-752-1743 (P) 760-752-1674 (F) (6) E-Mail __ ....:Mc..::ac..ri_s_a@=-lc_,p_a_v_in_,,g'-.c_o_m__:_&_L...co....:u_ie:...:@=e....:lc-"p-"a-'-vi'--'n-"-g_.c_o_m _________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Jose Salinas President. Vice President. & Secretary ft ~, Revised 6/12/18 Contract No. filM2 Page 18 of 157 ,, 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 validitv of that document. State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_se_A_._S_a_li_na_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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. !. Signature (Seal) MARISA ANN HAAS Notary Public · California San Diego County ! . Commission# 2306519 "'1" ,., M'; Comm. Expires Sep 2◄, 2023 '-BID SECURITY FORM N\tL (Check to Accompany Bid) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 (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 ($, ______ __J,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 un- dersigned 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.) 0 Revised 6/12/18 Contract No. fil!!l2. Page 19 of 157 • Bond No.: CMGB00012333 BIDDER'S BOND TO ACCOMPANY PROPOSAL EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 KNOW ALL PERSONS BY THESE PRESENTS: That we, LC Paving & Sealing, 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 the bid amount) Ten Percent of Their Greatest Amount Bid* for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ---=2"'-nd=-----day of ____ _,_,N::c.ov,_,e:,:rn:o:hc:ce:!..r ___ ~ 20B__ LC Paving & Sealing. Inc. (SEAL) {'~cipal) By: ~µ,::u:,'f'..___::: c_---:::,.,,,_:--:------ (Signature) Jose S,t1 •:<1 as 1 ~ v< t (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City 0 Revised 6/12/18 *(10% of Their G.A.B.) Contract No. fill!!2. **c/o CMG IA, 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364 Page 20 of 157 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 validitv of that document. State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._Sa_li_na_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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) f B~nd No.: CMGB00012333 Argonaut Insurance Company 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 of the State oflllinois 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." 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 1st day of June, 2021. Argonaut Insurance Company ,,, •• , ... t,,,,, ST A TE OF TEXAS COUNTY OF HARRIS SS: ,,,, s\JRAf\l: ,,,, :-.. ~,~ .......... c~ .. ., .. ~ ..:) ••"r,o,POftt,;.•. (' ~ :~/ \O ~ f g[SEALJE by: ;'a. 11148 :~: \ ••·• •• k(INO~ •• / ~_.:: ·•., .. ,, ···;··· , .......... .. ,,,, ........ . Joshua C. Betz , Senior Vice President On this 1st day of June, 2021 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 ABO% OFFICER OF THE COMP ANY, 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 Harris, the day and year first above written. KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY C°""'M. EXP. 07/1:112:5 NOTARY 10 557902-8 <Notarv 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 2nd day of _ __;N:....:.,eoc..:vc...:e::..:m:::,,,bc.::e::..:r'--__,· 2021 . James Bluzard , Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 -9137. '- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 =· ' 'ct '®Jr @$ 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 ____ L::;o:::s:..:A..::n.:sge.:e;:;:le:;:sc.... ____ _ On _ ___.N.JJO.cV.11.....lLO-'2"'--'2"'0,.2..,_) __ before me, -------=L:::uc:..:a:::s..:.P-=att:::e:::.rs:::o:::n,.:, Ncco:..:ta:..:ryJ..:...P.:::ub::::li:::.c ____ ~ Date Here Insert Name and Title of the Officer personally appeared ____________ ....;::G:::a::;brc:i•::::11:::•..:G:.:r:::.•d::.Y.__ ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand =cia:1-~ / Signature ,~ Signature of Notary Public --------------OPTIONAL--------------::::: Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: c----:=--,-,--------:::,,...,,.- D Corporate Officer -Title(s): ---:---:::,....::.....- 0 Partner -D Limited D Gener D Individual D Attorne · □Trustee D D Other:_....,,.,..:::::...... ________ _ Signer Is g g. '" QCJ gg;;;;;;;. Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ gg g g;. Q g;g ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 L GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. ft U Revised6/12/18 Contract No. filM2. Page 21 of 157 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the Ctty Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. ft Q Revised 6/12/18 Contract No. JlQ!!2 Page 22 of 157 C '- DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 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 Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Claaalflcatlon In Dollars• Line Items Penhall Comoanv 714-772-6450 1000000860 568673 $ 38 724.00 8-10 1801 Penhall Wav .A,..<!>hoim rA A?Rn1 Line Item n---619-394-2172 1000012332 747931 $12,500.00 11 11519 Woo"~ide Ave Santee CA 92071 Line Item I r.. --· ..... _ ..... 858-587-8070 1000005403 PLS 4878 $6,585.00 16 9,;,;5 Genes= ~ .. ito ?nn San Di""O CA 92121 Line Item Statewide Strioes RISR.ISRn.RRR7 100000147B 776306 $15,200.00 12 P.O.Box 600710 San Di=o CA ' 92160 Line Item Pavement Coatinas RiiR-7RR-1151 1 " ? 303609 $ 6 533.12 5 P.O. Bnv San Dieao CA 92196 Page __ of __ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Ptt>lic Contract Code, receipt of the infonnation 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.~ 0 Revised 6/12/18 Contract No.~ Page 23 of 157 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Comoleted Contract Contract Please See Attached Sheet 0 Revised6/12/18 Contract No. ~ Page 24 of 157 REFERENCES CITY OF ENCINITAS 505 S VULCAN AVENUE ENCINITAS, CA *ANNUAL CONTRACT $1,100,000.00 CITY OF RIVERSIDE 3900 MAIN STREET RIVERSIDE, CA BID 7690 ADA FOOTPATH $799,000.00 MAY 2020 COACHELLA VALLEY WATER DISTRICT 75-515 HOVLEY LANE EAST PALM DESERT, CA 92211 , PARKING LOT EXPANSION \,_ $995,000.00 CITY OF MENIFEE 29844 HAUN ROAD MENIFEE, CA 92586 ADAMSAVENUESTREETIMPROV $789,165.20 -MAY 2021 CITY OF RANCHO MIRAGE 69-825 HIGHWAY 111 RANCHO MIRAGE, CA 92270 *BUTLER ABRAMS TRAIL PAVEMENT REHAB $178,147.59 SEPTEMBER 2021 JOHN UGROB jugrob@encinitasca.gov 760-633-2854 FRED CERDA FCerda@riversideca.gov 951-826-5599 AMER HASSOUNEH 760-398-2661 ahassouneh@cvwd.org DON SHARP dsharp@cityofmenifee.us 951. 723.3726 CHET KAN chetk@RanchoMirageCA.gov 760. 770.3224 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: □ Comprehensive General Liability □ Automobile Liability □ Workers Compensation □ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 0 Revised 6/12/18 Contract No. lllM2. Page 25 of 157 Ar._CORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/0D/YYYY) 02/17/2022 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 I IP-~EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ,....,_.PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les} 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 Heu of such endorsement(s). PRODUCER c ... ,~ ,'A..,, JANA CLARK NAME: HARTLEY CYLKE PACIFIC-#0574253 ri,gN,:o Ext\: (619) 295-5155 I {NC.Nol: (619) 291--0912 INSURANCE SERVICES, INC. .,.~L jana@hcpacinsurance.com ADDRESS: 2747 UNIVERSITY AVENUE INSURER(S} AFFORDING COVERAGE NAIC# SAN DIEGO CA 92104-4068 INSURER A: TRAVELERS PROPERTY & CASUALTY CO OF 25674 INSURED INSURER B: L.C. Paving & Sealing, Inc. INSURE.RC: 620 Alpine Way INSURER D: INSURE.RE: Escondido CA 92029 INSURERF: COVERAGES CERTIFICATE NUMBER· CL2221773025 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. 1'i.TR TYPE OF INSURANCE POLICY NUMBER 1.:~Mg~ ,r..~~%~ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ' 1,000,000 I CLAIMS-MADE [81 OCCUR ... "' .. ,...,., ... , .... ,, ... ,,, ...... s 300,000 PREMISES /Ea occurrence\ -MED EXP (Any one person) ' 5.000 A y DT22CO0S13576ATIL22 -02/18/2022 02/18/2023 PERSONAL & ADV INJURY s 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ' 2,000.000 f:8J POLICY □ j:& □ LOC PRODUCTS -COMP/OP AGG ' 2,000,000 OTHER: s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ' 1,000,000 /Ea accident' ~ -~ ANY AUTO BODILY INJURY (Per person) ' ~ A OWNED SCHEDULED y 8100S0955232226G 02/18/2022 02/18/2023 BODILY INJURY (Per accident) ' AUTOS ONLY AUTOS ~ HIRED ~ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY IPer accident' ' 'x COMPCOLL ,--DED $1000 Medical payments ' 5,000 ~ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE ' 4,000.000 A EXCESS LIAB CLAIMS-MADE y CUP0S1373832226 02/18/2022 02/18/2023 AGGREGATE s 4,000,000 OED I I RETENTION $ s WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN A ANY PROPRIETOR/PARTNER/EXECUTIVE □ UB8S6221012126G 09112/2021 09/12/2022 E.L. EACH ACCIDENT s 1.000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s 1,000.000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ SCHEDULED $714,100 INLAND MARINE A QT6300S 106923TIL22 02/18/2022 02/18/2023 LEASED/RENTED $100.000 DEDUCTIBLE $1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) •10 day notice of cancellation for non-payment of premium shall apply. 30 day notice of cancellation for all other reasons. •city of Carlsbad/CMWD shall be named Additional Insured on a Primary and Non-Contributory basis. A Waiver of Subrogation applies as required by written contract. RE: All Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN .. City of Carlsbad/CMWD c/o EXJGJS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS . -P.O. Box 947 AUTHORIZED REPRESENTATIVE Munieta CA 92564 ~~ ' © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: DT22C00S13578ATIL22 COMfvERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By C011bact) This endorsement modifies insurance pro,iided ll'lder the foll0111ing: COMMERCIAL GEl'ERAL LIABILITY CO\,ERAGE PART PROVISIONS The fdl01Ning is added to SECTION II -WHO IS AN INSURED: /',cy persa, a aganizatia, Iha! yw agee in a written conlract a agreement to i1d.lde as an additional insl.l'ed a, 1his Coverage Part is an inslJ'E!CI, but a,ly: a. With respect to liability fa 'bodily i1jl.l}'" a 'property danage'' that occus, a fa ''personal injl.lY' caused by an afense that is coomitted, slbiecµ!111 to the sigling d that caitract a ai,eement and while that pat d the cootract a .qeement is in effect; and b, If, and onlY to the extent that. such iriµy a canage is ca ise::I by acts a anissions of yw a ycu sulx:ontracta in the perfa111a,ce d '}OU' wa1<' to which the written callract a agreement as:plies. Such person a a-ganization does not q.alify as an additional insured with respect to the independent acts a anissions cl such person a aganization. The insurance provided t> such additional insured is s~ect to the fdlowi1g provisions: a. If the Linits cl Insurance cl this Coverage Part shoYln in the Declcl'atio ns eiceed the min in UTI limits ~red by the written ccntract a .qeement, the insl.l'ance provided to the additia,al nsl.l'ed wil be liniled to such minimum required lim ts. Fa-the JMPOSes d determining whether this Imitation applies, the minimum linits recJJired by the writ1B1 contract a .qeement will be considered to i1clude the minimum linits d ii"(\/ Umbrella a Excess liabilily caverage re(J.lired fa the addtional inslJ'E!CI by that written callract a .qeement. This provision will na: increase the linits of insua,ce dEscriled in Section Ill -Linits Of Insurance. b. The i1surance provided to such addtional inslJ'E!CI does not apply ta (1) flcy "bodily irjl.lY', ''property damage" or "pel!iooal inil.lY'' arising out d the providing, a fail1.re to p-ovide, ~ professional archilectl.l'al, engineering a StrJeyi1g services, including: (a) The preparing, approving, a faiing to prepare a approve, maps, shop drawings, opi1ions, reports, surveys, field ordel!i a change ordel!i, or the preparing, approving, a failing to prepare a appove, drawings and specifications;and (b) Supervis~, inspection, arctitectural a engi1eering activities. (2) flcy "bodily i1jury' a "property damage" caused by ''.Your WOik'' and included in the "producls<anpleled operations hazad' uiless the written con.-a:t a .qeement specifically requires yw to p-ovide such coverage fa that additiaial inslJ'E!CI during the pdicy period. c. The additional insl.l'ed must canply with the fdb.Ning duties: (1) Give us written notice as soon as practicable of an ''occUrrence" a an dfense which may result in a daim. To the extent possible, such notice should include: (a) HOii/, when and where the •ocarrence" or offense took place; (b) The nil'Tles and addresses cl any injured peisons and witnesses; and (c) The nature and location d ~ irjl.JY a damage arising out d the "occurence" or offense. (2) If a daim is made or "suit' is brought against the additional insl.l'ed: CG D2460419 C 2018 lhe T.......iers lnderrily canpany. All rg1s ,e..,,,ed. Page 1 d2 L l.. COMMERCIAL GEl'ERAL LIABILllY (a) Immediately record the specifics d the claim or •suit'' a,d the date re:eived; and (b) Ndify us as SOOII as practicable and see to it that we receive written nc:tice of the claim or ·suit" as s0011 as practieable. (3) Immediately send us copes of all legal papers received in connection with the claim or "slit", cooperate with us in the investigation or setllement d the clam or defense against the "suif', and otheiwise canply with all policy conditions. (4) Tender the defense and ildemnity d a,y dam or "suit'' to any p-ovider cl other insurance which would cover such adcitional insured for a loss we ca,ier. However, tlis condition does not affect whether the insurance provided to such adcitional insured is prinary t> other ilsurance avaiable to such adcitional ilsured which coveis that person or orga-iization as a named insured as desabed in Parcl!J"aph 4., Other Insurance, d Section IV -Canmerdal General Liabiit,' Condit ions, Page2cl2 c, 2018 lhe T,a,,,elers lndmrily Company. All rig1s reserved. CGD2460419 POLICY NUMBER: DT22COOS13578ATIL22 COMr-.ERCIAL GENERAL LIABILllY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies i1sU"ance provided IJ'lder lhe follONi1g: COMMERCIAL GEl'ERALLIABILITYCO\,ERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement b'oadens coverage, However, coverage for a,y injlJY, damage or medical expenses desaiJed in any d the i:rovisions a lhis endorsement may be excluded a limited by another endorsement to this Coverage Pa-t, and these coverage broadeni1g provisions do net apply to the extent that coverage is eicluded or li'nited by such an endorsement. The folblvi1g listing is a general coverage descrptia, a,ly. Read all the provi.ia,s a this endorsement and the rest a yol.l' policy carefully to determine rights, duties, aid what is and is not covered. A. Who Is An lnsU'ed-Um.med 51.bsidiaries a Blanket Additiooal lnsU"ed -Goverrmental Entities -Permits 0-Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED -UNNAMED SUBSEIARIES The following is added to SECTION II -WHO IS AN INSURED: fVtJ a yoS subsidaries, other than a partrler..hip, joint venue a imiled liability compa~. that is rd shown as a Named lnsU'ed i1 the Declaratia'ls is a Named lnsl.l'ed if: a, You are lhe sde ONner of, a maintain an ownership i11erest d more than 50% in, such sl.bsidiary a, the first day of the policy period; and b, Such sl.bsidiary is not an instSed unds- smilar other insurance. No such sl.biidia,y is an insl.l'ed for 'bodily injury'' or ''P'openy damage'' that oa:l.fred, or ''Pers ooal aid adve1isi1g injlJY' caused by an dfense committed: a. Before you mainlained an ownership interest of more than 50% in such sl.bsidiary; or b, Mer the date, if~. dl.l'ilg the policy period that you no lalger nenlai1 an ONnershp interest d more than 50"/4 in such subsidiary, ForPU'P05es of Paragaph 1. of Sectial 11-Vvhl Is An lnstSed, each such subsidiary will be deemed to be desiglated in the Declarations as: C. Incidental Medical Mali:ractice D. Blari<et Wail/el' Of Slh'ogation E. Caitractual Liability-Railroads F. oamageToPremisesRentedToYou a. An agariization Olher than a partnership, joint venture or limited liability COOllallY; or b. Atrust; as indicated in its name or the documents that govern its s\'ucture. B. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES -PERMns OR AUTHORIZATIONS RELATING TO OPERATlONS The following is added to SECTION II -WHO IS AN INSURED: Arff govell'ITlental entil,y that has issued a permit or authaizatia, with respect to q::,eratia,s perfamed by yw or c:11 yo1 betaf and that you are requi'ed by any ordinance, law, buildng code or written ca,tract a ;g-eement to i1clude as an additional instSed oo this CoYel'age Pat is an instSed, bJt only with respect to Ii.ti lil,y for "bodilY injuiy•, 'prqierl,y damage• a 'persaial and advertisi1g iljury• arising out d such operations. The i1surance provided to such goverrmental entil,y does na app(y to: a. Arff "bodily injury", "property damage• a •per..onal and ad\lertisilg inj.Jry" a-isilg out a operations performed fa the gcwen u IE:lltal entil,y; or b. Any "bodily i1jury' a "property damage" included in the ''Products-completed operations hazard', CG Dl 160219 Cl2017 lte Travelers lndemn~ canpany.AII ri\tll5resel\l8d, Page 1 of 3 Includes C<JP.,'lighled ITBll!rial of Insurance SeNices Cllice, Inc .. Yoilh its perrri!oiln. l.. CO,,IMERCIAL GEt-ERAL LIABILITY C. INCIDENT AL MEDICAL MALPRACTICE 1. Toe fdlowi1g replaCES Paragraph b. of lhe defi1Aion d ''ocClJ'rel'lce" in the DERNma-.is Sectioo: b. An act a-omission coomitted in providing a failing to i:;rovide "incidental medical sen/ices", first aid a "Good Sarnaritarl sen/ices" to a peisoo, uliess yw are in the business or occ1.43ation ct providing professional heallh care service;. 2. Toe falowing replaces the last paragraph ct Pcl'agraJjl 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless yw are in the business or occupation of i:rovidng i:;rofessional health care service;, ParagaJjls (1Xa), (b), (c) and (d) above do na aiiply to 'bodily irjlJ'Y"' arisilg out ct providilg a failing to pro,ide: (a) "Incidental medical services" ~ atPJ ct ytlll" "employees" who is a nL1Se, nL1Se assistant, emergency medical technician or 1Bc1Tiedic; a- (b) FilSt aid a "Good Samaritan services" by arr; of your "employees" or '\tdu:,teer workers", olher thcr1 an employed or vollrteer doctor. My such "employees" a •~nteer WO'kers'' providilg orfailing to provide fiist aid or ''Good Samaritan sen/ices" dl.ling lheir work hoU'S for you will be deemed to be acting withi1 the scope ct their employment by you or perfcrming dJties related to the cooduct of ywr business. · 3. Toe fdlowi1g replaces the last sentence ct ParagaJjl 5, ct SECTION Ill -LIMITS OF INSLRANCE: For the pu,poses ct determini1g lhe oA>liatie Each Occurrence Linit, all related acts or omissions canmilted in p-ovidng a failing to provide "i1ddental medical sen/ices", first aid or "Goa::I Sarnaritarl services" to al'lY one person will be deemed to be one "occurrence". 4. Toe fdlowi1g exdusion is added to ParagraJjl 2., Exduslons, ct SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Phamaceulicals ''Elodiy illiurY' or ''Pft:4lelty damage• arising out d the violation of a penal statute or ordinar1Ce relating to the sale ct phannaceuticals coomitted by, or with lhe knowledge or coosent of, the insured. 5. The followi1g is added to the DERNma-.is Section: "Incidental medical services'' means: a. Medical, surgical, dental, laboratOI)', X-f'ay or rursing service or treatnert, advice or instruction, or lhe related fi.mishing d food or beverages; or b. The turnishng a-dispensilg d au.is or medical, dental, or surgical sl.llJJlies or aiipliances. 6. The followi1g is added to Pcl'agraph 4.b., Excess Insurance, of SEClla-.1 IV - COMMERCAL GENERAL LIAEILITY CONDmONS: This insU'ance is excess over a1fJ valid a,d colle::tible dher i1surarice, whelher prinaiy, excess. callingent a on a,y olher basis. that is available to a1fJ ct your ''employees• for "bodily inµy" lhat arises out of providi1g or t.iling to provide "incidental medical services" t:, any person to the extent not subject to Paragraph 2.a.('I) ct Section II -Who Is Iv! Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfs Of Rights Of Recovery Against Olhers To Us, of SECTION IV -COMMERCIAL GENERAL UABLITY CONDma-.15: If the insured has agreed in a conract or agreement to waive lhat nsised's rig,t d recovery agai1st a,y persoo a-orga,ization, we waive our ri!j1t of recovery against such person a- aganization, but OOIY fur payments we make because of: a. "Bodly irjury" or "p1q:>erty dc.nage" that occurs; or b. "Personal and advertisilg in.il.lY" ca ISed by a, ctrense lhat is coomitted; s\t>sequent to lhe execution d lhe contract or agreement E. CONTRACl\JAL LIABILITY-RAILROADS 1. The following replaCES Pll'cQ'aPh c. of lhe definition ct 'insured contract'' in lhe DEFINmONS Section: c, Alti easement or license agreement Page2of 3 0 2017 The Trawlers lndemilv Corrp;iny.AII righls reser.ed. CG D3 16 0219 Includes c(0fighl!!d material of Insurance SeNices Cfflce, Inc., \\ilh its perrrisson. L L '- 2. P!l'ai,aph f.(1) of the definitioo ri "insll'ed cootra:r in the DEFINfflONS Sectioo is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The follOlll'ing replaces the defililioo d ''premises d.mage" in the DEFINmoNS Sectioo: 'Premises danage" means ''ptcµ:,ty danage• ta COMMERCIAL GENERAL LIABILITY a. NfJ premises while rented to you a lefl'1)orarily ocQ4lied by yoo wlh PEffllissia'l of the armer; a b. The caitents of a-r,, premises while such premises is rented to yoo, if you rent such premises fa a period d seven or fewe' conseculive days. CG D3160219 02017 lte Tra.elas lndenni,y Conpany.All lig'lsll!SeM!d. Page3of 3 Includes c~h1ed material of Insurance SeNices arice, inc .. v.ilh its perrrissiln. L c... TRAVELERs't ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-8S622101-21-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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 this endorsement shall be 2 • o 0 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: 10-13-21 Policy No. Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1 - POLICY NUMBER: 8100S0955232228G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies nsu-ance provided under the folb.Nng: BUSINESS AUTO COVERAGE~ GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However. coverage for a!lY' inj.Jry, <BT1age or medical expenses descri:led in any of the provisioos of this endorsement may be excluded or linited by another endorsement to lhe Coverage Pan, and these coverage broadenng provisions do not •Y to the extent that coverage is exd.1ded or linited by such an endor.iement. The folb.Nng listing is a general cover- age desaiplion only. Linitations aid exclusions may apply to these coverages. Read all the provisioos of this en- dasement and the rest of ywr policy ca-efully to determine riglts, duties, and v.tlat is and is not covered. A. BROAD FCJW NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D, EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE cav- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS USE -INCREASED LIMIT I. PHYSICAL DAMAGE -1RANSPORTA11ON EXPENSES-INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L N011CE AND KNOWLEDGE OF AOODENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS \..., PROVISIONS A. BROAD FORM NAMED INSURED The folb.Nng is added to Para!7aph A. 1., Who Is An lnsurat, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Nry organization yw nev;ty acquire c:K form dJr- ing lhe policy period aver v.tlich yw maintan 50% or more owners~ interest and that is not separatet,, insl.l'ed fur Business Auto Coverage. Coverage under this provision is affaded only un- til lhe 180th day after you acquire or form the or- ganization c:K the end d the policy period, v.tlich- ever is earlier, B, BLANKET ADDmONAL INSURED The folla.Ning is added to Paragaph c. in A. 1., Who Is An Insured, of SEC110N II -COVERED AUTOS LIABILITY COVERAGE: Nry person or orga,ization who is req,iired under a written contract c:K a!7eemem between yw and that person or organization, that is signed and executed by you before the 'bodily injll)I" or ''Proi:>el'IY damage" occll'S and that is in effect dJring the policy period, to be naned as an addi- tional nsured is an "nsured' for Covered Autos Liability Coverage, but only for damages to which this insl.l'ance applies and ont,, to the extent that person or organization qualifies as an "insured" under the \II/ho Is An lnsu-ed provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, d SECTION II -COV- ERED AUTOS UAEILITY COVERAGE: An ''employee" d yours is an "nsured' v.tlile operatng an "auto" hired or rented under a contract or agreement in an ''employee's" name, with your pennission, v.tlile performing duties related to the conduct of you-busi- ness. 2. The folb.Nng replaces Paragraph b. n as., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDmONS: b. For Hired Auto Physical Damage Cover- age, the follovlring are deemed to be a:N· ered "autos" you own: (1) Any covered "auto" YOJ lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee• under a contract in an ''e01>loyee1s• name, with your CA T3 53 0215 @ 2015 lhe Travelers lndelmi\y Coopany, All riglls reseM!d. Page 1 of4 lndudes oq:,yl'ighled ma1elial of hualce Seivioes Ollioe, Inc. wilh ils permissia'l. CCJl,llvERCIAL AUTO pennissicll. while perfoonilg duties related to 1he conduct of yol.J' busi- ness. However, aiy "auto" that is leased, hired, remed or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The fellowing is added to Paragraph A. 1., Who Is An Insured, of SECTION II -COVERED AUTOS UABILITY COVERAGE: Arri •ernpoyee• of your.. is an "insured" while us- ing a covered "auto" you don't own. hire or borrow in your business or your pe,sonal affairs. E. SUPPLEMENTARY PAYMENTS-INCREASED UMns 1. The followi'lg replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL• nY COVERAGE: (2) Up to $3,000 fur cost of bail bonds (in- cluding boods fur related traffic laiN viola- ticlls) required because of al ''accident" we oover. We do not have to fl.rnish these bonds. 2. The followi'lg replaces Paragraph A.2.a.(4), of SECTIQII II -COVERED AUTOS LIABll,, nY COVERAGE: (4) All reasonable expenses incuned by the "insured" at our request, including actual loss of earnings I.I> to $500 a day be- ca.tse of tine off from WOik. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE-INDEMNnY BASIS The follo!Ni'lg replaces SIJJparagraph (5) in Para- graph B.7., Policy Period, Coverage Territoiy, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Ar(yWhere in the work!, except a~ country or jurisdiction while any trade sancticll, em- bargo, or sinilar regulaticll inposed by the United States of America applies to and pro- hillits the transacticll of busi'less with or withil such coumry ar jurisdicticll, for Cov- ered Autos Liability Coverage for a~ covered ''a.Ito" that you lease, hire, rem ar barrow without a driver fur a period of 30 days a less and that is not an "auto" you lease, hire, rent a borrow from a~ of your "ernpoyees•, panner.; (if you are a panner.;hip), members (if you are a limited liability cornpa~) a men1Jel5 of their househokls. (a) With respect to a~ claim made a "suit'' brought outside 1he United States of America, the territories and passessions of the United States of America, Puerto Rico a,d Caiada: (I) You must arrange to defend 1he "i'l- sured" against, and i'lvestigate a set- Ue a~ such claim a "suit" aid keep us advised d all proceedings and ac- tions. (ii) Neither you nor a~ other involved "insured'' will make any settlement without ol.l' consem. (iii) We may, at our discretion, panicipate in defendilg the "insured" against, or in the setllernem d, a11Y clam or •suit". (iv) We will reinbllSe the "i'ls11ed'' for s1.111s that the "insl.l'ed' legally must pay as damages because of 'bodi!Y injlJ"Y" or "property damage" to which this ilsl.l'ance ,.ipies, that the "il- sured" pays with our ca,sent, but on!Y I.I> to 1he limit descmed in Para- graph C., Linits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reinburse the "i'lsured'' for the reasonable expenses incurred with 01.J' consent for your i'lvestiga- tion of such dams and your defense of the "insured'' against a~ such •suit", but only up to and included within the linit described in Para- graph c., Linits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY CO~G:, and not in addition to such linit. our duty to make such payments ends when we have used 1.4J the applicable limit of insurance in payments fur damages, settlements or defense expenses. (b) This insurance is excess a.,er a~ valid and collectible other i'lsurance avail~e to 1he "insured" whether pnnaiy, excess, conti'lgent or on aiy other basis. (c) This ilsurance is not a stbstitute for re- quired a compulsay insurance i'I a~ COU1tly outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page2 of4 @2015 The Tra.81115 ln:lllrmilyColl1)llny, All rl!l,ls reser.ed. CAU530215 Includes ocp)'lighled maerial of nuaioe Sl!IVices Ollioe, Inc. wilh ils pemilsslon. You agree to maintan all required er canpulsoly insulcflCe in a~ such coun- by up to 1he mnimum linils requred by local law. Your faiklre to comply v-.ith canpulsoly ins11ance requrements v-.ill not invalidate 1he coverage afforded by this policy, but we will oo!Y be liable to the sane extent we would have been liable had you COITl>lied with the COITl>Ulsory in- su-ance requrements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States d America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsblity fur the ft.mishng cf certificates of insuraice, er fer compliance n a~ w;,; v-.ith the laws of other countries relatng to nsurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph o., Deducti- ble, d SECTION 111 -PHYSICAL DAMAGE COVERAGE: No deductible fur a covered "auto" v-.ill aw!Y to glass damage if the glass is repaired rather tha1 replaced. H, HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The folla,vng repaces 1he last sentence d Para- graph AA.b., Loss Of Use E,cpenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay fur any expenses fur loss of use is $65 per day, to a maximum of $750 fur c11y one "accident". I. PHYSICAL DAMAGE -1RANSPORTA11ON EXPENSES -INCREASED LIMIT The folla,vng repaces 1he first sentence in Para- graph AA.a., Transportation Expenses, d SECTICJ,I Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 fur terrpiraiy transportation expense n- curred by you because d 1he total theft d a cov- ered "auto" d the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Pl upei1¥ We will pay LJl to $400 for "loss" to weaing ap- parel and o1her personal property which is: (1) Owned by an "nsured'; and COMMERCIAL AUTO (2) In or on your covered "auto''. This coverage applies ooly in the event of a total theft d your covered "auto''. No deductil:lles apply to this Persooal Propel"\y coverage. K. AIRBAGS The followi1g is added to Paragrap, B.3,, Exdu- sians, cl SECTION Ill -PHYSICAL DAMAGE COVERAGE: ExckJsion 3.a. does not awly to "loss'' to ooe er more airbags n a covered "auto" you own that n- flate d.Je to a cause o1her than a cause cf "loss'' set furth in Paragraphs A. 1,b. and A.1,c,, but on!Y: a. If that "auto" is a covered "auto• for Compre- hensive Coverage under this policy; b. The ai"bags are not covered under any war- ra,ty; and c, The ai"bags were not i1tentionallY i'lflated. we will pay up to a maxinum of $1,000 tor any one "loss". L NOllCE AND KNOWLEDGE OF AOODENT OR LOSS The following is added to Pa-agraph A.2.a., d SECTION IV-BUSINESS AUTO CONDfflONS: Your d.llY to give us or our authorized representa- tive prompt notice d the "accidenr' er "loss" ap- plies on!Y when 1he "accident'' er "loss'' is knov,n to: (a) You (if you ..-e c11 individuaO; (b) A pa-tner (if you are a partnership); (c) A member (if you are a linited liability com- pariy); (d) An executive ctficer, director er insura,ce manager (if you are a corporation or o1her or- ganization); or (e) Arty ''employee" authaized by YoU to give no- tice of 1he "accidenr• or "loss''. M. BLANKET WAIVER OF SUBROGATION Toe folla,vng repaces Paragraph A.5., Transfer Of Ri!llts Of Recoveiy Against Others To U5, of SECTION IV -BUSINESS AUTO CCJ,1Dl- 110NS: s. Transfer Of Ri!llts Of Recovery Ag.inst othel5TOUS We waive any ri!tlt of recovery we may have against a11Y per..on or organization to the ex- tent required d yau by a written contract signed and executed prior to any "accident'' or "loss'', provided that the "accident" or "loss'' arises out cJ operatioos contemplated by CA T3 53 0215 @2015 lhe Travelers lndamily em-i:a,y. All r911s reserved. Page3of4 Includes OCJl)'lighlecl ITBl!rial of RU3108 Services Ollioe, Inc. wilh ilS permissiln l.. '- '- Co..111.ERCIAL AUlO such callract. The waiver applies only to the persa, a-a-ganizatial desig'lated in such con1ract. N. UNINTENTIONAL ERR~ CR OMISSIONS The folla.Nilg is added to Paragaph B.2., CClll- cealment, Misrepesentalian, Or Fraud, of SECTION IV-BUSINESS AUTO CONDmONS: The unintemional emission of. a unintentional error in, a,y ilformatial given by you shall not prejudice your rights under this insurance. HOYll- ever this provision does not affect our right to col- lect additional premiUm a-exercise our right of cancellatial or norHenewal. Page4of4 @2015 lhe TlllW!lem lndelmi\yQJrrpa ny. All rights reseiwd . lndudes ocpytighled 11111Brial of klsl.raloe Selvioes Ollkle, Inc. wilh ilS permission. CA T3 53 C72 15 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred ---~ agency agency period of debarment period of debarment BY CONTRACTOR: Page _I_ of _I_ pages of this Re Debarment form ft Q Revised6/12/18 Contract No. filM2. Page 26 of 157 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. No-wG (If needed attach additional sheets to provide full disclosure.) Page __J__ of _1 __ pages of this Disclosure of Discipline form 0 Revised6/12/18 Contract No. ~ Page 27 of 157 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. ' (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (print name/title) Page _j__ of _J__ pages of this Disclosure of Discipline form 0 Revised6/12/18 Contract No. ~ Page 28 of 157 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 The undersigned declares: I am the President of LC Paving & sealing,'"'· the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of true and cgrrect and that this declaration is executed on _J=~___,_:__ _______ , 20.:l:L_ at 'tSt Oflt\1Ja [city], Cf<' [state]. 0 Revised 6/12/18 Contract No. fill!l2. Page 29 of 157 CONTRACT PUBLIC WORKS This agreement is made this i :=:;; v,v day of M M uvJ , 2022, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and L.C. Paving & Sealing, Inc, whose principal place of business is 620 Alpine Way, Escondido, California 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compli- ance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that l' • .,, Revised 6/12118 Contract No. QQA.2 Page 30 of 157 may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the require- ments 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 eligi- bility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l'\ •..-Revised 6/12/18 Contract No. §1>-42_ Page 31 of 157 L 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. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation 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. (8) 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. I' •+;' Revised 6112118 Contract No. §.0.42 Page 32 of 157 L a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each com- pany affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage pro- vided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be non renewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall con- tain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. '-' • .,, Revised 6/12/18 Contract No. §_042 Page 33 of 157 L (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in- cluded 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 in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in antici- pation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. init ---- 12. Maintenance of Records. Contractor shall maintain and mak available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the City by certified letter " •+;' Revised 6/12/18 Contract No. §.0.42 Page 34 of 157 L. 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 substi- tuted for any monies withheld by the City to secure periormance 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 periormance 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 sub- contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursu- ant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill {" •1 Revised 6/12/18 Contract No .. 6:042 Page 35 of 157 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: JO SALINAS -PRESIDENT. SECRETARY (print name and title) By: ____ ~~-~----- (sign here) (print name and title) CITY OF CARLSBAD a unicipal corporation of the State of alif ni By: ATTEST: ,ty BARBARA ENGLESON, City Clerk 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. BR City Attorney l' • ., Revised 6/12/18 Contract No .. qQ42. Page 36 of 157 r c.... 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 YY\ O&cVL )S:1 Zo7_,,7-.-, before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_li_na_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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature lv(jyiCtd¥' 2: = (Seal) 1······--·-··~ Sc'_~,,, MARISA ANN HAAS : ~~0 Notary Pcb;ic · Ca Marnia : ;i :.,r:,3,~1::f;>, ·: San Drego County ~ z ~-~~-,:f Commissiori :t 2306519 - ·A,,, "" My Comm. Expires Sep 24, 2023 Bond No. CMGP00005385 Premium Included In The Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to LC. Paving & Sealing, Inc., (hereinafter designated as the "Principal"), a Contract for: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 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, LC. Paving & Sealing, Inc., as Principal, (hereinafter designated as the "Contractor"), and Argonaut Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum two hundred eighty-eight thou- sand four hundred ninety dollars and seventy cents ($288,490.70), 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 subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 0 Revised 6/12/18 Contract No . .60.!2. Page 37 of 157 , '"- 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 14th day of March , 20.n_ Argonaut Insurance Company c/o CMG IA, 20335 Ventura Blvd., Ste 426 L __ C_P_a_v_in_g_&_S_e_a_li_n~g,_I_n_c. _____ (SEAL) Woodland Hills. CA 91364 (SEAL) (Princip I) Surety) (Signature) ~-S?un6 ¥(~ (Print Name & Title) Stephanie Hope Shear, Attorney-ir.-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APP VEDAS TO FORM: CELIA A. B City Attorney By: 0 Revised 6/12/18 Contract No. ~ Page 38 of 157 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 validitv of that document. State of California County of SAN DIEGO before me, MARISA HAAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared JOSE A. SALINAS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) B~nd No.: CMGP00005385 Premium: $5,327.00 Argonaut Insurance Company 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 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 ofsuretyship, and to affix the corporate seal thereto." fN W1TNESS 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 I st day of June, 2021. Argonaut Insurance Company ........... , ST A TE OF TEXAS COUNTY OF HARRIS SS: .,.,,,,, sURA.1•/#',,,, •• ,....,~ •••••••• C(C>•• /.::, ••~'90/t,fj,••• (\~ ![/ '°\i\ : C): SEAL,~= by: ~ ia·• 1948 !<':: \ •••,l{llN~ •••• °'<" / ··, ··········• , ... '•,,,, . ,, ........ ........... Joshua C. Betz • Senior Vice President On this 1st day of June, 2021 A.O., 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. fN 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. e . .. KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY CONIM. E XP. 07/15125 NOTA_RY 10 557902-8 (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. fN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 14th day of ___ ..ccM=ac..cr...cc..cch'----' 2022 . James Bluzard • Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 -9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ,m 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 _____ Lo_s_A_n~g~e_le_s _____ _ On __ M_A_R_1_4_20_22 ___ before me, ____ L_u_ca_s_P_a_tte_r_so_n-'-, _N_ot_ary_,_P_u_bl_ic _______ ~ Date Here Insert Name and Title of the Officer personally appeared ____________ S_te_.p_h_a_n_ie_H_o_.p_e_S'-h-'e-'-a_r ___________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / Signature ___ ~c:9'----"L-..;!!;.Gi~-"'~1(£...-===~ Signature of Notary Public Place Notary Seal Above ---------------OPTIONAL--------------~ Though this section is optional. completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ I• -• • -- Number of Pages: ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name:------------,,....,.~ □ Corporate Officer -Title(s): ----,,.-'"""-- □ Partner -□ Limited □ Genera □ Individual □ Attorne · DG -. . . . ;. igner's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 L Bond No. CMGP00005385 Premium: $5,327.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has awarded to LC. Paving & Sealing, Inc., (hereinafter designated as the "Principal"), a Contract for: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 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, LC. Paving & Sealing, Inc., as Principal, (hereinafter designated as the "Contractor"), and Argonaut Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum two hundred eighty-eight thou- sand four hundred ninety dollars and seventy cents ($288,490.70), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 0 Revised 6/12/18 Contract No. ~ Page 39 of 157 L '- 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 14th day of March , 20.ll._ Argonaut Insurance Company c/o CMGIA, 20335 Ventura Blvd., Ste 426 _L_C_P_a_v_in~g~&_S_e_a_li_n_g,~I_n_c. _____ (SEAL) Woodland Hills, CA 91364 (SEAL) (Principal) (Surety) By: ~-½IL{;~-':-~---,---· __ «::;y: II)~ ~ / (Signature) .I Stephanie Hope Shear, Attorney-in-i'act (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. B WER City Attorney By: A 0 Revised 6/12/18 Contract No. filM2. Page 40 of 157 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 validitv of that document. State of California County of SAN DIEGO On Mtlv'CNL Is, Wv7--before me, MARISA HAAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared JOSE A. SALINAS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Bo~d No.: CMGP00005385 Premium: $5,327.00 Argonaut Insurance Company 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 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 ofsuretyship, and to affix the corporate seal thereto." TN 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 I st day of June, 2021. Argonaut Insurance Company ,,,, ..... ,,,,,, ,,, -\.sUR.4'1v: .,.,., STATE OF TEXAS COUNTY OF HARRJS SS: , ..... -~'":··········"~---.. ~ .::, ,•'<,0,P0~1;: •• 'c,~ f ltsEAL\i~ by: ; t 1948 .:~j \, ···• .. -t,,..~ .. ...-'r l .. ,, ········· .. .. ..... ,,, * ,., .... .. ,,, ....... . Joshua C. Betz , Senior Vice President On this I st day of June, 2021 A.O., 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. TN 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. KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY C OIVIM. EXP. 07/15/25 NOTARY 10 557002-8 (Notary Public\ I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF A TIORNEY of which the foregoing is a full, true and correct copy is sti II in full force and effect and has not been revoked. TN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 14th day of ___ ...cM--=a"-'r'-c"-'h=---' 2022. James Bluzard , Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 -9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 3 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 ____ ;;;.Lo;.;s:..:A.cn_,ga..:eccle:..:s'------ On __ M __ A_R_.;::;1..:4'-"20"'2:;;:2c....._ before me, ____ L_u_ca_s_P_a_tte_r_so_n.;.., _No_t_ary-"--P_ub_l_ic _______ ~ Date Here Insert Name and Title of the Officer personally appeared ___________ ....;:S:..:te:.epc.h:..:ac.ni:..:e.;.Hccoccp.ce.:S:.:.h:..:e.;;;a;.r ___________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LUCAS PATTERSON 1-'otary Publtc • Callfornla ! Los "n;elM County Commtsston # 2352264 WITNESS my hand and official seal. /__ Signature __ ----fz:?~.-.::..... .. 4-...~~..e;~----= Signature of Notary Public ' My Comm. ExptrM Mar 19, 2025 Place Notary Seal Above ---------------OPTIONAL----------------, Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ I• -11 •• - Number of Pages: ___ Signer(s) Other Than Named Abov,,,...· :....._ ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Narne: ---,-,-,-,-,---------=-~ □ Corporate Officer -Title(s): --,----,,,.....:::..- □ Partner -□ Limited □ Genera igner's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorne · □ Individual □ Attorney in Fact □ Trustee □ G □ Trustee □ Guardian or Conservator □Other:----,,,...::;_ _________ _ Signer Is □ Other: _____________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 L L OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and LC. Paving & Sealing, Inc., whose address is 620 Alpine Way, Escondido, California 92029, hereinafter called "Contractor" and ____________________ _ whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contrac- tor 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: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 in the amount of $288,490.70 dated--,--,--,,-------, (hereinafter referred to as the "Con- tract"). 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 de- posit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into secu- rities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Es- crow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 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 ft ~, Revised 6112118 Contract No. filM2. Page 41 of 157 (_ Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Con- tractor. L L 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and com- plete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pur- suant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the secu- rities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title -----'-F"-IN,,_A,,_N-'-'C'--'E=-D=.c.lR.o.:E'--'C'-'T_,O'--'R-'----- Name _______________ _ Signature ______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title ________________ _ Name ________________ _ Signature ______________ _ Address ---------------- For Escrow Agent: Title ________________ _ Name ________________ _ Signature ______________ _ Address _______________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. ft \i;J Revised 6/12/18 Contract No. ~ Page 42 of 157 L 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 l. Address L {\ • ., Revised 6112118 Contract No. filH2 Page 43 of 157 September 17, 2021 ADDENDUM NO. ! (°city of Carlsbad RE: EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS - PHASE II BID NO. PWS22-1582TRAN Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in date for the above-mentioned bid. New date for bid opening is: November 3, 2021 Time remains the same: 11 a.m. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. C✓~- GRAHAMflKDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t L I '-· City of Carlsbad EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS -PHASE II PWS22-1582TRAN From: No. of Pages: Date: Due Date: Addendum No. 1 Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 1 (including this page) September 17, 2021 November 3, 2021 -11 a.m. (changed) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Consultant must acknowledge receipt of this Addendum with documents submitted at the due date and time specified in the bid documents. Failure to do so may subject Consultant to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO SPECIFICATIONS ITEM NO. 1: DUE DATE Change the due date wherever it is referenced in the Request for Bids to November 3, 2021 at 11 a.m. 1 PWS22-1582TRAN Addendum No. 1 '- L GENERAL PROVISIONS FOR EL CAMINO REAL AND CANNON ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 6042 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, pe1711itted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the ap- proval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ~ \iJ Revised 6/15/17 Contract No. 6042 Page 44 of 157 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. :) l\ • ., Revised 6/15/17 Contract No. 6042 Page 45 of 157 Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. (\ ti Revised 6/15/17 Contract No. 6042 Page 46 of 157 Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer-Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. " • ., Revised 6/15/17 Contract No. 6042 Page 47 of 157 L Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. ft \ii Revised 6/15/17 Contract No. 6042 Page 48 of 157 1-3.2 Common Usage Abbreviation Word or Words ABAN .. . ............... Abandon D .. . ...... Load of pipe ABAND ................ Abandoned dB........................ . ............ Decibels ABS ....................... Acrylonitrile -butadiene -styrene DBL. ....... Double AC ................................................... Asphalt Concrete OF.... . Douglas fir ACP.... . .................................. Asbestos cement pipe DIA .................. Diameter ACWS .... . .. Asphalt concrete wearing surface DIP.... . ............... Ductile iron pipe ALT............. . ........................................ Alternate DL. . ...... Dead load APTS ............. Apartment and Apartments DR. ..Dimension Ratio AMER STD ............. American Standard DT ...... . .................. Drain Tile AWG ... . ........ American Wire Gage (nonferrous wire) DWG .. . ................. Drawing BC..... . .............. Beginning of curve DWY... . ............... Driveway BCR ... . ............. Beginning of curb return DWY APPR ..................... Driveway approach BORY .................................. Boundary E.......... . ................................ Electric BF ..... . ........... Bottom offooting EA... . ...................... Each BLDG ........... Building and Buildings EC.. . .......... End of curve BM.... . ............... Benchmark ECR .... End of curb return BVC ... Beginning of vertical curve EF ............. Each face B/W .......................................................... Back of wall EG.. . ........................................... Edge of gutter CIC. . ....... Center to center EGL.. . Energy grade line CAB ........ Crushed aggregate base El ............................. Elevation CAUOSHA ........... California Occupational Safety and ELG... .. Electrolier lighting conduit Health Administration EL T .................. Extra long ton Ca IT rans ....... California Department ofTransportation ENGR. . .................. Engineer, Engineering CAP. . .................. Corrugated aluminum pipe EP ... . . ............. Edge of pavement CB.... . ................ Catch Basin ESMT .. . ......................... Easement Cb ........................................... Curb ETB ......................................... Emulsion-treated base CBP. . .... Catch Basin Connection Pipe EVC... . ...................... End of vertical curb CBR .... . ....................... California Bearing Ratio EWA..... .. Encina Wastewater Authority CCR.............. . ...... California Code of Regulations EXC ........ Excavation CCTV............ . ............................. Closed Circuit TV EXP JT ................................................ Expansion joint CES ........ Carlsbad Engineering Standards EXST..... . .............................. Existing CF ............................................................... Curb face F .......... . ......... Fahrenheit CF ... . ......... ... . ........... Cubic foot F&C ........ . ......... Frame and cover C&G .. . ............................... Curb and gutter F&I ... Furnish and install CFR ............................... Code of Federal Regulations FAB ........ . ......... Fabricate CFS .................. Cubic Feet per Second FAS.. . .......... Flashing arrow sign GIP ........... Cast iron pipe FD..... . ............................................... Floor drain GIPP ............................. Cast-in place pipe FON.............. . ........................... Foundation CL .. . ..................................... Clearance, center line FED SPEC....... . . Federal Specification CLF ......... . ......... Chain link fence FG ....................................................... Finished grade CMB ....... Crushed miscellaneous base FH ....... . ............ Fire hydrant CMG.. . .................... Cement mortar-coated FL....... . ............ Flow line CML ............................................ Cement mortar-lined FS ...... Finished surface CMWD .................... Carlsbad Municipal Water District FT-LB .......... Foot-pound CO....... . .............. Cleanout (Sewer) FTG ................ ... . ............... Footing COL................... . ................... Column FW ....... . .................. Face of wall COMM ...... Commercial G.................. . ........................... Gas CONG........... . .................. Concrete GA........ . .......................... Gauge CONN ............... Connection GAL .............................................. Gallon and Gallons CONST ... ..... . ............ Construct, Construction GALV. . ..................... Galvanized COORD ........................ Coordinate GAR ......... ........... .. . ...... Garage and Garages CSP.......... . ............... Corrugated steel pipe GIP ............................................. Galvanized iron pipe CSD .. . .. Carlsbad Standard Drawings GL .......................... Ground line or grade line CTB...... . . Cement treated base GM ............................................................ Gas meter CV ............. Check valve GNV .. . ....... Ground Not Visible CY........... . ............... Cubic yard GP ........... Guy pole (' ti Revised 6/15/17 Contract No. 6042 Page 49 of 157 (._ C GPM.. . ...................... gallons per minute GR... . ........... Grade GITTG..... G~~ GSP .... Galvanized steel pipe H ................... High or height HB. . .......... Hose bib HC .. . ............. House connection HOWL ... Headwall HGL..... Hydraulic grade line HORIZ ....................... Horizontal HP . . ... Horsepower HPG ....... . .. High pressure gas HPS.... .. High pressure sodium (Light) HYDR. . ......................... Hydraulic IE........ . Invert Elevation ID....... .. Inside diameter INCL.. . .... Including INSP... ..Inspection INV ............... Invert IP..... . .......... Iron pipe JC.. . ... Junction chamber JCT .. . .......... Junction JS... .Junction structure n........... . ..... ~M L ...... Length LAB . . . . . .. Laboratory LAT . . . ............................. Lateral U... -~ LD . . . . . . ................... Local depression LF .. . ........... Linear foot LH . . .. Lamp hole LL ..... Live load LOL .. . .... Layout line LONG.... . ................. Longitudinal LP ........ Lamp post LPS ... ..... . ............ Low pressure sodium (Light) LS...... . .............. Lump sum L TS ... ..... . ..... Lime treated soil L WO ...... Leucadia Wastewater District MAI NT.... . ......................... Maintenance MAX ...................... Maximum MCR ............ Middle of curb return MEAS ......................... Measure MH . . ...... Manhole, maintenance hole MIL SPEC.. . ............... Military specification MISC............. . ............................... Miscellaneous MOD.. . .............................. Modified, modify MON .............................. Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ... Microtunneling Boring Machine 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.... . .................. ~ce- 0D. . ....... Outside diameter OE.... . ....... Outer edge OHE ....... Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP... .. .. Opposite ORIG ................... Original PB...... . ..... Pull box PC ............................... Point of curvature .... PCC .. Portland cement concrete or point of compound curvature PCVC ...................... Point of compound vertical curve PE .......................................... Polyethylene Pl ......... Point of intersection PL..... . ............................................... Property line PMB ................. Processed miscellaneous base POC ........... Pointon curve POT....... . .... Point on tangent PP.. . ............... Power pole PRC ....... Point of reverse curve PRVC .. . ... Point of reverse vertical curve PSI .. . .. Pounds per square inch PT ... ...... . ........ Point of tangency PVC.. . ..... Polyvinyl chloride PVMT.. . ............................................ Pavement PVT R/W ................ Private right-of-way Q .. Rate of flow in cubic feet per second QUAD .. Quadrangle, Quadrant R .... . ............ Radius R&O ............. Rock and oil R/W .................. Right-of-way RA ..... Recycling agent RAC .... . ... Recycled asphalt concrete RAP ... Reclaimed asphalt pavement RBAC ...... Rubberized asphalt concrete RC.... . ................................. Reinforced concrete RC B ... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ... Reinforced concrete pipe RCV .. . ......... Remote control valve REF. . ................................. Reference REINF ... Reinforced or reinforcement RES.... . .................................. Reservoir RGE ..... Registered geotechnical engineer ROW ........ Right-of-Way RR. .. Railroad RSE ............. Registered structural engineer RTE ................................... Registered traffic engineer s ..... Sewer or Slope, as applicable SCCP ............. Steel cylinder concrete pipe SD ............................................................ Storm drain SDNR .............................. San Diego Northern Railway SOR ...... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD .. San Diego Regional Standard Drawings SE .... Sand Equivalent SEC ..... Section SF ........... . ............ Square foot SFM .... ...... . .... Sewer Force Main SI. ...................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................ Standard Specifications for Public Works Construction ST HWY.. . State highway STA ......................................................... Station STD.. . ......... Standard STR ................. Straight STR GR ............ Straight grade STRUC ......................................... Structural/Structure SW.. ········sidewalk SWD ................... Sidewalk drain SY. . ............ Square yard \iJ Revised 6/15/17 Contract No. 6042 Page 50 of 157 T. . ...... Telephone VAR........ . ............ Varies, Variable TAN ....... Tangent VB ............................................................... Valve box TC.... ..Top of curb VC .......... . .......... Vertical curve TEL................ . .. Telephone VCP........ . ..... Vitrified clay pipe TF. . ......................................... Top of footing VERT ... . ......................... Vertical TOPO.... . ........... Topography VOL ................................................................. Volume TR.............. . ................................. Tract VWD ....................................... Vallecitos Water District TRANS.. . ..... Transition W. ....................... Water, Wider or Width, as applicable TS ........................ Traffic signal or transition structure WATCH .............. Work Area Traffic Control Handbook TSC ......................................... Traffic signal conduit WI................ . ........................... Wrought iron TSS. ... . . Traffic signal standard WM ............ Water meter TW ..... . ....................................... Top of wall WPJ .............. . ....... Weakened plane joint TYP .... . ............................... Typical XCONN . Cross connection UE ... . ........ Underground Electric XSEC . ....... . .......... Cross section USA ................................... Underground Service Alert 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ..................................................................... American Institute of Steel Construction ANSI ....................................................................... American National Standards Institute API ........................................................................................ American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................. American Society for Testing and Materials AWPA ................................................................... American Wood Preservers Association AWS .......................................................................................... American Welding Society AWWA ......................................................................... American Water Works Association FHWA ............................................................................... Federal Highway Administration GRI ................................................................................... Geosynthetic Research Institute NEMA .......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ....................................................................................... Underwriters' Laboratories Inc. USGS .............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. ,, •..-Revised 6115117 Contract No. 6042 Page 51 of 157 1-4.2 Units of Measure and Their Abbreviations. U.S. Customarv Unit (Equal To) SI Unit IAbbrev1at1onsl IAbbreviiiii'onsl 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch \!~l .............................................................................................. 25.4 millimeter (mm) 1 l~~~ (½) .. :::: :::::::::::::::• ••:•::•: :::: :::::::::• :• : •• :•:::•••:::::::::::::::::::}~6fi~~;((~fml 1 yard (yd} ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................ 1.6093 kilometer (km) 1 square foot (ft2) .................................................................•..•............. 0.0929 square meter (m2) 1 square yard (yd2) ................................................................................ 0.8361 square meter (m2) 1 cubic .foot (ft3) ..................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre ................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) .............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounc':. mass (oz) ... _. ......... _. .................................................................. 0.02835 kilogra~ (kg) 1 Ton (-2000 lb avoirdupois) ................................................................ 0.9072 Tonne (-907 kg) 1 Poise .................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) .................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) .................. . .................................................. .4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbflft) ................................................................. 1.4594 Newton per meter (Nim) 1 foot-pound force (ft-lbf} ....................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]ls) ............................................... 1.3558 Watt (W) 1 part per million (ppm} ......................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit ('F): .......................... . .................................. Degree Celsius ('C): "F = (1.8 x 'C) + 32 ............................................ ... . ...................... 'C = ('F -32)11 8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 VoltM 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes ~~~f~c:•:: : ::::::: ::::::::::::::: ::: : •:: ::::::•:::: ::::::::::::::::::::•::::::::::: 1g~: [i~~~~):::::::::: :::::::::•:: •: :• ::::: :: :•:•::•::::: :::: :: : :::::::::: ::::::::::::::1g:~2 1-5 SYMBOLS Ll. L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ~ \iJ Revised 6/15/17 Contract No. 6042 Page 52 of 157 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), which- ever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. :) ~ \iJ Revised 6/15/17 Contract No. 6042 Page 53 of 157 L Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract 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 Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section . ... \iJ Revised 6/15/17 Contract No. 6042 Page 54 of 157 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 com- missioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 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 desig- nated "SSPWC", as amended. 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 Depart- ment of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. ft \i1 Revised 6/15/17 Contract No. 6042 Page 55 of 157 L L The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract 5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6. Plans. 7. Standards plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. e. Traffic Signal Design Guidelines and Standards. f. State of California Department of Transportation Standard Plans. g. State of California Department of Transportation Standard Specifications. h. California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. Standard Specifications for Public Works Construction, as amended. 9. Reference Specifications. 10. Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifica- tions are used to modify the SSPWC or added to the SSPWC by any of the contract documents l' • .,, Revised 6/15/17 Contract No. 6042 Page 56 of 157 the CAL TRANS specifications shall have precedence only in reference to the materials and con- struction materials referred to in the CAL TRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CAL TRANS specifications in all other matters. 2-5,3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submit- tals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: · 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor's certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submit- tals 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." " • ., Revised 6/15/17 Contract No. 6042 Page 57 of 157 L By: ____________ _ Title:-------'--------- Date: _____________ _ Company Name: ___________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to_ clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: 1 7-10.4.1 2 207-2.5 3 207-8.4 4 207-10.2.1 5 300-3.2 6 303-1.6.1 7 303-1.7.1 8 303-3.1 9 304-1.1.1 10 304-1.1.2 11 304-2.1 12 306-2.1 13 306-3.1 14 306-3.4 15 306-6 16 17 306-8 307-4.3 TABLE 2-5.3.2 (A) Title· . Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facili- ties Microtunneling Controller Cabinet Wirina Diaarams ' "· ',: · . Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Sianal 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 as- sembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifi- cations for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to 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 ~ \iJ Revised 6/15/17 Contract No. 6042 Page 58 of 157 information for systems shall be bound together and include all manufactured items for the sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 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, man- ufactured 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 therefor. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil 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 pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. " • .,, Revised 6/15/17 Contract No. 6042 Page 59 of 157 c... 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11") paper. The field notes, calculations and support- ing 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 docu- mentation 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 surveying that such map is required under§§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, 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 ~ \iJ Revised 6/15/17 Contract No. 6042 Page 60 of 157 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 loca- tions 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 con- struction 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 by others. TABLE 2-9.2.2(A) Survev Reouirements for Construction Stakino Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scriotion al ino®,11) ina G. II) !Within I Street Centerline SDRS M-10 s1000', Street Intersections, Begin and end on street cen-0.02' Monument of curves, only when shown on the plans terline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, s 50' on tangents at clearing line 1' Horizontal painted line & ~ 25' on curves, Painted line -continuous bn PCC &AC surfaces Slope RP+ Marker lntervisible ands 50' Grade Breaks 0.1' Vertical & Hori- Stake &s25' zontal Fence RP+ Marker s 200' on tangents, s 50' on curves when N/A 0.1' Horizontal Stake Re 1000' & 25' on curves when Rs 1000' ( constant off- set\ Rough Grade RP+ Marker s50' N/A 0.1' Vertical & Hori- Cuts or Fills~ 1 O Stake zontal m 133•1 Final Grade (in-RP+ Marker ~ 50' on tangents & curves when R~ 1000' s22' 3/a" Horizontal & ¼" eludes top of: Stake, Blue-& Vertical Basement soil, top in grad-s 25' on curves when Rs 1000' subbase and ing area base\ Asphalt Pave-RP, paint on s 25' or as per the intersection grid points edge of pave-3/6" Horizontal & ¼" ment Finish previous shown on the plan whichever provides the ment, paving Vertical Course course denser information pass width, crown line & arade breaks Drainage Struc-RP+ Marker intervisible & s 25', beginning and end, BC as appropriate 'ta" Horizontal & 1/, tures, Pipes & Stake & EC of facilities, Grade breaks, Alignment Vertical similar Facili-breaks, Junctions, Inlets & similar facilities, tiesCD, (J) Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP+ Marker s 25', BC & EC, at ¼'1, 1/,il & ¾,1 on curb ( constant off-'ta" Horizontal & ¼" Stake returns & at beninninn & end set) Vertical Traffic Signal CD Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk ft \i4' Revised 6/15/17 Contract No. 6042 Page 61 of 157 Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scrintion 0 inn® $ inn G>, $ /Within I Signal Poles & RP+ Marker at each pole & controller location as appropriate 3/s" Horizontal & ¼" Controller <D Stake Vertical Junction Box RP+ Marker at each junction box location as appropriate 'ta" Horizontal & 11, <D Stake Vertical Conduit <D RP+ Marker s 50' on tangents & curves when R2 1000' as appropriate 3/a" Horizontal & when Stake & depth cannot be ~ 25' on curves when R s 1000' or where measured from exist- grades 0.30% ing pavement ¼" Vertical Minor Structure RP+ Marker for catch basins: at centerline of box, ends as appropriate 3/a" Horizontal & ¼" <D Stake+ Line of box & wings & at each end of the local Vertical (when vertical Stake denression <5:l data needed\ Abutment Fill RP+ Marker s 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Hori- Stake+ Line zontal Stake Wall <D RP+ Marker s 50' and at beginning & end of: each wall, as appropriate 1/l Horizontal & ¼" Stake+ Line BC & EC, layout line angle points, changes Vertical Point +Guard in footing dimensions &/or elevation & wall Stake heiaht Major Structure (l) Footings, RP+ Marker 1 0' to 33' as required by the Engineer, BC & as appropriate ".j/a" Horizontal & ¼" Bents, Abut-Stake+ Line EC, transition points & at beginning & end. Vertical ments & Point +Guard Elevation points on footings at bottom of Winnwalls Stake columns Superstruc-RP 1 0' to 33' sufficient to use string lines, BC & as appropriate 3/a" Horizontal & ¼" tures EC, transition points & at beginning & end. Vertical C Elevation points on footings at bottom of columns Miscellaneous Cll Contour Grad-RP+ Marker s 50' along contour 0.1' Vertical & Hori- inn <D Stake line zontal Utilities <D, <i> RP+ Marker s 50' on tangents & curves when R2 1000' as appropriate 3/a" Horizontal & ¼" Stake & Vertical s 25' on curves when R s 1000' or where nrade s 0.30% Channels, RP+ Marker intervisible & s 100', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Dikes & Ditches Stake Grade breaks, Alignment breaks, Junctions, Vertical <D Inlets & similar facilities Signs <D RP+ Marker At sign location Line point 0.1' Vertical & Hori- Stake+ Line zontal Point +Guard Stake Subsurface RP+ Marker intervisible & s 50', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Drains <D Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar fa- cilities Overside Drains RP+ Marker longitudinal location At beginning & 0.1' Horizontal & '/, <D Stake end Vertical Markers <D RP+ Marker for asphalt street surfacing s 50' on tan-At marker lo-1U Horizontal Stake gents & curves when R2 1000' & s 25' on cation(s) curves when R < 1000'. Railings & Bar-RP+ Marker At beginning & end and s 50' on tangents & at railing & 13/a" Horizontal & Verti- riers <D Stake curves when R 2 1000' & s 25' on curves barrier loca-cal when R ~ 1000' tion(s) AC Dikes Q) RP+ Marker At beginning & end as appropriate 0.1' Horizontal & Ver- Stake tical Box Culverts 10' to 33' as required by the Engineer, BC & as appropriate 3/a" Horizontal & ¼" EC, transition points & at beginning & end. Vertical Elevation ooints on footincis & at invert " • .,. Revised 6115117 Contract No. 6042 Page 62 of 157 Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scription <ll ing®,G> ing a>, G> (Within) Pavement RP 200' on tangents, 50' on curves when at pavement ¼" Horizontal Markers()) R;, 1000' & 25' on curves when R,;; 1000'. marker loca- For PCC surfaced streets lane cold joints tion(s) will suffice (D Staking for feature may be omitted when adJacent marker stakes reference the offset and elevation of those fea- tures and the accuracy requirements of the RP meet the requirements for the feature <ll 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 (l) Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto. (l) Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the fea- ture @ ;, means greater than, or equal to, the number following the symbol. ,;; means less than, or equal to, the number following the symbol. (J) 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(8) Tvne of Stake Horizontal Control Vertical Control Clearina Grading Structure Drainage, Sewer, Curb Riaht-of-Wav Miscellaneous Survey Stake Color Code or onstruct1on TABLE 2-9.2.2(8) f C Descrlctlon S k" ta mg Coordinated control points, control lines, control reference points, cen- terline, alignments, etc. Benchmarks Limits of clearina Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridaes sound and retainina walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs cutters etc. Fences, R/ W lines, easements. orooeJtV monuments, etc. Signs, railings, barriers, lighting, etc. • Flagging and marking cards, 1f used. Color" White/Red White/Orange Yellow/Black Yellow White Blue White/Yell ow Oranae 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the -~ \iJ Revised 6/15/17 Contract No. 6042 Page 63 of 157 L absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished 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 mat- ters 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 instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. (\ • .,, Revised 6/15/17 Contract No. 6042 Page 64 of 157 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are in- volved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an c1djustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. (' •..-Revised 6/15/17 Contract No. 6042 Page 65 of 157 l. 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 Specifica- tions, 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 Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. l' • ., Revised 6/15/17 Contract No. 6042 Page 66 of 157 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost offuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacturer . ... \i;J Revised 6/15/17 Contract No. 6042 Page 67 of 157 L The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor .................................... 20 2. Materials ............................... 15 3. Equipment Rental ................... 15 4. Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 0 Revised 6/15/17 Contract No. 6042 Page 68 of 157 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. " • .,. Revised 6/15/17 Contract No. 6042 Page 69 of 157 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City's proposed final estimate in order for it to be further considered." 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 sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. L Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. ~ \iJ Revised 6/15/17 Contract No. 6042 Page 70 of 157 All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 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: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (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 " • ., Revised 6/15/17 Contract No. 6042 Page 71 of 157 c... what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 1 O business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements 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. ft \iJ Revised 6/15/17 Contract No. 6042 Page 72 of 157 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a :-) public entity because privily of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- . quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (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 l\ •+;' Revised 6/15/17 Contract No. 6042 Page 73 of 157 (... claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. L (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 ( com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. ft \ii Revised 6/15/17 Contract No. 6042 Page 74 of 157 20104.4. The following procedures are established for all civil actions filed to resolve claims sub-:) ject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 ( commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. ") (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. (' ., Revised 6/15/17 Contract No. 6042 Page 75 of 157 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety ~ ~, Revised 6/15/17 Contract No. 6042 Page 76 of 157 regulations as may apply. Contractor shall furnish Engineer with such information as may be nee-J essary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay .for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. " Wfi' Revised 6/15/17 Contract No. 6042 Page 77 of 157 c.. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. l\ • ., Revised 6/15/17 Contract No. 6042 Page 78 of 157 The accuracy of the work of a scale service agency, except as stated herein, shall meet the _"') standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The inves- tigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional in- formation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledge- ment, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Con- tractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the coop- erative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may ., Q Revised 6/15/17 Contract No. 6042 Page 79 of 157 C... provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: '- 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the inves- tigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as 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 Con- tractor 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 agree- ment shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. (' ti Revised 6/15/17 Contract No. 6042 Page 80 of 157 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. " • .., Revised 6/15/17 Contract No. 6042 Page81 of157 C.., Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements be- fore 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 man- hole 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 prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are rioted 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. ~ \i1 Revised 6/15/17 Contract No. 6042 Page 82 of 157 Such temporary omission shall be for the Contractor's convenience and no additional compensa-:) tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 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 avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ft \iJ Revised 6/15/17 Contract No. 6042 Page 83 of 157 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's man- agement personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the precon- struction meeting. 6-1.1.1 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 Base- line Construction Schedule shall include each item and element of Selctions 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 re- quired 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 se- quencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. " • ., Revised 6/15/17 Contract No. 6042 Page 84 of 157 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to J 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 Contrac- tor 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 activi- ties, including submittals, interfaces between utility companies and other agencies, project mile- stones 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 accu- rately 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 Con- struction 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 Contrac- tor'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 du- ration 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. l' • ., Revised 6/15/17 Contract No. 6042 Page 85 of 157 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 Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engi- neer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions within 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 Construc- tion 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 cor- rections 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 a·nd 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 dur- ing 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 Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. l' • .,, Revised 6/15/17 Contract No. 6042 Page 86 of 157 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 resub- mittal 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 re- turning 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. J 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 Sec- tion 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. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substan- tially 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 :) ~ \iJ Revised 6/15/17 Contract No. 6042 Page 87 of 157 '- 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 Sched- ule 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 Revi- sions 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. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 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. 6-2.3 Project Meetings. The City Engineer will establish the time and location of Project Meet- ings. The Contractor's Representative shall attend each Project Meeting. The Project Representa- tive 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 Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply ~ ~, Revised 6115117 Contract No. 6042 Page 88 of 157 immediately with any written order of the Engineer. Such suspension shall be without liability to ') the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. ft ~, Revised 6/15/17 Contract No. 6042 Page 89 of 157 '- 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELA VS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling offorces, 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 classi- fication of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. '-' • .,, Revised 6115117 Contract No. 6042 Page 90 of 157 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 90 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 associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless 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. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work out- side 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 pro- hibition 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 work- ing day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Con\ractor's written assertion that the Work has been completed. (' ti Revised 6/15/17 Contract No. 6042 Page 91 of 157 C.... The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one-year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of seven hundred fifty Dollars ($750.00). Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that seven hundred fifty Dollars ($750.00). per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any dam- ages. 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 im- provement 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 com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. l\ • ., Revised 6/15/17 Contract No. 6042 Page 92 of 157 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to un- dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." " .... Revised 6/15/17 Contract No. 6042 Page 93 of 157 C The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. '- All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7 -6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An 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 pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by 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. ~ ~, Revised 6/15/17 Contract No. 6042 Page 94 of 157 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incom- plete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed imme- diately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust " • .,. Revised 6/15/17 Contract No. 6042 Page 95 of 157 C.., control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. '- 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 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 Storm- water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic ~ \i1 Revised 6/15/17 Contract No. 6042 Page 96 of 157 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 installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307 -1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been ft ~, Revised 6/15/17 Contract No. 6042 Page 97 of 157 C.... completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. (.. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal com- pany, Coast Waste Management at 760-929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 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 ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descrip- tion of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. 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 du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam- ple 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 ad- vance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. (' • ., Revised 6115117 Contract No. 6042 Page 98 of 157 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 com- pensation 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 else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com-:) pletion of the Work. · After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1. The Engineer ............................................................................. . 2. Carlsbad Fire Department Dispatch .......................................... . 3. Carlsbad Police Department Dispatch ...................................... . 4. Carlsbad Traffic Signals Maintenance (extension 2937) .......... .. 5. Carlsbad Traffic Signals Operations ........................................ .. 6. North County Transit District .................................................... . 7. Waste Management ................................................................... • 760-602-2720 760-931-2197 760-931-2197 760-438-2980 760-602-2752 760-967-2828 760-929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. ~ \iJ Revised 6/15/17 Contract No. 6042 Page 99 of 157 (_ 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 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delin- eation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb mark- ing shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled way and shielded from the.view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equip- ment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6', nor oper- ate equipment within 6' from any traffic lane occupied by traffic. For equipment the acceptable shy distance, 6' and shall be measured from the closest approach of any part of the equipment as it fl .., Revised 6/15/17 Contract No. 6042 Page 100 of 157 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 2 paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The pro- visions in this section will not relieve the Contractor from its responsibility to provide such addi- tional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Cal- ifornia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 5, as amended for use in California published by CAL TRANS. Whenever the work causes obliteration of pave- ment 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 estab- lish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mate- rial. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new ft \i;J Revised 6/15/17 Contract No. 6042 Page 101 of 157 traffic pattern for the area and is no longer required for the direction of public traffic. Wher.i tem- porary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. 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 TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day re- view 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 sub- mittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supple- ments and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2014 Revision 5, 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 regis- tered 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. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as spec- ified 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 in- cluded in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress ft \iJ Revised 6/15/17 Contract No. 6042 Page 102 of 157 payments for "Traffic Control" will be based on the percentage of the improvement work com-.) pleted. 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 Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: ft "' Revised 6/15/17 Contract No. 6042 Page 103 of 157 '- (_ 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR 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 infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and ~ \iJ Revised 6/15/17 Contract No. 6042 Page 104 of 157 Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel J 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 par- ties." (' ti Revised 6/15/17 Contract No. 6042 Page 105 of 157 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A facility for agency personnel is not required. ~ \i+Y Revised 6/15/17 Contract No. 6042 Page 106 of 157 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Stand- ard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "LS.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT. 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. " • .,. Revised 6/15/17 Contract No. 6042 Page 107 of 157 L Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay 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) C.. days of receipt of the progress estimate, submit a supplemental payment request to the Engineer ~ ~, Revised 6/15/17 Contract No. 6042 Page 108 of 157 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 Engi- neer 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 pay- ment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 1 0 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to 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. " • .,, Revised 6/15/17 Contract No. 6042 Page 109 of 157 '- 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, or 6-7 .3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims 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 included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation sys- tems, 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 ex- pense. Clearing and Grubbing (Bid Item No. 1) The contract lump sum price paid for this bid item shall constitute full compensation for removal, disposal, and adjustment of items in accordance with the specifications and contract documents. l' • ., Revised 6/15/17 Contract No. 6042 Page 11001157 This includes but is not limited to protection of adjacent public and private improvements and/or :) facilities, demolition, saw cutting, removals, disposal, and adjustment. Unclassified Excavation (Bid Item No. 2) The contract lump sum price paid for this bid item shall constitute full compensation for all exca- vation necessary to complete the improvements in accordance with the specifications and con- tract documents. This includes but is not limited to excavating, sloping, loading, disposing of sur- plus material, stockpiling, and hauling to its final location. Construct Class II Aggregate Base (Bid Item No. 3) The contract unit price paid for this bid item shall constitute full compensation to install and com- pact Class 2 aggregate base in accordance with the city standards, specifications, and contract documents and as directed by the City's representative. Construct Asphalt Concrete Pavement (Bid Item No. 4) The contract unit price paid for this bid item shall constitute full compensation to install in accord- ance with the specifications and contract documents. Fog Seal (Bid Item No. 5) The contract unit price paid for this bid item shall constitute full compensation furnish and install the fog seal coat in accordance with the specifications and contract documents. Construct 4" Stamped Concrete Median (Bid Item No. 6) The contract unit price paid for this bid item shall constitute full compensation to construct 4" colored stamped concrete in accordance with the specifications and contract documents. Construct 6" Median Curb Modified per City of Carlsbad STD Dwg GS-18 (Bid Item No. 7) The contract unit price paid for this bid item shall constitute full compensation to construct 6" Median Curb per City of Carlsbad STD Drawing GS-18 in accordance with the specifications and contract documents. Prepare Concrete Bridge Deck Surface (Bid Item No. 8) The contract unit price paid for this bid item shall constitute full compensation to prepare the concrete bridge deck surface for overlay in accordance with the specifications and contract doc- uments. Treat Concrete Bridge Deck Surface (Bid Item No. 9) The contract unit price paid for this bid item shall constitute full compensation to treat the concrete bridge deck surface with methacrylate resin in accordance with the specifications and contract documents. Furnish Concrete Bridge Deck Treatment Materials (Bid Item No. 10) The contract unit price paid for this bid item shall constitute full compensation to furnish mixed high-molecular-weight methacrylate resin in accordance with the specifications and contract doc- uments. Traffic Signal Modifications (Bid Item No. 11) The contract lump sum price paid for this bid item shall constitute full compensation to modify traffic signals in accordance with the specifications and contract documents. l' .... Revised 6/15/17 Contract No. 6042 Page 111 of157 '- Signing and Striping (Bid Item No. 12) The contract lump sum price paid for this bid item shall constitute full compensation to furnish and install signing and striping in accordance with the specifications and contract documents. Mobilization/Demobilization (Bid Item No. 13) The contract lump sum price paid for this bid item shall constitute full compensation for the costs of work in advance of and post construction operations that do not directly attribute to any specific bid item. Storm Water Pollution Control (Bid Item No. 14) The contract lump sum price paid for this bid item shall constitute full compensation to furnish, install and maintain temporary BMPs in accordance with the specifications and contract docu- ments. Traffic and Pedestrian Control, and Traffic and Pedestrian Control Plan (Bid Item No.15) The contract lump sum price paid for this bid item shall constitute full compensation for all traffic and pedestrian control, traffic and pedestrian 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 a 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. Surveying and Construction Staking (Bid Item No. 16) The contract lump sum price paid for this bid item shall constitute full compensation for all sur- veying and staking necessary to complete the improvements in accordance with the specifications and contract documents. Modify Existing Curb Inlet (Bid Item No. 17) Each The contract unit price paid for this bid item shall constitute full compensation to modify the exist- ing curb inlet structure. This includes, but is not limited to, modifications, removal, repairs of side- walk, pavement and existing structure, and fill material in compliance with the SSPWC and the improvement plans along with any equipment and incidentals to accomplish the work for the du- ration of the project, as specified herein and no additional compensation shall be allowed. Detailed modifications are shown in Appendix B as designed by Dokken Engineering, Inc. .">: \i.J Revised 6/15/17 Contract No. 6042 Page 112 of 157 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MA TE RIALS 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 fur- nish 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). Sieve Sizes 50-mm /2") 37.5-mm (1 ½"l 19-mm l¾"l 12.5-mm (½") 9.5-mm /3/a"l 4.75-mm (No. 4) 2.36-mm /No. 8) 75-µm (no. 200) Sieve Sizes 25-mm /1'') 19-mm (¾") 9.5-mm /3/a"l 4.75-mm (No. 4) 2.36-mm /No. 8) 600-µm (No. 30) 300-um /No. 50) 75-µm (no. 200) ~ \iJ Revised 6/15/17 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Type B 100 95-100 50-100 -- 15-55 0-25 0-5 0-3 Percentaae Passina 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Contract No. 6042 Page 113 of 157 L L '- 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Cal- trans 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 or- ganic matter and other deleterious substances and shall be of such nature that it can be com- pacted readily under watering and rolling to form a firm, stable base. Aggregate may include ma- terial processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" 11/2'' ...... . 1" ........ .. 3/4" No.4 No. 30. No. 200 ... AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78Min. 25Min. 35Min. The aggregate shall not be treated with lime, cement or other chemical material before the Dura- bility 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, an- other 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 spec- ified 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 En- gineer, 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 deductthis amount from any l' • .,. Revised 6/15/17 Contract No. 6042 Page 114 of 157 moneys due, or that may become due, the Contractor under the contract. If both the aggregate grad- ing and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) <3> PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) <1> Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250\ Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500Pl Maximum Slump mm (Inches} (2) 200 (8'') 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201- 1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 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 in- stallation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. ft ~, Revised 6/15/17 Contract No. 6042 Page 115 of 157 L Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: Match existing paving 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 manu- facturer'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 per- centage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: 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 nat- ural 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 ma- sonry 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 Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours voe Content: None (0 g/I) excluding water ft \i1 Revised 6/15/17 Contract No. 6042 Page 116 of 157 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 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 per- centage 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 ½" 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. ft \iJ Revised 6/15/17 Contract No. 6042 Page 117 of 157 C... 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. L '- 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; 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 Litho- seal 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 sub- strates, 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 pre-formed, compressible, resilient, nonstaining, nonwaxing, non- extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyeth- ylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polysty- rene 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 Results Conditions (ASTM Designation) Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25•c. 150 o, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 25•c Softenino Point. ASTM D36 82 •c, min. DuctilitY, ASTM D 113 300mm, min. 25°C, 50 mm/min Flash Point, COC, °C ASTM D 92 288 •c, min. Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20 Thermosel, rpm, 190°C, SECTION 203 -BITUMINOUS MATERIALS 203-3 EMULSIFIED ASPHALT. 203-3.1 General. Replace the entire subsection with the following: For fog seal, emulsified asphalt shall be CQS-1h conforming to 203-3 of the Greenback unless otherwise approved by Engineer. A Certificate of Compliance conforming to 4-5 of the Green book shall be submitted to the Engineer prior to application. ft \iJ Revised 6/15/17 Contract No. 6042 Page 118 of 157 203-4 FOG SEAL. 203-4.1 General. Add the following: Fog seal shall consist of CQS-1h emulsified asphalt conforming to 203-3 of the Greenbook diluted with water at a ratio not to exceed 1 : 1 ( diluted up to 50 percent with water) unless otherwise approved by the Engineer followed immediately by a light application of blotter sand. Dilution shall be performed at the point of production. Field dilution will not be allowed. A Certificate of Compli- ance conforming to 4-5 of the Greenbook shall be submitted to the Engineer prior to application. The Certificate of Compliance shall reflect the diluted material. Emulsified asphalt shall be diluted at the emulsified asphalt plant and no more than 24 hours before its intended use. 203-6 ASPHALT CONCRETE. Add the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conform- ance with the mix design when the Asphalt Binder content is within +/-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 grad- ing as shown in Table 203-6.4.3 (A). 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 con- crete 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 accord- ance 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 lnstitute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. (' ti Revised 6/15/17 Contract No. 6042 Page 119 of 157 L L 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 con- crete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 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 ser- viceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and alumi- num marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the signpost 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 plas- tic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. ft ~, Revised 6/15/17 Contract No. 6042 Page 120 of 157 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion 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 coat- ing shall be Class 2 with a mass between 10 milligrams per square foot Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be pro- vided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 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 porta- ble signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accord- ance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the service- ability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion 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 coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, ft ~, Revised 6/15/17 Contract No. 6042 Page 121 of 157 (_ and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. L '- 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a. Wood posts shall not be used. b. Back braces and blocks for sign panels will not be required. c. The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d. Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (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 signposts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7 .2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tub- ing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be per- forated on all four faces with 11 mm (7/16") holes on 25 mm (1") centers. '-' • ., Revised 6/15/17 Contract No. 6042 Page 122 of 157 Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011 ", -0.005"). Convexity and concavity measured in the center of the flat side shall not ex- ceed a tolerance of +0.25 mm (+0.010") 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(8). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm /inches\ mm /inches\ 25x25 (1 X 1\ 0.13 0.005 32 X 32 (1¼x1¼\ 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44x44 (1¾ X 1¾) 0.20 0.008 51 X 51 (2 X 2\ 0.20 0.008 56 x56 (23/,s x 23/,s\ 0.25 0.010 57 X 57 (2¼ x2¼) 0.25 0.010 64x 64 (2½ x2½) 0.25 0.010 51 X 76 (2 X 3\ 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness<1> Twist Permissible in 900 mm (3") mm (Inches) mm (Inches) mm<2> (lnches)<2> 25x 25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38x 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44 x44 (1-¾x 1-¾\ 0.25 0.010 1.6 0.062 51 X 51 (2 x2\ 0.30 0.012 1.6 0.062 56 x56 (2-3/10 X 2-3/10) 0.36 0.014 1.6 0.062 57 x57 (2-¼ X 2-1/,) 0.36 1.014 1.6 0.062 64x 64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 x3) 0.46 0.018 1.9 0.075 ('l Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type Ill. ft \iJ Revised 6/15/17 Contract No. 6042 Page 123 of 157 L 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 con- troller 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') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-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 cl,;3rity 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 com- plete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that au- tomatically 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-pro- grammed 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 op- erator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and main- tained 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 ac- cordance with the manufacturer's recommendations. When ownership is transferred to the City ~ \iJ Revised 6/15/17 Contract No. 6042 Page 124 of 157 (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 compensa- tion 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 lo- cation 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 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 /Al Surface to be Painted Pre-treatment/ Surface Prep-Primer Finish Coats aration Temporary Railing type Abrasive Blast Cleaning to a None Two coats white Acrylic (K) Roughened, Textured Appear-Emulsion Paint <1> ance (1) acrylic emulsion paint designed for use on extenor 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, chev- rons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, park- ing stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specifi- cation No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermo- plastic material and glass beads may be obtained from the CAL TRANS Transportation Labora- tory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Green paint for green bike lane marking shall have chromaticity coordinates per FHWA interim approval IA- 14. Green traffic paint to be EF series WB GRN fast dry 1952F ½, Product Code: 183, Product Color: Green (34108) by Ennis-Flint or Approved Equal. Paint to conform to Federal spec TT-P- 1952F Type I and II. 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 " • .,, Revised 6/15/17 Contract No. 6042 Page 125 of 157 (_ welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fab- rication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designa- tion: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Gal- vanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, mill- ing, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvaniz- ing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted as- semblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galva- nizing and shall conform to the requirements for thread dimensions and overlapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (or- ganic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. Add the following section: 210-6 METHACRYLATE RESIN BRIDGE DECK TREATMENT. 210-6.1 General. Add the following: For special provisions for methacrylate resin bridge deck treatment, see Section 311-2. SECTION 213 -ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in (_ Table213-2.1(A). #1t \iJ Revised 6115117 Contract No. 6042 Page 126 of 157 Table 213-2.1(A) GEOTEXTILE APPLICATIONS Annlication of Geotextile Seoaration of Soil and Street Structural Section Seoaration of Soil and Subsurface Annreaate Drain Reinforcement of Street Structural Section Remediation and Senaration of Soil Reinforcement of Soil Drainaae at the Interface of Soil Structures Drainaae at the Interface of Soil and Structures Rock Slone Protection Fabric for Rock Sizes Below 225 kn I¼ Ton\ Rock Slone Protection Fabric for Rock Sizes lncludina and Above 225 ka I¼ Ton) Plant Protection Coverina Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Soacina Erosion Control Fence with 1.8 m 16'\ Post Soacina and No Wire Fencina Add the following section: 213-3 EROSION CONTROL SPECIAL TIES. Add the following section: Type Designa- tion 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (¾") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-6 PAVEMENT MARKERS. 214-6.4 Retroflective Pavement Markers Add the following section: 214-6.4.3 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 214-6.4.3 TEMPORARY REFLECTIVE PAVEMENT MARKERS T e TOM-Temporary Overlay Markers ft . \i1 Revised 6115117 Manufacturer of Distributor Davidson Traffic Control Products, 3110 70th Avenue East, Ta- coma, WA 98424, 877 335-4638 Contract No. 6042 Page 127 of 157 l, Add the following section: c.. 214-6.4.4 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 illumina- tion of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. Tvoe Safe-Hit SH336SMA Carsonite "Super Duck" SDR3036 Repo "The Replaceable Post" TABLE 214-6.4.4 REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 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 reflec- tive 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. ft \i1 Revised 6/15/17 Contract No. 6042 Page 128 of 157 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, sawcutting asphalt and concrete, 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 shall be made therefor. Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items. Dust control throughout the duration of the project conforming to Section 7-8.1, Cleanup and Dust Control, of these Special Provisions. Progressive clean-up and maintenance of project appearance. Control of water and dewatering during construction. Clean-up of project area upon completion of the Work. Pruning and disposing of interfering portions of shrubs, maintaining existing public sprinkler sys- tems in working order. This includes water supply, water distribution, electrical supply, and elec- trical control elements of the existing sprinkler system. Adjustment to finished grade of all existing improvements not identified in the plans. Removal and relocation of miscellaneous items such as street signs, posts and poles. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing asphalt concrete and aggregate base, concrete curb and gutter, concrete median, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. l' •.,-Revised 6/15/17 Contract No. 6042 Page 129 of 157 300-1.4 Payment. Modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile loca- tions and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits within the limits of excavation. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made therefor. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of any kind, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2 Unsuitable Material. 300-2.2.1 General. Add the following: Alluvial and colluvial removal and recompaction shall con- sist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Lump Sum Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.6 Surplus Material. Add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. Delete the second paragraph relating to materials removed from stock- piles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ~ \.J Revised 6/15/17 Contract No. 6042 Page 130 of 157 ground contours after clearing and grubbing and the bottom of areas of excavation to the design J elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300- 2.2.3 and 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. Substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compact- ing, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefor. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. Add the following: Except as provided in section 300-4. 7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.5 Placing Materials for Fills. Add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insuffi- cient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room {'\ • ., Revised 6/15/17 Contract No. 6042 Page 131 of 157 (._ between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. L '- 300-4.6 Application of Water. Add the following: The Contractor shall place all fill soil at a mois- ture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. Add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6'') shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. Add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. Delete and substitute the following: Unclassified fill, grad- ing, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclas- sified excavation, and no additional payment will be made therefor. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported bor- row shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests Test Method No. Requirements R-Value Calif. 301 40 Min. Exoansion Index UBC Standard 18-2 10 Max. Plasticitv Index ASTM D424 4 Max. Sieve Analysis ASTM D422 Percent Passino 75u /No. 200\ 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control con- forming to the requirements as specified herein, and as elsewhere required by the Contract Doc- uments. Erosion control and water pollution control shall include the work specified herein, and (\ • .,, Revised 6/15/17 Contract No. 6042 Page 132 of 157 such additional measures, as may be directed by the Engineer, to meet Best Management Prac-J tices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on-site and off-site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", Janu- ary 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a. Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b. The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include but shall not be limited to temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embank- ment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c. Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the require- ments of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for Storm Water Pollution Control, and no additional compen- sation will be allowed therefore. ~ \iJ Revised 6/15/17 Contract No. 6042 Page 133 of 157 '- L l 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 Con- tractor 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 re- compact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING 302-1 FOG SEAL. Add the following section: 302-1.1 General. Fog Seal shall conform to Caltrans Standard Specification, 2018, Section 37-4 FOG SEAL AND FLUSH COATS, Subsection 37-4.02 FOG SEALS except as follows: Add the following section: 302-1.2 Materials. Add the following section: 302-1.2.1 Emulsified Asphalt. Unless otherwise approved by the Engineer, emulsified asphalt for fog seal applications shall consist of minimum 50 percent CQS-1 h confirming to 203-3 of the Green book and up to 50 percent water conforming to 203-3.2 of the Green book. Emulsified asphalt shall be diluted up to 50 percent with water at the emulsified asphalt plant and no more than 24 hours before its intended use. Emulsified asphalt shall not be diluted in the construction field. A Certificate of Compliance conforming to 4-5 of the Green book shall be sub- mitted to the Engineer prior to application. Add the following section: 302-1.2.2 Sand. Sand for blotter sand shall be sand for Portland cement concrete conforming to 200-1.5.3 of the Greenbook. A Certificate of Compliance conforming to 4-5 of the Greenbook shall be submitted to the Engineer prior to application. ~ U Revised 6/15/17 Contract No. 6042 Page 134 of 157 Add the following section: :) 302-1.3 Application. The application rate of the fog seal coat shall be between 0.06 and 0.12 gallon of diluted material per square yard of pavement treated unless otherwise approved by the Engineer. The exact application rate shall be determined and recommended by the Contractor and approved by the Engineer. Immediately following application of the fog seal, blotter sand shall be applied at a rate of 1.0 to 2.0 pounds per square yard unless otherwise approved by the Engineer. The exact rate will be determined by the Contractor. Sand blotter shall be spread with a mechanical device that spreads sand at a uniform rate over the full width of a traffic lane in a single application. Excess sand shall be removed from the road surface by sweeping. Fog seal shall only be placed if existing pavement surface is dry and both the pavement and ambient temperatures are at least 50'F and rising. Application of the fog seal shall be only during daylight hours and be completed at least 2 hours before sunset unless otherwise approved by the Engineer. When precipitation is forecasted during the application and curing period slurry seal or fog seal activities shall not be started. Fog seal or slurry seal shall not be placed within 24 hours of rain or within 24 hours of forecast rain or freezing temperatures. If a condition is identified that causes an unsatisfactory fog seal, all production and application work shall be stopped, and corrective action shall be immediately performed at no additional cost to the contract. If there are adverse environmental conditions, the Engineer shall be provided with an action plan that clearly demonstrates how the fog seal operation will be adjusted for the actual environmental conditions. Fog seal shall be allowed to cure undisturbed for at least 2 hours and until the emulsified asphalt breaks and is substantially tack free. Unabsorbed emulsified asphalt shall be covered with blotter sand to protect traffic or minimize rain damage. Excess blotter sand shall be removed by sweeping after the emulsified asphalt is absorbed. Removal and disposal of excess blotter material shall be the contractor's responsibility and at no cost to the city. Add the following section: 302-1.4 Roadway Surface Preparations. The road to be fog sealed or slurry sealed shall be swept clean of debris and dust no more than 30 minutes prior to application of the fog seal or slurry seal. However, this 30-minute window may be extended if authorized by the Engineer in cases where extending the time does not jeopardize a clean surface prior to fog seal or slurry seal operations. The pavement shall be swept with a motorized broom to remove loose material. Depressions not reached by the motorized broom shall be cleaned with a hand broom. The outer edges of the pavement to be sealed including an adjacent paved shoulder shall be cleaned. Utility castings including drainage inlets, manholes, gate valve covers, catch basins and sensors shall be covered during the application of seal coat, slurry seal or fog seal. Add the following section: 302-1.5 Quality Control. An effective quality control system shall be established, maintained and followed in accordance with 2018 Caltrans Standard Specification procedures. The quality control system must detail plans, procedures, and organization necessary to furnish and apply a fog seal :) ft Q Revised 6/15/17 Contract No. 6042 Page 135 of 157 L, and slurry that complies with the contract. The quality control system shall be followed until work is accepted. (._ A Contractor Quality Control (CQC) plan shall be established, maintained and followed sufficient to ensure that the warranty related treatment complies with the contract. The CQC plan must cover all fog seal and slurry operations. A copy of the plan shall be submitted to the Engineer, at the preconstruction meeting, for approval. The approved plan shall be followed throughout the project. The following information, at a minimum, shall be included in the CQC plan: 1. Materials to be used on the project. 2. Sampling and testing methods used to determine compliance with material specifications 3. Equipment to be used on the project 4. Calibration method used to determine compliance with the application rates 5. Procedures for pavement preparation 6. Controls implemented by the Contractor to ensure that the fog seal material is cured or set up satisfactorily before opening to traffic 7. Procedures implemented by the Contractor for monitoring initial acceptance requirements The Engineer shall be allowed to have access to all work in progress for the purpose of quality assurance review and testing. Prior to final acceptance, any excess blotter material shall be removed and disposed. Removal and disposal of excess blotter material shall be the contractor's responsibility and at no cost to the city. Add the following section: 302-1.6 Documentation. The Engineer shall be provided with a daily report including the follow- ing information: 1. Project number, route/road, Engineer 2. Date, air temperature, pavement temperature, humidity 3. Asphalt emulsion temperature 4. Beginning and ending stations 5. JMF: application and dilution rates (asphalt emulsion) 6. Length, width, total square yards 7. Contractor's signature The contractor shall provide proof of calibration of the emulsified asphalt distributor and the sand spreader. Calibration shall be conducted no earlier than five days prior to operations. The con- tractor shall submit the results of the calibration procedure to the Engineer. Add the following section: 302-1.7 Measurement. Fog Seal and blotter sand shall be measured by the Square Yard (SY) of application. Add the following section: 302-1.8 Payment. The payment for "Fog Seal" shall be measured and paid for at the Contract Unit Price bid per square yard and shall include full compensation for all labor, materials, tools, equipment, and all related incidentals required to apply the fog seal in place. ft \iJ Revised 6/15/17 Contract No. 6042 Page 136 of 157 302-4.5 Scheduling, Public Convenience and Traffic Control. Add the following: The Contrac- tor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not sched- ule 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. Ob- taining 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. (Date) (Name of Contractolj (Address of Contractolj ( Contractor's License Numbelj As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be (insert type of resurfacing), beginning in two or three weeks. This process requires that your street be closed for (X hours) starting at 7 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 ½" x 8 ½" 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 a.m. on the day your street will be surfaced, 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 diffi- cult to remove. (Name of Contractolj 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 pro- ject. 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 ½" x 8 ½" card. If you have a moving company scheduled to come " .., Revised 6/15/17 Contract No. 6042 Page 137 of 157 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 Contrac- tor, 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 ap- preciated." During operations, the Contractor's schedule for resurfacing shall be designed to provide resi- dents 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 ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The 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 Con- tractor 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 con- tents 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 du- rability 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 com- pensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: 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. " • .., Revised 6/15/17 Contract No. 6042 Page 138 of 157 Payment for pavement surfacing shall include tree trimming and post emergent herbicide treat- ment of the areas to be surfaced and no extra payment will be made therefor. 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 con- structed the same day as cold milling arid removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at an approximate rate of 0.25 Um2 (0.05 gallon per square yard) shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete. The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with PG 64-10 paving asphalt immediately before the adjoining asphalt concrete is placed. The tack coat shall be PG 64-10 paving asphalt. The Contractors shall place a tack coat between the successive interfaces of existing pavement and hew asphalt concrete. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth para- graph, 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. 302-5.6 Rolling. 302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling pro- cedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. 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 fol- lowing: 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 co- vers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the ad- justment of these appurtenances. :) ~ \i+l Revised 6/15/17 Contract No. 6042 Page 139 of 157 L 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 asphalt concrete shall be at the contract unit price bid per ton and shall include all labor, materials, transportation, equip- ment, compaction, rolling, tack coat, and all work necessary for a complete installation in accord- ance with the Plans and these Special Provisions, and no additional compensation will be allowed therefor. SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: All concrete improvements shall be installed per the City of Carlsbad Standards and the San Diego Regional Standard Drawings. At the discretion of the City Inspector, concrete replacement shall include the removal of un- wanted material beneath the existing concrete, and placement and specified compaction of Class 2 aggregate base, unless deemed unnecessary by the City. The cost of the installation of aggre- gate base and all associated work shall be included in the bid price of that item, unless otherwise noted on the plans. The Contractor shall remove all construction materials and debris from the area of work at the end of each working day. Contractor shall protect existing utility structures prior to and during construction of concrete im- provements. Contractor shall protect existing improvements including, but not limited to water services, irrigation systems, meter boxes, mailboxes, curb drains, walkways, pavers, plants, trees, shrubs, fences etc. Contractor shall be responsible for the replacement of improvements dam- aged during construction. The Contractor shall replace damaged improvements within 72 hours. Contractor shall replace survey pins that were removed or damaged during construction to their original location. No extra payment will be made for replacing survey pins. Contractor shall adhere to all relevant stormwater regulations and implement best management practices for the project site. All material removed from the site shall be disposed of at the Contractor's expense at a site ap- proved by the City. The Contractor shall attempt to have the materials recycled. Where tree roots are present and damaging or uplifting the existing concrete, the Contractor shall cut and remove the roots. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. Contractor shall dispose of organic debris, including tree root cuttings. Payment for root removal shall be included in the unit price bid for the improvement and no additional payment will be made therefor. ~ ~, Revised 6/15/17 Contract No. 6042 Page 140 of 157 Root pruning or cutting shall be supervised by the project arborist or designated City representa- tive. No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one inch (1 ") in diameter may be cleanly cut at the edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots may not be cut. In the event that a root may not be cut, the Contractor will pour over the root in place. The roots shall be cut with a root-cutter equal to a depth of 12 inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City arborist. All damage to trees shall be reported promptly to the arborist for appropriate treatment. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A). T Water Service Lateral Sewer Service Lateral TABLE 303-5.5.2(A) Curb Face Markin s lrri ation Water Lateral or Sleeve 303-6 STAMPED CONCRETE. Markin w s RW 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 El Camino Real Medians -Use color application method "B" (integral color). Color shall be per Section 201-1.2.4(a). The pattern shall match existing pattern. The pattern shall match the existing median condition adjacent to the proposed construction along El Camino Real. 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 "Construct 4" Stamped Concrete Median". Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, base material and other materials 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, cross- walks, and other designated markings in accordance with the Plans, or for approved temporary ,, • .,. Revised 6/15/17 Contract No. 6042 Page 141 of 157 (... detours essential for safe control of traffic through and around the construction site. The Contrac- tor shall remove by wet grinding all existing or temporary traffic markings and lines that may con- fuse 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. L 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/s") in 3 m (1 O') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (1 O') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contrac- tor 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 re- moval 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 Con- tractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt concrete over- lay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contrac- tor 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 es- tablishment of the necessary control points. The Contractor shall establish all traffic striping be- tween 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 instal- lation 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. '-' • ., Revised 6/15/17 Contract No. 6042 Page 142 of 157 310-5.6.1 0 Measurement and Payment. Modify the first paragraph as follows: Final and tempo-J rary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Signing and Striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. 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 and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing perma- nent 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 311-SPECIAL PROTECTIVE MATERIAL Add the following: 311-2 METHACRYLATE RESIN BRIDGE DECK TREATMENT. 311-2.1 General. This section includes specifications for preparing and treating bridge decks with a high-molecular-weight methacrylate resin. 311-2.2 Submittals. Submit a work plan for applying the methacrylate resin treatment. Include in the plan: 1. Schedule of work for the bridge 2. Description of equipment for applying resin 3. Range of gel time and final cure time for resin 4. Description of absorbent material to be used 5. Description of equipment for applying and removing excess sand and absorbent material 6. Procedure for removing resin from the deck and equipment to be used 7. Procedure for storing and handling resin components and absorbent material 8. Procedure for disposing of excess resin and containers 9. Procedure for avoiding spills or discharges of methacrylate, including materials and equip- ment. 10. Procedure for cleaning up spills or discharges of methacrylate, including materials and equipment. 11. Procedure for preventing resin from dripping from the structures. " • ., Revised 6/15/17 Contract No. 6042 Page 143 of 157 C... Submit a safety data sheet for each resin component and diatomaceous earth shipment before use. Submit test samples of methacrylate resin components at least 15 days before use. Submit a public safety plan. Include with the submittal: 1. Copy of public notification letter with a list of delivery addresses and posting locations. The letter must describe the work to be performed and state the treatment work locations, dates, and times. Deliver copies of the letter to residences and businesses within 100 feet of treatment work and to local fire and police officials at least 7 days before starting treat- ment activities. Post a copy of the letter at the job site. 2. Airborne emissions. monitoring plan. A Certified Industrial Hygienist (CIH) certified in com- prehensive practice by the American Board of Industrial Hygiene must prepare and exe- cute the plan. The plan must have at least 4 monitoring points, including the mixing point, application point, and point of nearest public contact. 3. Action plan for protecting the public if airborne emissions levels exceed permissible levels. 4. Copy of the Cl H's certification. Submit results from airborne emissions monitoring of the test area before starting production work. Submit results from production airborne emissions monitoring as an informational submittal after completing treatment activities. 311-2.3 Quality Assurance. The job site must have at least 4 airborne emissions monitoring points, including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during methac- rylate treatment activities. Complete a test area before starting deck treatment activities. Notify the Engineer at least 15 days before treating the test area. The test area must be: 1. At least 500 sq ft. 2. Located within the project limits outside the traveled way at an authorized location. 3. Constructed (1) using the same materials, equipment, and construction methods to be used in the work and (2) under conditions similar to those anticipated when the work will be performed. The completed test area must demonstrate (1) compliance with these specifications, (2) work will be completed within the time allowed, and (3) suitability of your airborne emissions monitoring plan. The Engineer performs friction testing of the treated test area under California Test 342. After completion of the test area, allow 10 days for the Engineer to perform the testing. Do not perform deck treatment activities until the test area is authorized. The authorized test area C..., is the standard of comparison in determining the acceptability of treated deck surfaces. ft \iJ Revised 6/15/17 Contract No. 6042 Page 144 of 157 The Engineer may perform testing under California Test 342 to verify the coefficient of friction of the treated deck surfaces. The coefficient of friction of the treated surface must be at least 0.35 when tested under California Test 342. 311-2.4 Materials. High-molecular-weight methacrylate resin consists of resin, promoter, and initiator. High-molecular-weight methacrylate resin must be low odor and comply with the requirements shown in the following table: Qualitv characteristic Test method Reauirement Volatile content• (max, %) ASTM D2369 30 Viscosity• (max, cP, Brookfield RV with ASTM D2196 25 UL adaotor, 50 RPM, at 25 °C) Soecific aravitv' /min, at 25 °C) ASTM D1475 0.90 Flash point" (min, °C) ASTM D3278 82 Vapor pressure• (max, mm Hg, at 25 °C) ASTM D323 1.0 Tack-free time (max, minutes) except Sample 50 ± 5g ASTM C679 400 Test 2 ± 0.05g in 55 ± 5 mm diameter disoosable aluminum weiahina dish PCC-saturated surface-dry bond strength California 500 /min, osi, at 24 hours and 70 ± 2 °F) Test 551 ... 'Perform test before adding the 1mt1ator. Sand for the abrasive sand finish must be a commercial-quality, dry-blast sand. The size of the sand must be such that not less than 95 percent passes the no. 8 sieve and not less than 95 percent is retained on the no. 20 sieve when tested under California Test 205. Absorbent material must be diatomaceous earth, abrasive blast dust, or an authorized substitute recommended by the resin supplier. 311-2.5 Construction. 311-2.5.1 General. Before starting deck rehabilitation activities, complete the installation of any concrete barrier and the removal of any traffic stripes, pavement markings, and pavement mark- ers. 311-2.5.2 Prepare Concrete Deck Surface. Prepare concrete bridge decks before applying deck treatments. Perform the following activities in the order listed: 1. Abrasive blast the deck surface with steel shot. Steel shot must comply with Society for Protective Coatings (SSPC)-AB 3. Recycled steel shot must comply with SSPC-AB 2. 2. Sweep the deck surface. 3. Blow the deck surface clean using high-pressure air. The deck surface must be dry when abrasive blasting is performed. Remove all laitance, surface contaminants, and foreign material from the deck surface. #1t \.J Revised 6/15/17 Contract No. 6042 Page 145 of 157 l. If the deck surface becomes contaminated or you allow traffic on the clean deck before placing the deck treatment or overlay, abrasive blast clean the contaminated area, clean the deck by vacuuming, and blow the deck surface clean using high-pressure oil-free air. When abrasive blasting within 10 feet of traffic, remove the residue using a vacuum attachment operating concurrently with the blasting equipment. 311-2.5.3 Methacrylate Treatment. Deliver the public notification letter to residences and busi- nesses within 100 feet of treatment work and to local fire and police officials at least 7 days before starting treatment activities. Post the letter at the job site. Monitor airborne emissions during treatment activities. Notify the Engineer at least 15 days before delivery of methacrylate resin components in contain- ers larger than 55 gallons to the job site. The Engineer determines the exact methacrylate resin application rate at time of placement. High-molecular-weight methacrylate resin applied by machine must be (1) combined in volumetric streams of promoted resin to initiated resin by static in-line mixers and (2) applied without atomi- zation. You may apply resin manually. Mix at most 5 gallons of resin at a time. The deck must be dry before applying resin. The concrete surface must be from 50 to 100 degrees F. Relative humidity must be not more than 85 percent during the work shift. Thoroughly mix all resin components. Apply resin to the deck within 5 minutes of mixing. The approximate application rate is 75 sq ft/gal. Resin that thickens during application is rejected. Uniformly spread the resin. Completely cover surfaces to be treated and fill all cracks. Redistribute excess resin using squeegees or brooms within 10 minutes of application. For textured or grooved deck surfaces, remove excess resin from the texture indentations. Apply the abrasive sand finish no sooner than 20 minutes after applying the resin. The sand application rate must be at least 2 lb/sq yd or until saturation as determined by the Engineer. Apply absorbent material before opening the lane to traffic. Remove excess sand and absorbent material by vacuuming or power sweeping. Traffic or equipment is not allowed on the treated surface until you have verified that the following conditions have been met and the Engineer has authorized the opening of the treated surface to traffic and equipment: 1. Treated deck surface is tack free and not oily 2. Sand cover adheres and resists brushing by hand 3. Excess sand and absorbent material has been removed 4. No material will be tracked beyond the limits of treatment by traffic Remove resin from the deck surface if the Engineer determines (1) the conditions listed above have not been met and (2) the allowable lane closure time will be exceeded. ft ~, Revised 6/15/17 Contract No. 6042 Page 146 of 157 311-2.6 Measurement. The payment quantity for furnish bridge deck treatment material is the volume of mixed high-molecular-weight methacrylate resin placed. 311-2.7 Payment. The contract lump sum price paid for Public Safety Plan For Methacrylate Deck Treatment is included in the contract lump sum price paid for under Traffic and Pedestrian Control and Traffic and Pedestrian Control Plan and includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in developing and implementing the public safety plan as specified in these special provisions and as directed by the Engineer. The contract price paid per square foot for Prepare Concrete Bridge Deck Surface includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the concrete bridge deck surface for overlay, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. The contract price paid per square foot for Treat Concrete Bridge Deck Surface includes full com- pensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in treating the concrete bridge deck surface with methacrylate resin, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. The contract price paid per gallon for Furnish Concrete Bridge Deck Treatment Material includes full compensation for furnishing mixed high-molecular-weight methacrylate resin, as shown on the plans, as specified in these special provisions, and as directed by the Engineer. SECTION 314-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-2.1 General. Delete the first paragraph and substitute the following: 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. 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 con- trary to the Traffic Manual, or that may be confusing to the public. The surface produced by grind- ing the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/s") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (¼") in 3 m (1 O') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 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 l\ • .,, Revised 6/15/17 Contract No. 6042 Page 147 of 157 L c... nor to flow from the street into any storm drain or water course and when approved by the Engi- neer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 O') thick asphalt concrete overlay is not permitted. Remove Section: 314-2.2 Measurement. Remove Section: 314-2.3 Payment. Add Section: 314-2.2 Measurement & Payment. Removal of final and temporary traffic striping, curb mark- ings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Signing and Striping shall include all labor, tools, equip- ment, materials, and incidentals for doing all work in removing the final and temporary traffic striping and no additional compensation will be allowed therefor. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.2 Control of Alignment and Layout 314-4.2.1 General. Remove the first paragraph and replace with the following: 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 es- tablishment of the necessary control points. The Contractor shall establish all traffic striping be- tween 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 installa- tion of surface course asphalt and as the work progresses. 314.4.3 Painted Traffic Striping and Curb and Pavement Markings. 314-4.3.1 General. Add the following: The Contractor shall apply the first coat of paint immedi- ately upon approval of striping layout by the Engineer and within 72 hours of pavement resurfac- ing. After one week, a second coat of paint shall be applied to all final, approved striping. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 314-4.3.4 Application Equipment. 314-4.3.4.1 General. Add the following before the first paragraph: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional ar- rows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Striping Plans, or for approved temporary traffic control essential for safe control of traffic through and around the construction site. " • .,. Revised 6/15/17 Contract No. 6042 Page 148 of 157 Remove Section: 314-4.3.6 Measurement. Remove Section: 314-4.3.7 Payment. Add Section: 314-4.3.6 Measurement & Payment. Final and temporary traffic striping, curb markings, and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Signing and Striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The lump-sum prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping, curb markings, and pavement markings. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings. Remove Section: 314-4.4.5 Measurement. Remove Section: 314-4.4.6 Payment. Add Section: 314-4.4.5 Measurement & Payment. Final and temporary thermoplastic traffic striping and pave-:) ment markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Signing and Striping, and no additional compensation will be allowed there- for. Reapplication of temporary stripes and markings shall be repainted at the Contractor's ex- pense, and no additional compensation will be allowed therefor. The lump-sum prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary thermoplastic traffic striping and pavement markings. 314-5 PAVEMENT MARKERS. Add the following section: 314-5.4.1 Reflective Channelizer Placement and Removal. The Contractor shall place and re- move reflective channelizers the same as for pavement marker placement and removal. The Con- tractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 314-4.5. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Con- tractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. Remove Section: 314-5.6 Measurement. Remove Section: 314-5.7 Payment. " • .,. Revised 6/15/17 Contract No. 6042 Page 149 of 157 L Add Section: 314-5.6 Measurement & Payment. Retroreflective and non-reflective pavement markers and re- flective channelizers as shown on the plans and required by the specifications shall be included in the lump-sum price bid for Signing and Striping, and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the pavement markers and reflective channelizers and no additional compensation will be allowed therefor. l\ •+;' Revised 6/15/17 Contract No. 6042 Page 150 of 157 SUPPLEMENT AL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, TEMPORARY TRAFFIC CONTROL SECTION 601 -TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS. 601-4.1 General. Add the following. The Contractor shall provide and install all permanent traffic control signs as shown on plans and as specified herein. Traffic signing shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and Standard Drawings. Additionally, street signs shall meet the requirements outlined in the "City of Carlsbad Street Sign Information and Specifications" available at the Engineering counter. 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 tem- porary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. Signs. Sign locations shall be approved by the Agency prior to installation. Pavement Markers. Temporary reflective raised pavement markers shall be placed in accord- ance 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 Con- tractor 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 314 "TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 314-5.4 "Placement", shall not apply; and epoxy adhesive shall not be used to place pave- ment markers in areas where removal of the markers will be required. 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 " • .,, Revised 6/15/17 Contract No. 6042 Page 151 of 157 C.,. 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 po- sition, 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 Com- pliance 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 prequal- ified design and material requirements approved by the Engineer and were manufactured in ac- cordance with a quality control program approved by the Engineer. c... C 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. Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of intercon- nected 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 cushion_s units as shown on the plans. 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 re- sponsible 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. Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manu- facture 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 con- crete 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/,") thick plate welded on the upper end with a 5-mm (3/,s") 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. Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) ft ~, Revised 6/15/17 Contract No. 6042 Page 152 of 157 shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bear- ing 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 rn (1 0') 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) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adja- cent 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 sec- tion 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. Temporary Sand-Filled Crash Cushions. Temporary sand-filled cra_sh cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Mod- ules" manufactured by Roadway Safety Service, or equal. Features required to determine equiv- alence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCH RP 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 rn (15') or less to the end of the temporary railing (Type K) being considered. The TS FCC shall be installed per CAL TRANS Standard Drawings T1 and T2 for ap- proach 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 appli- cation 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) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TS FCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the Following: 601-4.2 Measurement and Payment. Temporary traffic pavement markers, temporary channel- izers, 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, and 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 Specifi- cation 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 J fl ..,. Revised 6/15/17 Contract No. 6042 Page 153 of 157 (__. 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 and Pedestrian Control, and Traffic and Pedestrian Control Plan. 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 mate- rial allowed on City right-of-way. ft \ii Revised 6/15/17 Contract No. 6042 Page 154 of 157 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 701 -CONSTRUCTION 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17 .1 General. Add the following: Traffic Signal work shall include relocations and adjustments of signal heads and video detection zones on existing mast arms, advance loop detection installation, repair or re-installation, remov- als, modifications, relocation, or installation of any traffic signal equipment and other work neces- sary to provide a complete and fully functional system. Remove Section: 701-17.5.5 Measurement. Remove Section: 701-17.5.6 Payment. Add Section: 701-17.5.5 Measurement and Payment. Traffic Signal work as shown on the plans and required by the specifications shall be included in the lump-sum price for "Traffic Signal Modifications" and shall include full compensation for furnishing all labor, materials, equipment and incidentals nec- essary to adjust, remove, replace, relocate and install all traffic equipment and as directed by the Field Engineering Inspector and no additional payment shall be made therefor. " • .., Revised 6/15/17 Contract No. 6042 Page 155 of 157 ,, •,r Revised 6/15/17 APPENDIX "A" CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE# (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX /XX/XX from 7:00AM. to 5:00 P.M. If you don't plan to leave your home by 7:00 AM. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. Contract No. 6042 Page 156 of 157 APPENDIX "B" EXISTING CURB INLET MODIFICATION ~ \.1 Revised 6/15/17 Contract No. 6042 Page 157 of 157 !::!QJL. REMOVE E11lst CORNER OF INLET • SPLICE NEW #4 BARS W1TH Exist REINFORCEMENT REMOVAL DETAIL #4 DRILL AND BON DOWEL INTO s• DEEP HOLE Uist INLET PROTECT IN PLACE\ REMAINING PORTION Of NOTE, SEE SDRSD D-02 FOR DETAILS NOT SHOWN. 7 #4 to be continuous #4 7 0 12" O.C. MIN LAP Yr'ITH Exist REINFORCEMENT TO REMAIN A 7 5' ~ A__J NEW CO"-JSTRUCTION DETAIL #4 I DRILL AND BOND DOWEL INTO e· DEEP HOLE O STEMS (T't'I') #4 ~ DRILL ANO BONO DOWEL INTO a• DEEP HOLE O 12• 0.C. MiN Exist REINFORCEMENT CLEAN AND RE-USE BENO Exist BAR INTO NEW INLET W,NG <1 £'.l DETAIL A Exist REINFORCEMENT -T- C\J 0 ~ T- ~ 0 -_J MOOIFY Ex;st CURB INLET NORTHING/EASTING MODIFY Exist CURB INLET ~ TAKEN AT APPROXIMATE CENTER OF STRUC"TURE. 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IIDRAW1NG NO., \,.J I BEFORE YOU DIG EHGINEER Of WOOK REVISION DESCRIPTION OMR APPROVAL QTY APPROVAL RVWD BY, ---, . _J ____________________________________________________________________________________ __Jw