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Aster Construction Services Inc; 2022-12-12; PWS23-1978TRAN
DBE- 6/12/18 Contract No. 6097 Page 1 of 188 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR HSIP CYCLE 10 PROJECT - HSIPSL-5308 (024) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 PWS23-1978TRAN (RE-BID) THIS CONTRACT WILL BE SUBJECT TO THE FOLLOWING: o PREVAILING WAGE RATES: STATE o APPRENTICESHIP o THIS IS A HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 10 STATE-ONLY FUNDED CONTRACT THROUGH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) o CALTRANS DIVISION OF LOCAL ASSISTANCE (DLA) o LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM) , , -Bidding DBE- 6/12/18 Contract No. 6097 Page 2 of 188 TABLE OF CONTENTS Item Page Notice Inviting Bids ................................................................................................................ 7 Contractor's Proposal ........................................................................................................... 15 Bid Security Form ................................................................................................................ 40 Bidder’s Bond to Accompany Proposal ................................................................................ 41 Guide For Completing the “Designation of Subcontractor and Amount of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work” Forms……………………………. ...................................................... 44 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ............................. 46 Bidder's Statement of Financial Responsibility ..................................................................... 47 Bidder's Statement of Technical Ability and Experience ....................................................... 48 Bidder's Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ................................................................................... 49 Bidder’s Statement of Re Debarment ................................................................................... 50 Bidder's Disclosure of Discipline Record …………………………………………… ................. 51 Non-Collusion Declaration to Be Executed by Bidder and Submitted with Bid ...................... 53 Contract Public Works .......................................................................................................... 54 Labor and Materials Bond .................................................................................................... 61 Faithful Performance/Warranty Bond ................................................................................... 63 Optional Escrow Agreement for Surety Deposits In Lieu of Retention .................................. 65 0 DBE- 6/12/18 Contract No. 6097 Page 3 of 188 SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms ................................................................................................................ 68 1-2 Definitions .......................................................................................................... 68 1-3 Abbreviations ..................................................................................................... 72 1-4 Units of Measure ................................................................................................ 75 1-5 Symbols ............................................................................................................. 76 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ..................................................... 77 2-2 Assignment .................................................. ..................................................... 77 2-3 Subcontracts ................................................ ..................................................... 77 2-4 Contract Bonds ............................................ ..................................................... 78 2-5 Plans and Specifications .............................. ..................................................... 79 2-6 Work to be Done .......................................... ..................................................... 83 2-7 Subsurface Data .......................................... ..................................................... 83 2-8 Right-of-Way ................................................ ..................................................... 83 2-9 Surveying ..................................................... ..................................................... 83 2-10 Authority of Board and Engineer .................. ..................................................... 88 2-11 Inspection .................................................... ..................................................... 88 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ..................................................... 89 3-2 Changes Initiated by the Agency .................. ..................................................... 89 3-3 Extra Work ................................................... ..................................................... 90 3-4 Changed Conditions .................................... ..................................................... 93 3-5 Disputed Work ............................................. ..................................................... 94 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ................................................... 100 4-2 Materials Transportation, Handling and Storage .............................................. 104 Section 5 Utilities 5-1 Location ....................................................... ................................................... 105 5-2 Protection .................................................... ................................................... 105 5-3 Removal ...................................................... ................................................... 106 5-4 Relocation .................................................... ................................................... 106 5-5 Delays .......................................................... ................................................... 107 5-6 Cooperation ................................................. ................................................... 107 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ...................................... 108 6-2 Prosecution of Work ..................................... ................................................... 112 6-3 Suspension of Work ..................................... ................................................... 113 6-4 Default by Contractor ................................... ................................................... 113 6-5 Termination of Contract................................ ................................................... 114 DBE- 6/12/18 Contract No. 6097 Page 4 of 188 6-6 Delays and Extensions of Time .................... ................................................... 114 6-7 Time of Completion ...................................... ................................................... 115 6-8 Completion, Acceptance, and Warranty ....... ................................................... 116 6-9 Liquidated Damages .................................... ................................................... 117 6-10 Use of Improvement During Construction .... ................................................... 117 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ................................................... 118 7-2 Labor ........................................................... ................................................... 118 7-3 Liability Insurance ........................................ ................................................... 118 7-4 Workers' Compensation Insurance .............. ................................................... 118 7-5 Permits ........................................................ ................................................... 119 7-6 The Contractor’s Representative .................. ................................................... 119 7-7 Cooperation and Collateral Work ................. ................................................... 119 7-8 Project Site Maintenance ............................. ................................................... 120 7-9 Protection and Restoration of Existing Improvements ...................................... 122 7-10 Public Convenience and Safety ................... ................................................... 122 7-11 Patent Fees or Royalties .............................. ................................................... 129 7-12 Advertising ................................................... ................................................... 129 7-13 Laws to be Observed ................................... ................................................... 130 7-14 Antitrust Claims ............................................ ................................................... 130 7-15 Prevailing Wage ............................................................................................... 130 7-16 Public Safety .................................................................................................... 131 7-17 Buy America Requirements ............................................................................. 132 7-18 Removal of Asbestos and Hazardous Substances ........................................... 133 7-19 Subcontractor and DBE Records ..................................................................... 133 7-20 Subcontracting ................................................................................................. 134 7-21 Prompt Progress Payment to Subcontractors .................................................. 135 7-22 Prompt Payment of Withheld Funds to Subcontractors .................................... 135 Section 8 Facilities for Agency Personnel 8-1 General ............................................................................................................ 136 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................... 137 9-2 Lump Sum Work .......................................... ................................................... 137 9-3 Payment ...................................................... ................................................... 137 9-4 Bid Items .......................................................................................................... 140 Section 10 Federal Requirements for Federal-Aid Construction Project 10-1 General ............................................................................................................ 148 10-2 Performance of Previous Contract ............... ................................................... 148 10-3 Non-Collusion Provision ............................... ................................................... 148 10-4 Participation by Minority Business Enterprises in Subcontracting ..................... 148 Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ................................................................................. 149 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete ............................................................................... 150 201-3 Expansion Joint Filler and Joint Sealants ......................................................... 150 DBE- 6/12/18 Contract No. 6097 Page 5 of 188 Section 203 Bituminous Materials 203-6 Asphalt Concrete ............................................................................................. 152 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs ..................................................................................................... 153 206-8 Light Gage Steel Tubing and Connectors ........................................................ 156 Section 209 Electrical Components ..................................................................................... 158 Section 210 Paint and Protective Coatings 210-1 Paint ................................................................................................................ 160 210-3 Galvanizing ...................................................................................................... 160 Section 213 Engineering Fabrics 213-2 Geotextiles ....................................................................................................... 161 213-3 Erosion Control Specialties .............................................................................. 162 Section 214 Pavement Markers 214-5 Reflective Pavement Markers .......................................................................... 162 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing ..................................................................................... 164 300-13 Storm Water Pollution Prevention Plan ............................................................ 164 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ...................................................................................... 167 Section 302 Roadway Surfacing 302-1 Emulsion-Aggregate Slurry (EAS) .................................................................... 168 302-5 Asphalt Concrete Pavement ............................................................................ 173 302-15 Asphalt Pavement Repairs and Remediation ................................................... 174 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures ......................................................................................... 176 303-9 Trench Drain/Curb Channel Construction ........................................................ 177 Section 306 Underground Conduit Construction 306-1 Open Trench Operations .................................................................................. 177 306-5 Abandonment of Conduits and Structures ........................................................ 181 Section 307 Street Lighting and Traffic Signals 307-1 General ............................................................................................................ 181 307-2 Luminaires ....................................................................................................... 182 307-3 Street Light Standard ....................................................................................... 182 Section 310 Painting 310-5 Painting Various Surfaces ............................................................................... 182 310-7 Permanent Signing .......................................................................................... 184 DBE- 6/12/18 Contract No. 6097 Page 6 of 188 Section 312 Pavement Marker Placement and Removal 312-1 Placement ........................................................................................................ 184 Appendix A .................................................................... ................................................... 185 Appendix B .................................................................... ................................................... 186 DBE- 6/12/18 Contract No. 6097 Page 7 of 188 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on November 1, 2022, the City shall accept sealed 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 follows: CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 BID NO. PWS23-1978TRAN (RE-BID) 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 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. DBE- 6/12/18 Contract No. 6097 Page 8 of 188 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 irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code DBE- 6/12/18 Contract No. 6097 Page 9 of 188 requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file in the City Clerk’s Office. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Disclosure of Lobbying Activities 3. Exhibit 15-G – Local Agency Bidder DBE Commitment 4. Exhibit 15-H – DBE Information – Good Faith Efforts 5. 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 6. Noncollusion Declaration 7. Designation of Subcontractor and Amount of Subcontractor’s Bid 8. Bidder's Statement of Financial Responsibility 9. Bidder's Statement of Technical Ability and Experience 10. Acknowledgement of Addendum(a) 11. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 12. Bidder’s Statement Re Debarment 13. Bidder's Disclosure of Discipline Record 14. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be DBE- 6/12/18 Contract No. 6097 Page 10 of 188 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- responsive. 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 $775,599.00. CALTRANS ADMINISTERED PROJECT This Project is funded in whole or in part by STATE funds administered under Caltrans’ Highway Safety Improvement Program (HSIP) Cycle 10. Project is subject to HSIP Guidelines, the Local Assistance Program Guidelines (LAPG), and Program Supplement Agreement No. Z92, State- Funded Projects No. 11-5308S21. 2 CFR Part 200, Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects). 2 CFR PART 200 – UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS The successful bidder shall be required to take cognizance of and comply with all requirements set forth in Appendix B and incorporated herein by this reference. Applicable to Highway Safety Improvement Program federal and state funded projects. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds The following classifications are acceptable for this contract: A: General Engineering and/or C-10 – Electrical. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. DBE- 6/12/18 Contract No. 6097 Page 11 of 188 OBTAINING PLANS AND SPECIFICATIONS Set of plans, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold. 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, details or specifications sheets. The cutoff date to submit questions is October 19, 2022, by 5 p.m. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the project no later than October 26, 2022. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Compliance with the Disadvantage Business Enterprise (DBE) requirements is required for this project. This project has a goal of zero percent (0%) DBE participation. All Bidders are required to complete and ensure the Good Faith Efforts (GFE) to ensure that DBEs have the opportunity to compete for financial assistance dollars. See (page 33) for more detailed information. Exhibits 15-G and 15-H must be filled and submitted per the instructions. The City of Carlsbad affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. DBE- 6/12/18 Contract No. 6097 Page 12 of 188 BUY AMERICA As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. See Section 7-17 – Buy America Requirements for more details. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. DBE- 6/12/18 Contract No. 6097 Page 13 of 188 BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1. Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1. Meet the conditions stated above for all insurance companies. 2. Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. DBE- 6/12/18 Contract No. 6097 Page 14 of 188 September 28, 2022 Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2022-224, adopted on the 27th day of September 2022. ________________________ ____________________________________ Date Graham Jordan, Deputy Clerk CITY OF CARLSBAD CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 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. 6097 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" CARLSBAD BOULEVARD CROSSWALK IMPROVEMENT Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 1 Remove and Dispose of Existing Pavement at 3855 SF $ 7.00 $ 26,985.00 Se~e □ QQllacs (Unit Price in Words) 2 Remove and Dispose of 20.00 4,800 Existing Curb and Gutter at 240 LF $ $ Twenty Dollars (Unit Price in Words) Remove and Dispose of 8.00 22,800.00 3 Existing Sidewalk at 2850 SF $ $ Eight Dollars (Unit Price in Words) Contract No. 6097 Page 15 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 4 Remove and Dispose of Existing AC Curb at 120 LF $ 20.00 $ 2,400.00 Twenty Dollars (Unit Price in Words) 5 Remove and Reinstall Existing Bench at 2 EA $ 2,000.00 $ 4,000.00 Two Thousand Dollars (Unit Price in Words) 6 Remove and Reinstall ExistingTrash Bin at 3 EA $ 500.00 $ 1,500.00 Five Hundred Dollars (Unit Price in Words) 7 Remove and Dispose Existing Guardrail 50 LF $ 50.00 $ 2,500.00 Fifty Dollars (Unit Price in Words) 8 Adjust to Grade Existing 3691.86 Street Light at 2 EA $ $ 7,383.72 Three Thousand Six Hundred Ninety-One Dollars and Eight~-Six Cents (Unit Price in Words) 9 Adjust to Grade Existing 5,000.00 Sewer Manhole at 1 EA $ 5,000.00 $ Five Thousand Dollars (Unit Price in Words) ~ f..1 DBE-6/12/18 Contract No. 6097 Page 16 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 10 Grind and Overlay at 2,375 SF $ 7.00 $ 16,625.00 Seven Dollars (Unit Price in Words) 11 Asphalt Concrete at 50TON $ 460.00 $ 23,000.00 Four Hundred Sixty Dollars (Unit Price in Words) 12 Asphalt Concrete -Grind and Overlay at 42TON $ 400.00 $ 16,800.00 Four Hundred Dollars (Unit Price in Words) 13 Class 2 Aggregate Base at 32CY $ 50.00 $ 1,600.00 Fift~ Dollars (Unit Price in Words) 14 Construct 6" Type G Curb 28,500.00 and Gutter per SDRSD G-2 at 475 LF $ 60.00 $ Sixty Dollars (Unit Price in Words) 15 Construct 6" Concrete Curb per SDRSD G-1 at 30 LF $ 40.00 $ 1,200.00 Forty Dollars (Unit Price in Words) ft Q DBE-6/12/18 Contract No. 6097 Page 17 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 16 Construct Type A Curb Ramp Per SDRSD G-27 at 2 EA $ 4,000.00 $ 8,000.00 Four Thousand Dollars (Unit Price in Words) 17 Construct Type B Curb Ramp Per SDRSD G-27 at 5 EA $ 4,000.00 $ 20,000.00 Four Thousand Dollars (Unit Price in Words) 18 Construct Type C Curb Ramp Per SDRSD G-27 at 2 EA $ 3,500.00 $ 7,000.00 Three Thousand Five Hundred Dollars (Unit Price in Words) 19 Construct Sidewalk per SDRSD G-07 at 4,820 SF $ 17.00 $ 81,940.00 Seventeen Dollars (Unit Price in Words) 20 Construct Curb Channel at 250 LF $ 450.00 $ 112,500.00 Four Hundred Fifty Dollars (Unit Price in Words) Construct End Anchor 21 Assembly Type CA Per RSP A77T1 at 2 EA $ 2,500.00 $ 5,000.00 Two Thousand Five Hundred Dollars (Unit Price in Words) ~ f.J DBE-6/12/18 Contract No. 6097 Page 18 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit {Figures} {Figures} Remove and Salvage of 22 Existing Solar Panels and Furnish and Install Pole Caps 5,000.00 at 1 LS $ Five Thousand Dollars {Price in Words) 23 Rectangular Rapid Flashing 202,285.00 Beacon (RRFB) System at 1 LS $ Two Hundred Two Thousand Two Hundred Eighty-Five Dollars (Price in Words) 24 Furnish and install Type Ill 6,914.00 41,484.00 Service Cabinet at 6 EA $ $ Six Thousand Nine Hundred Fourteen Dollars (Unit Price in Words) 25 Furnish and install 2" Conduit at 1,095 LF $ 83.19 $ 91,093.05 Eighty-Three Dollars and Nineteen Cents (Unit Price in Words) 26 Furnish and install #5 Pull Box at 28 EA $ 726.81 $ 20,350.68 Seven Hundred Twenty-Six Oollacs and Eigbt¥-0ne Cents {Unit Price in Words) 27 Remove Detail Striping (Paint) at 1,670 LF $ 1.50 $ 2,505.00 One Dollar and Fifty Cents (Unit Price in Words) ft \.1 DBE-6/12/18 Contract No. 6097 Page 19 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 28 Remove Pavement Markings 6,256.25 (Thermoplastic) at 2,275 SF $ 2.75 $ Two Dollars and Seventy-Five Cents (Unit Price in Words) 29 Furnish and Install Pavement 12,026.50 Markings(Thermoplastic) at 3,590 SF $ 3.35 $ Three Dollars and Thirty-Five Cents (Unit Price in Words) 30 Furnish and Install 2-Coat Paint at 1,857 LF $ 1.15 $ 2,135.55 One Dollar and Fifteen Cents (Unit Price in Words) 31 Furnish and Install #8 Conductor at 700 LF $ 3.22 $ 2,254.00 Three Dollars and Twent}'.-Two Cents (Unit Price in Words) 32 Furnish and Install #10 Conductor at 600 LF $ 3.22 $ 1,932.00 Three Dollars and Twenty-Two Cents (Unit Price in Words) 33 Furnish and Install #12 Conductor at 750 LF $ 3.22 $ 2,415.00 Three Dollars and Twenty-Two Cents (Unit Price in Words) {\ •fi DBE-6/12/18 Contract No. 6097 Page 20 of 188 Item No. Description 34 Furnish and Install Red Curb Paint at Approximate Quantity and Unit 477 LF One Dollar and Seventy-Five Cents (Unit Price in Words) 35 Furnish and Install Blue Curb Paint at 50 LF One Dollar and Seventy-Five Cents (Unit Price in Words) Relocate Existing Traffic 36 Pole and Install New Foundation at 6 EA Three Thousand One Hundred Thirty-Two Dollars and Ninety-Seven Cents (Unit Price in Words) 37 Remove 3' of Existing Foundation at 7 EA One Thousand One Hundred Ninety Dollars (Unit Price in Words) 38 Remove and Salvage Existing Pole at 1 EA Six Hundred Eighty Dollars (Unit Price in Words) 39 Furnish and Install Green 2-Coat Paint at 3,771 SF One Dollar and Fifty Cents (Unit Price in Words) ~ t.1 DBE-6/12/18 Contract No. 6097 Unit Price (Figures) $ 1.75 $ 1.75 ----- $ 3,132.97 $ 1,190.00 $ 680.00 $ 1.50 Total Amount (Figures) $ 834.75 $ 87.50 ----- $ 18,797.82 $ 8,330.00 $ 680.00 $ 5,656.50 Page 21 of 188 Item No. Description 40 Furnish and Install New Sign at Approximate Quantity and Unit 60 EA One Hundred Seventy-Five Dollars (Unit Price in Words) 41 Furnish and Install New Sign and Post at 3 EA Three Hundred Fifty Dollars (Unit Price in Words) 42 Relocate Existing Sign at 4 EA Two Hundred Seventy-Five Dollars (Unit Price in Words) Furnish and Install New Type 43 1 STS Pole and Install New Foundation at 1 EA Twelve Thousand One Hundred Twenty-Two Dollars ana Eighty-Eight Cents (Unit Price in Words) Furnish and Install New 44 Concrete Street Light Standard and Install New Foundation at 1 EA Ten Thousand Four Hundred Forty-Three Dollars and Seventy Cents (Unit Price in Words) Remove and Dispose of 45 Existing Foundation. Construct New Foundation at 13 EA Two Thousand Five Hundred Dollars (Unit Price in Words) ~ Q DBE-6/12/18 Contract No. 6097 Unit Price (Figures) $ 175.00 $ 350.00 $ 275.00 $ 12,122.88 $ 10,443.70 $ 2,500.00 Total Amount (Figures) $ 10,500.00 $ 1,050.00 $ 1,100.00 $ 12,122.88 $ 10,443.70 $ 32,500.00 Page 22 of 188 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) PM CQS-1 h Emulsion- 46 Aggregate Slurry Seal Type 2 w/ 2.5% Latex at 170 TON $ 1,101.25 $ 187,212.50 One Thousand One Hundred One Dollars and Twenty-Five Cents (Unit Price in Words) 47 Adjust to Grade Existing 2,500.00 Survey Monument at 1 EA $ 2,500.00 $ Two Thousand Five Hundred Dollars (Unit Price in Words) 48 Construct Exposed Aggregate Finish Median 860 SF $ 18.00 $ 15,480.00 Eighteen Dollars (Unit Price in Words) 49 Mobilization at 1 LS $ 50,500.00 Fifty Thousand Dollars (Price in Words) 50 Traffic Control at 1 LS $ 100,000.00 One Hundred Thousand Dollars (Price in Words) Total amount of bid in words for Schedule "A": One Million Two Hundred Forty-Six Thousand Five Hundred Sixty-Six Dollars and Forty Cents Total amount of bid in numbers for Schedule "A": $ ------~--------1,246,566.40 The City shall determine the low bid based on Schedule "A". ft ~, DBE-6/12/18 Contract No. 6097 Page 23 of 188 Price(s} given above are firm for 90 days after date of bid opening. Addendum(a} No(s}. __ 2 _______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 976915 , classification A which expires on 09/20/2024 , and Department of Industrial Relations PWC registration number 1000055757 which expires on 06/30/2023 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e}. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. 10% Accompanying this proposal is ______________ {Cash, Certified Check, Bond or Cashier's Check} for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. {'\ •,r DBE-6/12/18 Contract No. 6097 Page 24 of 188 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Aster Construction Services, Inc. proposed subcontractor Southwest Signal Service , hereby certifies that he has_X_, has not __ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.?(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1 .?(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes __ No_X_ If the answer is yes, explain the circumstances in the following space. ll • ., DBE-6/12/18 Contract No. 6097 Page 25 of 188 PUBLIC CONTRACT CODE PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has __ has not_X_ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ~ '-1 DBE-6/12/18 Contract No. 6097 Page 26 of 188 DBE- 6/12/18 Contract No. 6097 Page 27 of 188 NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 To the City of Carlsbad In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. DBE- 6/12/18 Contract No. 6097 Page 28 of 188 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. DBE- 6/12/18 Contract No. 6097 Page 29 of 188 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. DBE- 6/12/18 Contract No. 6097 Page 30 of 188 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been DBE- 6/12/18 Contract No. 6097 Page 31 of 188 made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. DBE- 6/12/18 Contract No. 6097 Page 32 of 188 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year _____ quarter _________ f. loan insurance date of last report ___________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier ________ , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable ______________________ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ Actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature ________________ e deferred value ______________ f. other, specify ___________________________ 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: __________________________________________ Print Name: ________________________________________ Title: ______________________________________________ Telephone No.: ______________________ Date: ___________ Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 09-12-97 DBE- 6/12/18 Contract No. 6097 Page 33 of 188 PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive. The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder’s Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime’s and subcontractors’ certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section “Disadvantaged Business Enterprise (DBE),” of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMM1TMENT 1. local Agency: City of Carlsbad 2. Contract DBE Goal: 0% 3. Project Description: HSIP Cycle 10 Project -HSIPSL-5308 (024) -Carlsbad Boulevard Crosswalk Impr, 4. Project Location: Carlsbad, California 5. Bidder's Name: Aster Construction Srvc. Inc. 6. Prime Certified DBE: □ 7. Bid Amount: $1,246,566.40 8. Total Dollar Amount for ALL Subcontractors: $715,361.40 9. Total Number of~ Subcontractors: 3 10. Bid 11. Description of Work, Service, or Materials 12. DBE 13. DBE Contact Information 14. DBE Item Certification Dollar Number Supplied Number (Must be certified on the date bids are opened) Amount Local Agency to Complete this Section upon Execution of Award $ 0.00 21. Local Agency Contract Number: 15. TOTAL CLAIMED DBE PARTICIPATION 22. Federal-Aid Project Number: 0.00 % 23. Bid Opening Date: 24. Contract Award Date: I IMPORTANT: Identify all DBE firms being claimed for credit, 25. Award Amount: regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of rk listed above must be consistent, where applicable "' ames and items of the work in the local Agency certifies that all DBE certifications are valid and information on •s,17r:•~Wed .;th ,oo, · . Writtoa o,nfimatioa ot this form is complete and accurate. each · B it · l J 10131122 26. local Agency Representative's Signature 27. Date 16. Vea~$,nature 17. Date Ed< . e D r 951-445-6117 28. local Agency Representative's Name 29.Phone 18. Prepare~ Name 19. Phone President 30. local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original -local Agency 2. Copy -Caltrans District local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. 3. Include additional copy with award package. LPP 18-01 Page 1 of 3 January 2019 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency -Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location -Enter the project location(s) as it appears on the project advertisement. 4. Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder’s Name -Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount -Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number -Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number -Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information -Good Faith Efforts of the LAPM). 16. Preparer’s Signature -The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name. 17. Date -Enter the date the DBE commitment form is signed by the contractor’s preparer. 18. Preparer’s Name -Enter the name of the person preparing and signing the contractor’s DBE commitment form. 19. Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 20. Preparer’s Title -Enter the position/title of the person signing the contractor’s DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number -Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number -Enter the Federal-Aid Project Number(s). 23. Bid Opening Date -Enter the date contract bids were opened. 24. Contract Award Date -Enter the date the contract was executed. 25. Award Amount – Enter the contract award amount as stated in the executed contract. 26. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 27. Date -Enter the date the DBE commitment form is signed by the Local Agency Representative. 28. Local Agency Representative’s Name -Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form. 29. Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form. LPP 18-01 Page 2 of 3 January 2019 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment 30. Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. LPP 18-01 Page 3 of 3 January 2019 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date ________ PE/CE Federal-aid Project No(s}. HSIPSL-5308 (24) Bid Opening Date __ 1_1'-/0_1...:.../_2_02_2 ___ CON The Aster Construction Services. Inc. established a Disadvantaged Business Enterprise (DBE} goal of 0.00% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer's or bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Page 1 of 3 May 2020 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort C.The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility todemonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBEcontract goal. Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of (Y/N) Contract D.The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E.Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 2 of 3 May 2020 Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts: Page 3 of 3 May 2020 DBE- 6/12/18 Contract No. 6097 Page 38 of 188 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Aster Construction Services, Inc. Presiden (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 16661/6 N Mccadden Place (Street and Number) City and State __ L_o_s_A_n-=g'-e_le_s_C_A ____________________ _ (5) Zip Code _9_00_2_8 _____ _ Telephone No. __ 3_2_3_-4_6_3_-1_4_7_3 _______ _ (6) E-Mail wdaher@myacsinc.com 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: {\ .., DBE-6/12/18 Contract No. 6097 Page 39 of 188 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 October 31, 2022 before me, Idania Solorzano, Notary Public (insert name and title of the officer) personally appeared _W_ad_i_h_E_._D_a_h_e_r ___________ -,,-_________ _ who proved to me on the basis of satisfactory evidence to be the person{.4 whose nam~ is/a.:e subscribed to the within instrument and acknowledged to me that he/ehdtt,e, executed the same in his/heF.<tl:IQiF authorized capacity~ and that by his/liet/tlteit signature~n the instrument the person~r the entity upon behalf of which the person~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) (ATTACHED TO EXHIBIT 15-G) BID SECURITY FORM (Check to Accompany Bid) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _______________________ _ ______________________ dollars($ ______ _,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ., f.+;> DBE-6/12/18 Contract No. 6097 Page 40 of 188 BIDDER'S BOND TO ACCOMPANY PROPOSAL CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 KNOW ALL PERSONS BY THESE PRESENTS: That we, Aster Construction Services, Inc. , as Principal, and Merchants Bonding Company (Mutual) , 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) Ton rorcent of Bid Amount (10% ofRid Amount) 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: CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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 _3_1_st ____ day of October _A_s_te_r_C_o_ns_t_ru_c_ti_on_S_erv_ic_e_s,_l_nc_. ___ ( SEAL) (Principal} By: --""k)-'v....,,_42-1--(+-''if'-'-n;;?u-;-'--:---~r~"'--} ----- L,J~-l D~u/rce-s~- (Print Name/Title} Vanessa Copeland, Attorney-ln -Fa.:t (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: (~ ._, DBE-6/12/18 Contract No. p09-Z Page 41 of 188 IC~CICICICICICIC 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 Caljlornia • County of S0 n P \ e~() } On Oc\ . 3 I a '1-0 2. ~ before me, \dtAYl\v\ So\or-zOino -Notti~ (insert name and title of the officer) ?,t1 bl re) personally appeared Wta d ·, h B . DO\ h-(! r I who proved to me on the basis of satisfactory evidence to be the personM whose name<,1 islefe subscribed to the within instrument and acknowledged to me that he/she.lthe,y executed tne same in his/hoFi'th&ir: authorized capacity(~. and that by his/hor.<th&ir signature;.w, on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS~y c~m Signatur&-&-::::~-s:::~:;:::;::::;;=2'.'.~~~~::::::;;;::::~~--(Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ll89 A notary public or other officer completing this certificate ,erifies only the identity of the indi, idual who signed the document lo which this ccrti licalc is attached and not the truthfulness. accuracy. or validity of that document. State of California Count,· of _O_r_a_n .... g_e _________ _ On IQ\,2-,\ 1~ bcforumc. ________ L_is_a_P_el_le_r_ito ________ . Notary Public. personally appeared Vanessa Copeland Name(s) ofSigner(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 instnimcnt and ackno\\-lcdgcd to me that he/she/they executed the same in hisfher/thcir authorized capacit~ (ies). and that by lns/her/thcir signature(s) on the instrument the person(s). or the entity upon behalf of ,vhich the person(s) acted. executed the instrument. Place '-lotar~ Seal Abo\'e I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tnie and correct. WITNESS m0Xiffi~~ Signature: ~ Signature of I otary Puhlk OP110NAL Though the information below is not required by law. it ma~, prove n1luable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: --------------------------------- Document Date: __________________ Number of Pages: ___________ _ Signcr(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer·s Name: Vanessa Copeland Signer's Name: □ Individual □ Individual □ Corporalc Officer -Title(s): □ Corporate Officer -TiLle(s): □ Partner: □Limited D General □ Partner: □Limited D General [g] Attorney in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing : __________ _ Signer Is Representing: __________ _ Rev. 1-15 MERCHANTS~ BONDING COMPANY-,, POWER OF ATTORNEY Know All l'ersons By These Presents. that Mr-F~CI t/\NT S BONDING COMPANY (MU f U/\l) and MFRCHAN TS NATIONAL BONDING. INC., both beinA corporations of the State of Iowa (herein collectively calltid thn "Companies") do hernby make, constitute and appoint, individually, Frie lowey: Jennifer Grenrood: Karyl A l~ichter: Kevin Cathcart: lisa Pellerito: Mark l<ichardson: Michael Castaneda: Natassia Smith: Teresa I Jackson: Vanessa Copeland their true and lawful /\ttorrrny(s)-in-I-act. to sign its name as surcty(ies) and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and execut11Ig or gu;irantce1ng bonds and undertakings required or permitted in any actions or proceedings allowed by l;iw. This rower-of-Attorney is granted and is signed and scaled by facsimile under ,md by authority of the following By-Laws adopted by the Board of Directors of Merchants llonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the noard of Directors of Merchants National Bonding. Inc., on October 16. 2015. "The President, Secretary, Treasurer. or any Assistant rreasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the se11I of the Company may be affixed by facsimile or electronic: transmission to any Power of Attorney or Certific,ation thereof authori1ing the execution and dP.tivery of any bond, undP.rtaking. reconnizancc. or other surctyship obligations of the C:ompany, and such signaturP. and sP.al when so used shall have the same forCP. anrl r.ffect as though m;muillly fixed." In connection with obligations in favor of the f·lorida Department of Tr,msportation only, it is agrned that the powm and authority hP.reby given to the Attorney-in-Fact includes any and all consents for the rcl1i1;1sc of rnt.iined percentages and/or final estimates 011 engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that con sen ting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assionee. shall not relieve this surnty company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. ST An= Of· IOWA COUNTY OF 111\l.l.AS ss. 11th day of January , 2021 MERCHANTS BONDING COMPANY (MUTUAL) ::·7~~?;2 On this 11th day of January 2021 , before me appeared Larry Taylor, to me personally known. who being by me duly sworn did say that he is President of MFRCH/\NTS BONDING COMPANY (MUTUAL) and MLRCflANTS NATIONAi BONDING, INC.: and that thn seals affixed to the torenoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and scaled ,n behalf of the Companies by authority of their respective I loards of Directors. 1-....~.IAl.'5'~ 0 ):> Z i,OO o ,-• . iowt>- POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 ([xpiration of notary's commission dons not invalidatn this instrument) Notary Pubhr. I, William Warner, Jr .. Secretary of Ml l~CHAN TS 11ONDING COMI '/\NY (MU TUAI ) and MfRCI I/\NTS NA l'ION/1I I IONI JING. INC .. do hereby c:ertify that the alJovc and foregoing is a true and correct copy of t11e l'OWl.f{-Of -AT l OHNE :Y exec:utcd by said Companies, which is still in full force and effect and hlls not IJeen amended or revoked. In Witness VI/hereof, I have hereunto set rny hand and affixed the seal of the Companies on this 31st day of October • 2022 . p~~~~~. Sccrc/c1ry POA 0018 (1/20) DBE- 6/12/18 Contract No. 6097 Page 42 of 188 FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. DBE- 6/12/18 Contract No. 6097 Page 43 of 188 DISADVANTAGED BUSINESS ENTERPRISE (DBE) This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference. It is the policy of the City that disadvantaged business enterprises (DBEs), as defined in Part 26, Title 49 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with Federal Funds. The Contractor should ensure that DBEs, as defined in Part 26, Title 49 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 26, Title 49 CFR, for this assurance. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate. Bidders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project, although there is no specific goal for DBE participation. Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.gov/hq/bep to verify the current availability of this service. DBE- 6/12/18 Contract No. 6097 Page 44 of 188 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. DBE- 6/12/18 Contract No. 6097 Page 45 of 188 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. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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 Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion and and Email Registration License No. and Work by of Work Subcontract Location of Business Address No. Classification or in Dollars* Asphalt American Asphalt South, lri.c.A>•~1.M1r 7n A ., "\ Slurry 14436 Santa Ana Avenue ·1 111111111 ll"li:;;/1,:;; ____ ..., __ -"A" $151,498.90 Fontana, CA 92337 lyles@amencanasp haltsouth.com Electric Southwest Signal Service (619) 442-3343 451115 9201 Isaac St 1 ruuu"lcJI 'JhL,. "A" S41~~/U.94 Santee CA 92022 jcress@southwestsi 5nal.com Striping Pavco Specialties Inc 619-422-9204 298637 120 North Second Ave 1000003515 C-32 S42152.00 Chula Vista CA 91910 Jeremy@payco.biz Page_l_of 1 pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ft Q DBE-6/12/18 Contract No. 6097 Page 46 of 188 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. See attached. l' • ., DBE-6/12/18 Contract No. 6097 Page 47 of 188 ent Assets Cash on Hand Bank of America-Payroll Acct Bank of America-Acct 1025 Bank of America-Acct I 026 Comerica Bank St Mary A Briad Bank-loan Bank of America-saving Accounts Receivable loan to carlos Loan to Alan Hajjar Loan to Wadih Daher Loan to W Daher Old I Loan to W Daher-pre 20 16 Suspense-Payroll Total Current Assets Property and Equipment Truck Purchase Kia Purchase Equipment Equipment-Forklift Equipment-dumb truck Equipment-Mini Excavator Tools Accum Depr al Property and Equipment Other Assets Security Deposits Suspense Total Other Assets Total Assets Current Liabilities Accounts Payable Loan fr Montage Films-Orlando Amex Payable Amex Gold Payable Payroll & Pyrl Taxes Payable Total Current Liabilities Long-Term Liabilities Due To ACS lntemtional Loan-to Doran 11 Long-Term Liabilities Total Liabilities Capital Retained Earnings $ $ Aster Construction- Balance Sheet October 3 I, 2022 3,825.00 (26,869.47) 4,212.15 (1 1,527.09) 1,386.14 (6,244.11) 89,975.45 3,735,109.79 12,000.00 327,337.50 327,337.50 87,420.98 200,000.00 3,682.02 43,870.99 2,500.00 78,470.33 79,403.47 23,515.00 15,016.84 5,141.70 (160,677.00) 34,023.75 (28,565.39) ASSETS 4,747,645.86 87,241.33 5,458.36 $ 4,840,345.55 LIABILITIES AND CAP IT AL 2,907,796.84 20,000.00 113,785.94 3,132.57 131.00 10,723.92 (5,000.00) 1,278,558.54 3,044,846.35 5,723.92 3,050,570.27 Unaudited -For Management Purposes Only PPP. Loan Forgiven "'9A Grant-not taxable ; Dists-Alan Ace Dists-John Daher Ace Dists-Maggie Daher Ace Dists-Wadih Daher Net Income Total Capital Total Liabilities & Capital Aster Construction- Balance Sheet October 31 , 2022 234,738.00 10,000.00 (1,035,729.96) 37,500.00 (217,500.00) (636,808.40) 2,11 9,017.10 1,789,775.28 $ 4,840,345.55 Unaudited -For Management Purposes Only BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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 2021 1.Iry ot san uIego -A\.. Hotel -c;asI mp Utilities and Concrete worl Off-site work on 5th & 6th Ave Jor Jordan 909-224-3400 $2,150,000.0 ~· ftft~··· January 2022 City of Los Angeles -Florance Ave Daniel Tocci 818-636-4408 Off-site concrete and $1,450,000.0 Aot. Prolect SOLA lmoact LLC undenzround utilitv wor~ 2022 City of Northridge -St. Mary's Bahgat Tadros 818-943-9040 Off-site Concrete work & $950,000.0 Housing Project 17431 Rosecoe Underground Utilities Northridge, CA 91325 2020 City of Chula Vista -Cross Gutter William S. Valle 619-691-5021 Crossgutter rehabilitation $154,22S.0 Proiect -1800 Maxewell Rd. CA. March 2019 City El Cajon -ADA Concrete Senan Kachi -619-441-1763 ADA Concrete and signal $450,000.0 lmorovements imnrovements ~ Q DBE-6/12/18 Contract No. 6097 Page 48 of 188 DBE- 6/12/18 Contract No. 6097 Page 49 of 188 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. I AE'§ib* CERTIFICATE OF LIABILITY INSURANCE I OA~~:~;YY) ,....:::.=::::;... _________________________________________ 1---_...:..:.:..:.:::.=.:=.=_~ 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 qELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED :PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ~MPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER ~f~~~"' Tervnn Simpson Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. r.P;;;,H;:;;'oN""Ea----~-~---------,I .. F"'"A"""x---------i 18201 Von Karman Ste 200 /4/f" .. ft S:vtl• IA/C.Nol: Irvine CA 92612 ii>Mo~~""' tervnn simpson1@aJo.com t-=""'-"""-"'----"""--"-'"'-'--=-==:=;..:...=-==a.==----------.------1 INSUREO Aster Construction Services 1666 1/2 North Mc Cadden Los Angeles CA 90028 COVERAGES INSURER($) AFFORDING COVERAGE NAIC# , •-"06"· nnR?Q~ INSURER A : Colony Insurance Comoanv 39993 ASTECON-Ol INSURER B : Insurance Comoanv of the West 27847 INSURERC: INSURER O: INSURER E: INSURERF: CERTIFICATE NUMBER: 195608937 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~-POLICYEFF POLICY EXP LTR TYPE OF INSURANCE IMCn WVD POLICY NUMBER IM " IM LIMITS A X COMMERCIAL GENERAL LIABILITY y y 600GL002718503 1/10/2022 1/10/2023 EACH OCCURRENCE $1,000,000 I CLAIMS-MADE [K] OCCUR PREM;:,'i:~'i'r::'::~~~n-' $100,000 -MEO EXP !Anv one oersonl $5,000 -PERSONAL & ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 IZJ POLICY □ ~f& □ LOC PRODUCTS · COMP/OP AGO $2,000,000 OTHER: $ AUTOMOBILE LIABIUTY /i,~~~~~~.f1NGLE LIMIT $ -ANY AUTO BOOIL Y INJURY (Per person) $ -OWNED -SCHEDULED BOOIL Y INJURY (Per acx:ldenl) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED r0~9~~~.J!.~AMAGE $ -AUTOS ONLY -AUTOS ONLY $ A X UMBRELLA UAB ~ OCCUR XS4278657 1/10/2022 1/10/2023 EACH OCCURRENCE $1,000,000 -EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000 OED I I RETENTION s $ B WORKERS COMPENSATION y WVE505168202 11/1/2022 11/112023 X I ~~~nm: I I 2~· ANO EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $1,000,000 gi;~~ll,'fi~ ~~~PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, m■y be 1tt1ch1d II more apace I■ required) RE: HSIP C~cle 10 Prott• HSIPSL-5308 (024~ Carlsbad Boulevard Crosswalk Improvement Project. Bid No. PW 23-1978T N (Re-Bid); Contract o. 6097 "It Is hereby understood and agreed that the eolicy to which this Certificate refers may not be canceled, materially changed, nor the amount of coverage thereof reduced until ten (10) days after receipt of written notice of cancellation or reduction In coverage by the City Clerk of the City of Carlsbad. Coverage under this policy shall be primary and noncontributing with any other Insurance available to the City of Carlsbad." The City of Carlsbad has designated EXIGIS, LLC as the official website for submission of certificates of Insurance and endorsements to the City for compliance. You will be contacted by EXIGIS, LLC directly for Insurance compliance. 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 ACCORDANCE WITH THE POLICY PROVISIONS. c/o Exigis Insurance Compliance Services P.O. 947 AUTHORIZED REPRESENTATIVE Murrieta CA 92564 ~ 'M~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 600 GL 0027185-03 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Carlsbad/CMW) c/o EXIGIS Insurance Compliance Services POBox947 Murrieta, CA 92564 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 VVORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 990634 (Ed. 8-00) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a writte11 contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation prerrium otherwise due. Schedule Job Description Person or Organization ANY PERSON/ ORG WHEN REQUIRED BY WRITTEN CONTRACT ALL CA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The lnfonnation below is required only wihen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/01/2019 Policy No. WVE 5051682 00 Insured ASTER CONSTRUCTION SERVICES Insurance Company INSURANCE COMPANY OF THE WEST Endorsement No. Premium $ INCL. Countersigned By _____________ _ WC 990634 (Ed. 8-00) INSIRED CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ":RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES -Low. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl hts to the certificate holder In lleu of such endorsement s . PRODUCER Harvest Insurance Agency, Inc. ~,==------C-'-h __ r_ls_L_a_P_e_rc_h_e ______ r.c=----------1 3205 Old Conejo Rd. Ste 101 Hf'!'~.........,.,.___..>.,;ac.c.o ..... s _49_6_-9_64-'--6 _____ __,_==...._80_5.,_4_9_6-_51_o_6_-1 INSURED Newbury Park, CA 91320 License #: 0680966 Aster Construction Servic 1666 1/2 Mccadden Pl Los Angeles, CA 90028 INSURER A: INSURER&: INSURERC : INSURER D: INSURERE : INSURERF: COVERAGES CERTIFICATE NUMBER· 00001783-370166 REVISION NUMBER: 13 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. l~J: ADDI SUBR ,:oucYEFF POLICY EXP LIMITS TYPE OF INSURANCE 1,.,Qn lwvn POLICY NUMBER (M COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE □ OCCUR PR~u15~~ ,e'~~ .. ~~ $ f-MED EXP (Any one person! $ -PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s R □PRO-□ PRODUCTS· COMP/OP AGG $ POLICY JECT LOC OTHER: $ A AUTOMOBILE LIABILITY y 00518181-3 03/15/2022 03/15/2023 COMBINED SINGLE LIMIT $ 1.000.000 IF'• •=•nil r---..x ANY AUTO BODILY INJURY (Per person) $ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ r---AUTOS ONLY r---AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY IPer .,.,.1,1...,n r---r--- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE s -EXCESS LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~f~TUTE I J 2JH• AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE· EA EMPLOYEE $ II rss, describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attached If more space Is required) RE: HSIP Cycle 1 O Project-HSIPSL-5308 (024) Carlsbad Boulevard Crosswalk Improvement Project. Bid No. PWS23-1978TRAN (Re-Bid); Contract No. 6097 "It is hereby understood and agreed that the policy to which this Certificate refers may not be canceled, materially changed, nor the amount of coverage thereof reduced until ten (10) days after receipt of written notice of cancellation or reduction In coverage by the City Clerk of the City of Carlsbad. Coverage under this (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER City of Carlsbad/CMWD c/o Exigis Insurance Compliance Services PO Box 947 Murrieta, CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, CML 88-2015 ACORD CORPORATION. All rights reserved. Tho Ar.nRn ""mA ""tf lnnn arA realstered marks of ACORD Printed by CML on 11/15/2022 at 02:01PM I AGENCY CUSTOMER ID:-"-00;::_;0:....:;0c..:.1..:...78;::_;3:....._ ____________ _ LOC#: ______ _ ADDITIONAL REMARKS SCHEDULE Page 2 of 'NCY NAMED INSURED -,arvest Insurance Agency, Inc. Aster Construction Servic POLICY NUMBER 00518181 -3 CARRIER I NAICCODE United Financial Casualty Company 11770 EFFECTIVE DATE:03/15/2022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) policy shall be primary and noncontributing with any other Insurance avallable to the City of Carlsbad." The City of Carlsbad has designated EXIGIS, LLC as the official website for submission of certificates of Insurance and endorsements to the City for compllance. You will be contacted by EXIGIS, LLC directly for Insurance compliance. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by CML on November 15, 2022 at 02:01PM BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Aster Construction Services, Inc. (name of Contractor) Wadih E. Daher President (print name/title) Page 1 of 1 pages of this Re Debarment form Contract No. 6097 Page 50 of 188 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 Nov. 18, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _W_a_d-_1h_E_D_a_h_e_r __________ ~--------- who proved to me on the basis of satisfactory evidence to be the person~ whose name~sfef& subscribed to the within instrument and acknowledged to me that he/sl 1ertl ,e~ executed the same in his/Rerltlieir authorized capacity(~ and that by his/l<ler}tl<leir signature~on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) G. Contrerq CO?ot!\t . • 11211Q~H NOTARY PUIUC•CWffflf~ S•n Dl•Ju <;OUNTl !lly CoainiiHloll 1-,!r!t lh JI, 20ill BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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 1 O years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State License Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State License Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, describe the nature of the violation and the disciplinary action taken therefore. NA (If needed attach additional sheets to provide full disclosure.) Page 1 of 2 pages of this Disclosure of Discipline form ~ f.J DBE-6/12/18 Contract No. 6097 Page 51 of 188 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. NA (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Aster , I n c , Wadih E. Dah er/ President (print name/title) Page 2 of 2 pages of this Disclosure of Discipline form ~ "-I DBE-6/12/18 Contract No. 6097 Page 52 of 188 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 Nov. 18, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _W_a_d_ih_E_D_a_h_e_r ------------,.------......... --- who proved to me on the basis of satisfactory evidence to be the person{\} whose name(\} is~ subscribed to the within instrument and acknowledged to me that he/eReJUu~y. executed the same in his/l'le1,,CO,eif authorized capacity~, and that by his/he, /ti 1ei1 ~ignatur~n the instrument the person~or the entity upon behalf of which the perso~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. (Seal) '6h'el'IUI *· # 2290412 ~-/j Ditto COUNTY j (laliLillJjiloll &.,iz. toy 11,1 111 -... ..,--- r NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 The undersigned declares: I am the President of Aster , the party making the foregoing bid. Construction Services,Inc. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on October 31st 20~ at San Diego[city], CA [state]. Signature of Bidder Contract No. 6097 Page 53 of 188 t 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 October 31, 2022 before me, Idania Solorzano, Notary Public (insert name and title of the officer) personally appeared _W_a_d_ih_E_._D_a_h_e_r ___________________ _ who proved to me on the basis of satisfactory evidence to be the person"N whose nameN is/at<e subscribed to the within instrument and acknowledged to me that he/she,U~ey executed the same in his1t'ffir4Q&ir authorized capacity~ and that by his/I ,e, /ti ,eh signature~n the instrument the person~ or the entity upon behalf of which the person~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) (ATTACHED TO EXHIBIT 15-G) CONTRACT PUBLIC WORKS This agreement is made this / dth day of ~Co adoo C , 2022, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Aster Construction Services Inc., whose principal place of business is 1666 1/6 N Mccadden Place, Los Angeles, California 90028 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools , equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about ., f.+f DBE-6/12/18 Contract No. 6097 Page 54 of 188 DBE- 6/12/18 Contract No. 6097 Page 55 of 188 underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 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 0 DBE- 6/12/18 Contract No. 6097 Page 56 of 188 of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be 0 DBE- 6/12/18 Contract No. 6097 Page 57 of 188 evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with 0 Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is~an Diego County, California. I have read and understand all provisions of Section 11 above. W.E.D init W.E.D ini 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. ft \.J DBE-6/12/18 Contract No. 6097 Page 58 of 188 DBE- 6/12/18 Contract No. 6097 Page 59 of 188 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. /// /// /// /// /// /// /// /// /// /// /// /// /// 0 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 (CORPORA TE SEAL) CONTRACTOR: Aster Construction Services, Inc. (name of Contractor) By:~ Wadih E. Daher CITY OF CARLSBAD a municipal corporation of the State i f\ By: , I ALL, Mayor City Clerk Services Manager 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: CINDIE K. McMAHON City A .... \.1 DBE-6/12/18 Contract No. 6097 Page 60 of 188 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 November 11, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _W_a_d_ih_E_D_a_h_e_r ___________________ _ who proved to me on the basis of satisfactory evidence to be the perso~hose namets,-is/a-Fe- subscribed to the within instrument and acknowledged to me that he/Ml!e>~hey executed the same in his~ authorized capacity~c), and that by his/~ signature~ on the instrument the person(~. or the entity upon behalf of which the personN 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. (Seal) G. Contreraa COMM. # 2290462 OTARY PUILIC•CAUFORNIA San l>le10 COUNTY :ltJ Comm.luion E:rpine May 31, 2023 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 November 11, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _A_l_a_in_H_aJ_j_ar ___________________ ---.-__ who proved to me on the basis of satisfactory evidence to be the person~ whose name is/afe- subscribed to the within instrument and acknowledged to me that hc/she.10::i~ executed t e same in his/ner/their authorized capacity~. and that by his/1:lerftl=letr signature,£8'.l on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) BOND NUMBER: CAC722004 BOND PREMIUM: INCLUDED IN PERFORMANCE BOND PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Aster Construction Services Inc. (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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, Aster Construction Services Inc., as Principal, (hereinafter designated as the "Contractor"), and Merchants Bonding Company (Mutual) as Surety, are held firmly bound unto the City of Carlsbad in the sum one million two hundred forty-six thousand five hundred sixty-six dollars and forty cents ($1 ,246,566.40), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications . . , \.,r DBE-6/12/18 Contract No. 6097 Page 61 of 188 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1_6_th ____ day of November 2022 ' -- Aster Construction Services, Inc. (SEAL) 1gnature) ~1b i;. Daftfv, 11-esident (Print Name & Title) Merchants Bonding Company (Mutua EAL) (Sur Vanessa Copeland, Attorney-In-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attar ey By: ., t..., DBE-6/12/18 Contract No. 6097 Page 62 of 188 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 Nov. 18, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _W_a_d_ih_E_D_a_h_e_r ____________________ _ who proved to me on the basis of satisfactory evidence to be the person~hose nameN is/Me subscribed to the within instrument and acknowledged to me that h&/sl .d~Rey executed the same in his~ authorized capacity~and that by his/~ signature(~ on the instrument the person(~, or the entity upon behalf of which the person(\) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my (Seal) e G. Contreras N COMM. I 2290481 NOTARY PUILIC•CAU,OIINIA Sao Diegu COUNTY My Comml.,ion Ezplree [ Moy 31, 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C IVIL CODE 1189 A notai: public or other officer completing this certificate \'erifies only the identity of the indi, idual who signed the document to which this certificate is attached and not the truthfulness, accuracy. or rnlidity of that document. State of California County of _O_r_a_n-=g_e _________ _ ) ) before me. ________ L_is_a_P_e_l_le_r_it_o ________ . Notary Public. personally appeared Vanessa Copeland Namc(s) of Signcr(s) \\'ho proved to me on the basis of satisfactoi:· evidence to be the person(s) whose namc(s) is/arc subscribed to the \\'ithin instrument and acknowledged to me that hc/she/tht--y executed the same in hrs/her/their authorized capacit~(ies). and that by ms/hcr/thcir signaturc(s) on the instrument the person(s). or the entity upon behalf of ,,·hich the pcrson(s) acted. executed the instrument. ••••••••• USA PELLERITO f '-; Notary P~b,ic • Caiifornia . = Orange County ~ • ~ Commission :t 2383234 - My Comm. Expires Nov 16, 2025 ------------------------------------------ I certify under PENAL TY OF PERJURY under the la\\s of the State of California that the foregoing paragraph is tme and correct. OPTIONAL ---------------- Though the information below is not required by la\\. it may prove valuable to persons relying on t11e document and could present fraudulent and rea11achment of this form to another document. Description of Attached Document Type or Title of Document: --------------------------------- Document Date: _________________ _ Number of Pages: ___________ _ Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer·s Name: Vanessa Copeland Signer·s Name: □ Indi vidual □ Indi vidual □ Corporate Officer -Title(s): □ Corporate Officer -Title(s): □ Partner: □Limited D General □ Partner: □Limited D General ~ Attorney in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: __________ _ Signer Is Representing: ___________ _ Rev. 1-15 MERCHANTS~ BONDING COMPANY ... POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Lisa Pellerito; Mark Richardson; Michael Castaneda; Natassia Smith; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc .. on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. STATE OF IOWA COUNTY OF DALLAS ss. 11th day of January , 2021 MERCHANTS BONDING COMPANY (MUTUAL) :·~::r;z On this 11th day of January 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ;..:_.~\Al.IS'~ 0 ,. Z 0 ooe r-• . 10,w .... POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. BOND NUMBER: CAC722004 BOND PREMIUM: $31 ,164.00 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Aster Construction Services Inc., (hereinafter designated as the "Principal"), a Contract for: CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 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, Aster Construction Services Inc., as Principal, (hereinafter designated as the "Contractor"), and Merchants Bonding Company (Mutual) as Surety, are held firmly bound unto the City of Carlsbad in the sum one million two hundred forty-six thousand five hundred sixty-six dollars and forty cents ($1,246,566.40), 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 . . , '-~ DBE-6/12/18 Contract No. 6097 Page 63 of 188 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1_6t_h ____ day of November 2022 ' -- Aster Construction Services, Inc. (SEAL) Merchants Bonding Company (Mutual) (SEAL) (Princip ) C)u (Soty) 0 By lure) • ~y ~ ~:!r"'=-- \J'JCAd·1 b t . Dahe v-, Pres,d~nt Vanessa Copeland, Attorney-In-Fact (Print Name & Title) (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Atto;rr~/ n By mil ~ Assistant CityAttorny Contract No. 6097 Page 64 of 188 CALIFORNCA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 ,.. ,.v A nota~ public or other officer completing this certificate verifies on!) the identity of the indi\ idual who signed the document to which this certificate is allachcd and not the truthfulness. accuracy, or rnlidity of that document. State of California County of _O_r_a_n~g_e _________ _ before me, ________ Li_s_a_P_e_l_le_r_ito ________ . Notary Public. personally appeared Vanessa Copeland Name(s) ofSigner(s) \vho proved to me on the basis of sati sfactory 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 hislhcr/th-ei-r authorized capacit~ (ics), and that by lns/her/thcir signature(s) on the instrument the pcrson(s). or the entity upon behalf of which the person(s) acted, executed the instrument. ········~ USA PELLERl,O Notary P~blic • California 2 Oranse County ~ Commission rt 2383234 - y Comm. Expires Nov 16. 2025 Place :-1 otary Sea I . \bo\'C I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------------------------------OPTIONAL Though the information below is not required by law. ii may prO\·e valuable to persons relying on the document and could present fraudulent and reattachment of this fo rm to another document. Description of Attached Document Type or Title of Document:--------------------------------- Document Date: __________________ Number of Pages: ___________ _ Signcr(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signcr·s Name: Vanessa Copeland Signcr·s Name: □ Individual □ Individual □ Corporate Officer -Tille(s): □ Corporate Officer -Titlc(s): □ Partner: □Limited D General □ Partner: D Limited D General (g] Attornc,· in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing : __________ _ Signer ls Representing: __________ _ Rev. 1-15 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 Nov. 18, 2022 before me, G. Contreras, Notary Public (insert name and title of the officer) personally appeared _W_a_d_ih_E_D_a_h_e_r ___________________ _ who proved to me on the basis of satisfactory evidence to be the person~whose name~is/af& subscribed to the within instrument and acknowledged to me that he/sheftl ,ey eAecuted the same in his/hcrf~heir authorized capacity~. and that by his/ktdll reil signature~ on the instrument the person~or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) G. Contreras COMM.# 2290462 0TARY PUBUC•CAUFORNIAO Saa Diero COUNTY 0 My Cow.miuion Ezp;n,. MaJ 31,2023 MERCHANTS~ BON DI NG CO MPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Lisa Pellerito; Mark Richardson; Michael Castaneda; Natassia Smith; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. STATE OF IOWA COUNTY OF DALLAS ss. day of January , 2021 MERCHANTS BONDING COMPANY (MUTUAL) ::·~~z;: On this 11th day of January 2021 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A:..~IA(o'~ 0 )> Z 0 000 r--• . 1ow~ POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. 16th day of November , 2022 . v~~~- Secretary POA 0018 (1/20) DBE- 6/12/18 Contract No. 6097 Page 65 of 188 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 Aster Construction Services Inc., whose address is 1666 1/6 N McCadden Place, Los Angeles, California 90028, hereinafter called "Contractor" and ___________________________________ whose address is ______________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. 6097 in the amount of $1,246,566.40 dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. DBE- 6/12/18 Contract No. 6097 Page 66 of 188 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address DBE- 6/12/18 Contract No. 6097 Page 67 of 188 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address City of Carlsbad Addenda Acknowledgements for Project HSIP Cycle 10 Project -HSIPSL-5308 (024) Carlsbad Boulevard Crosswalk Improvement Project (PWS23-1978TRAN (Re-bid)) Issued on 09/29/2022 Bid Due on November 01, 2022 11:00 AM (PST) Exported on 11/22/2022 Vendor Name 3P Construction, Inc. AGC OF SAN DIEGO American Asphalt South, Inc. Aster Construction Services Inc. ATP General Engineering Contractors A division of Hanson Aggregates Pacific Sout Baker Electric BidAmerica Blue Pacific Engineering Construction, Inc. BRINO BUILDERS INC California Electric Supply Cecilia's Safety Service, Inc. Dick Miller Inc. frank and son paving inc. Granite Construction Company HMS Construction, Inc. LANDMARK CONSULTING MSL Electric, Inc. Pacific Consulting Palm Engineering Construction Company, Inc. Pavement Coatings Co. Pavement Recycling PCI Perry Electric RAP Engineering, Inc. Select Electric, Inc. SNZ Contractors, Inc. SoCa l Shaker Plates Southwest Traffic Signal Service Superior Pavement Markings TRI GROUP CONSTRUCTION Western Concrete Washouts 1 2 no no yes yes no no yes yes no no no no yes yes yes yes no no no no no no yes yes no no yes yes yes yes no no no no no no yes yes yes yes no no no no no no no no yes yes no no no no no no no no yes yes no no October 13, 2022 ADDENDUM NO. 1 C cityof Carlsbad RE: HSIP CYCLE 10 PROJECT -HSIPSL-5308 (024) -CARLSBAD BOULEVARD CROSSWALK IMPROVEMENT PROJECT PROJECT NO. 6097; BID NO. PWS23-1978TRAN Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. ~~ -GRAHA~ Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t City of Carlsbad HSIP Cycle 10 Project -HSIPSL-5308 (024) -Carlsbad Boulevard Crosswalk Improvement Project From: No. of Pages: Date: Due Date: Contract No. 6097 Bid No. PWS23-1978TRAN Addendum No. 1 Graham Jordan, Contract Administrator Phone: 442-339-2462 graham.jordan@carlsbadca.gov 1635 Faraday Ave Carlsbad.CA 92008 5 (including this page) October 13, 2022 November 1, 2022 -11 a.m. (Unchanged) 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. Contractor 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 Contractor to d isq ua lification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO THE NOTICE INVITING BIDS 1. GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM The total amount of work for the prime contractor to perform with its own forces is reduced from 50% to 40%. Replace the first page of the Guide for Completing the "Designation of Subcontractors" Form (page 44) with the revised Attachment A. MODIFICATIONS, DELETIONS, AND ADDITIONS TO THE GENERAL PROVISIONS 1. SECTION 2-3 -SUBCONTRACTS The total amount of work for the prime contractor to perform with its own forces is reduced from 50% to 40%. Replace page 78 with the revised Attachment B. Contract No. 6097-PWS23-1978TRAN Addendum No. 1 1 ATTACHMENT A REVISED GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS"FORM (Page 44 only) Contract No. 6097-PWS23-1978TRAN Addendum No. 1 2 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than W 60 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty forty percent (W 40%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contract No. 6097-PWS23-1978TRAN Addendum No. 1 3 ATTACHMENT B REVISED GENERAL PROVISIONS SECTION 2-3 -SUBCONTRACTS (Page 78 only) Contract No. 6097-PWS23-1978TRAN Addendum No. 1 4 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete eO 40 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 eO 40 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least W 40 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Contract No. 6097-PWS23-1978TRAN Addendum No. 1 5 October 21 , 2022 ADDENDUM NO. l ( City of Carlsbad RE: HSIP CYCLE 10 PROJECT -HSIPSL-5308 (024) -CARLSBAD BOULEVARD CROSSWALK IMPROVEMENT PROJECT PROJECT NO. 6097; BID NO. PWS23-1978TRAN Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. £~ Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t City of Carlsbad HSIP Cycle 10 Project -HSIPSL-5308 (024) -Carlsbad Boulevard Crosswalk Improvement Project From: No. of Pages: Date: Due Date: Contract No. 6097 Bid No. PWS23-1978TRAN Addendum No. 2 Graham Jordan, Contract Administrator Phone: 442-339-2462 graham.jordan@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 19 (including this page) October 21 , 2022 November 1, 2022 -11 a.m. (Unchanged) 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. Contractor 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 Contractor to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS 1. BUY AMERICA REQUIREMENTS The Department of Transportation (DOT) has issued a temporary waiver of the most recent Buy America requirements as required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 11 7-58. Please note that federal procurement requirements in place before passage of the Bipartisan Infrastructure Law will remain in place. See Attachment A for more details. Since the City of Carlsbad intends to award the project before November 10, 2022, the waiver described in Attachment A will apply to this project. QUESTIONS AND ANSWERS 1. What is the estimated start date for this project? The estimated start date for the project is Dec 2022/Jan 2023. Contract No. 6097-PWS23-1978TRAN Addendum No. 2 2. Can you please confirm that the above project is a 0% DBE and if so do we need to complete the form 15G and 15H? Yes, there is a 0% DBE requirement. You are still required to fill out forms 15G and 15H. Contract No. 6097-PWS23-1978TRAN Addendum No. 2 2 ATTACHMENT A TEMPORARY WAIVER OF BUY AMERICA REQUIREMENTS Contract No. 6097-PWS23-1978TRAN Addendum No. 2 3 4910-9X DEPARTMENT OF TRANSPORTATION Office of the Secretary Temporary Waiver of Buy America Requirements for Construction Materials ACTION: Notice. SUMMARY: As the Biden-Harris Administration implements the historic Bipartisan Infrastructure Law (BIL), we seek to maximize the use of American made products and materials in all federally funded projects while also successfully delivering a wide range of critical infrastructure projects for States, local communities, counties, Tribal nations and farms, factories and businesses across the U.S. In order to deliver projects and meaningful results while ensuring robust adoption of Buy America standards, the U.S. Department of Transportation ("DOT" or "Department") is establishing a temporary public interest waiver for construction materials for a period of 180 days beginning on May 14, 2022 and expiring on November I 0, 2022. DOT is establishing this transitional waiver to prepare for compliance with the new Made in America standards for construction materials. During this time period, DOT expects States, industry, and other partners to begin developing procedures to document compliance. DOT will continue its engagement through the waiver period to help facilitate the creation of robust enforcement and compliance mechanisms and to rapidly encourage domestic sourcing of construction materials for transportation infrastructure improvements. DATES: The waiver is applicable to awards that are obligated on or after May 14, 2022 and before November I 0, 2022. Unless extended, the waiver expires on November IO, 2022. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Darren Timothy, DOT Office of the Assistant Secretary for Transpo1tation Po licy, at darren.timothy@dot.gov or at 202-366-4051. For legal questions, please contact Michael A. Smith, DOT Office of the General Counse l, 202-366-2917, or via e-mail at michael.a.smith@dot.gov. SUPPLEMENT ARY INFORMATION: Background In January 2021, President Biden issued Executive Order (EO) l 4005, titled "Ensuring the Future is Made in All of America by All of America's Workers," launching a whole-of- govemment initiative to strengthen Made in America standards. The EO states that the United States Government "should, consistent with applicable law, use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States." DOT is committed to ensuring strong and effective Buy America implementation consistent with EO 14005 and has a long track record of successfully applying Made in America standards to support American workers and businesses through its more than $70 billion in grant programs and $700 million in direct purchases in FY2020. On November 15, 2021, President Biden signed the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. J 17-58, div. G §§ 70901-52. The BIL not only makes a historic investment in American transportation-from roads and bridges to rail to transit-but also greatly strengthens Made in America standards. Specifically, the Act expands the coverage and application of Buy America preferences in Federal financial assistance programs fo r infrastructure. The Act requires that no later than May 14, 2022-180 days after the date of enactment-the head of each covered Federal agency shall ensure that "none of the funds made available for a Federal fin ancial assistance program for infrastructure ... may be 2 obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." BIL § 70914(a). The Act provides that the preferences under Section 70914 apply only to the extent that a domestic content procurement preference as described in Section 70914 does not already apply to iron, steel, manufactured products, and construction materials. BIL § 70917(a}-(b). This provision allows Federal agencies to preserve existing Buy America policies and provisions that meet or exceed the standards required by the Act, such as FHWA's existing requirements for iron and steel. One of the new Buy America preferences included under Section 70914 of the Act is for construction materials. By May 14, 2022, each covered Federal agency must ensure that all manufacturing processes for construction materials used in Federally assisted infrastructure projects occur in the United States. None of the specific statutes that apply particular Buy America I requirements to the Federal financial assistance programs administered by DOT's Operating Administrations (OAs), including 49 U.S.C. § 50101 (FAA); 23 U.S.C. § 313 (FHWA); 49 U.S.C. § 22905(a) (FRA); 49 U.S.C. § 53230) (FTA); and 46 U.S.C. § 54101(d)(2) (MARAD), specifically cover construction materials, other than to the extent that such materials would already be considered iron, steel, or manufactured products. In addition to establishing Buy America preferences, the Act also provides certain statutory authorities for the Made in America Office ("MIAO") in the Office of Management and Budget ("OMB"). BIL§§ 70915(b) and 70923. MIAO was first established by Section 4 of EO 14005. MlAO's authorities under the BIL include issuing guidance to assist in applying the 1 In this notice, references to "Buy America" include domestic preference laws called "Buy American" that apply to DOT financial assistance programs. 3 Act's requirements and issuing standards that define term "all manufacturing processes" in the case of construction materials. BIL § 70915. On April 18, 2022, 0MB issued memorandum M-22-11 , "Initial Implementation Guidance on Appli cation of Buy America Preference in Federal Financial Assistance Programs for Infrastructure" ("[mplementation Guidance"). Under section Vlll of the Implementation Guidance, "Preliminary Guidance for Construction Materials," "construction materials" includes: an article, material, or supply-other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives -that is or consists primarily of: • non-ferrous metals; • plastic and po lymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. Implementation Guidance at p. 13-14. The Implementation Guidance also states that "an article, material, or supply should only be classified into one of the following categories: ( 1) iron or steel; (2) a manufactured product; or (3) a construction material. For ease of administration, an article, material, or supply sho uld not be conside red to fall into multiple categories." Id. at p. 6. The Implementation Guidance also explains that "items that consist of two or more of the listed materials t hat have been combined together through a manufacturing process, and items that include at least one of the li sted materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction 4 materials." Id. at p. 14. 0MB characterizes its guidance on which materials are construction materials as "preliminary and non-binding guidance ... so that agencies can begin applying Buy America requirements to those materials." Id. at p. 13. DOT is taking appropriate steps to ensure the definition of "construction material" specified in the Implementation Guidance applies to each award from a financial assistance program for infrastructure projects, including by incorporating that definition in terms and conditions incorporating a Buy America preference. Section 709 l 5(b) of the BIL requires 0MB to issue standards that define "al 1 manufacturing processes" for construction materials. Section VIII of the Implementation Guidance provides that, "[p]ending MIAO's issuance of final standards on construction material s, and absent any existing applicable standard in law or regulation that meets or exceeds these preliminary standards, agencies should consider 'all manufacturing processes' for construction materials to mean the final manufacturing process and the immediately preceding manufacturing stage for the construction material." Implementation Guidance at p. 14. After considering information received through stakeholder and industry outreach, MIAO will issue further guidance that identifies initial manufacturing process for each type of construction material that should be considered as part of "all manufacturing processes." Id. Agencies are also directed to "consult with MIAO, as needed, to ensure that any waiver issued for construction materials is explicitly targeted and time-limited, in order to send a clear market signal that additional standards for 'all manufacturing processes' in the case of construction materials will be forthcoming." Id. The Implementation Guidance notes that a "waiver in the public interest may be appropriate where an agency determines that other important policy goals cannot be achieved 5 consistent with the Buy America requirements established by the Act." Implementation Guidance at p. 10. The guidance also recognizes several instances in which Federal agencies may consider issuing a public interest waiver and encourages agencies to consider an adjustment period where time limited waivers would al low recipients and agencies to transition to new Buy America preferences, rules, and processes. Id. at p. 11 . In bringing its Federal financial assistance programs for infrastructure into compliance with the Act's requirement for construction materials, DOT must also ensure that these important Federal programs for transportation infrastructure investment are able to obligate funds and complete infrastructure projects in a timely manner. For example, the new construction materials requirement will apply to capital projects funded by formula and discretionary programs of the Federal Transit Administration, including projects under the new All Stations Accessibility Program, which will upgrade the accessibility of fixed guideway public transportation systems for people with disabilities. Because construction materials have not previously been subject to Made in America rules as have iron and steel, there is a need to gather data on domestic sourcing capacity to inform stronger standards. For example, while the exact impact on highway project construction is unknown, the Department believes that it could be significant. According to the current National Bridge Inventory, there are more than 62,588 bridges with wood or timber elements (including 16,909 bridges whose main span have wood or timber elements), 2,281 bridges with non-ferrous metal e lements, and 19,562 bridges with polymer-based products elements. Additionally, construction materials are used in a wide variety of other applications, such as culverts, glass for retro-reflectivity in pavement markings, glass in fiber optics involved in utility relocations, non-ferrous metals in sign sheeting, and dry wall used in rest areas and other vertical 6 construction applications. These are just a few examples of construction materials that may be found in highway projects. The Department has heard from stakeholders regarding concerns about the implementation of Buy America requirements to construction materials, specifically how recipients of Federal funds will need to require contractors to source Buy America compliant construction materials and how industry will certify and demonstrate compliance. The Department recognizes both the importance of ensuring Buy America compliant construction materials and the need to implement the requirement in a way that is not overly burdensome. Issuance of the Proposed Temporary Waiver and Discussion of Comments Received ln accordance with Section 70914(b)(l) of the Act, on April 28, 2022, DOT published a notice on its website seeking comment on whether to use its authority to provide a temporary waiver of the Buy America requirement for construction materials on DOT-assisted infrastructure projects, on the basis that applying the domestic content preference for these materials would be inconsistent with the public interest.2 The notice explained that the waiver would be applicable to awards that are obligated on or after May 14, 2022. To maximize notice to affected stakeholders, the Department also announced the proposal on several email distribution lists related to the operating administrations' existing Buy America requirements. The DOT received 83 separate comments in response to the publication from a wide array of stakeholders, including State transportation agencies, public transit agencies, airport operators, construction firms, manufacturers and suppliers, labor organizations, and individuals, 2 Because the application of Buy America to construction materials is required under BIL § 709 J 4, the authority for this waiver is also based on BIL§ 70914. Therefore, reference to, and reliance on, the waiver authority under specific Buy America provisions that are administered by the Department, such as 49 U.S.C. § 5010 I (FAA); 23 U.S.C. § 313 (FHWA); 49 U.S.C. § 22905(a) (FRA); 49 U.S.C. § 53230) (FTA); and 46 U.S.C. § 54 101(d)(2)(MARAD), is unnecessary. 7 as well as associations representing each of those groups. The vast majority of commenters supported DOT's proposal to issue a temporary waiver for construction materials. Comments opposing the waiver came from certain manufacturers and labor organizations; their key concerns relevant to the proposal are discussed in more detail below. In the notice of proposed waiver, DOT asked whether a longer or shorter effective period than 180 days from May 14, 2022 would be warranted. Most commenters who addressed this question stated that this length ohime would likely be inadequate to accomplish the goals of the transition waiver period and suggested that it be increased. Most of those commenters suggesting a longer waiver period specifically offered that it should have a duration of one year, but several others proposed even longer effective periods ranging from I 8 months to 4 years. Several reasons were g iven for the commenters' belief that a longer period would be justified. For example, the Utah Department of Transportation described a series of steps that will need to be undertaken before the new requirements for construction materials can be implemented, including 0MB issuing final standards for construction materials, as well as State DOTs updating standard specifications; establishing certification processes; working with and informing industry to demonstrate their products meet the standards; working with contractors and incorporating new contract provisions prescribing Buy America requirements; and reviewing and updating stewardship and oversight agreements with FHWA to address non-compliance with Made in America standards. The A laska Department of Transportatio n and Public Facilities and the Pennsylvania Department of Transportation also noted that the 180-day period would overlap with the peak construction season in most States, and thus affect participation from the contractors, suppliers, and agencies that are needed to develop new compliance processes for construction materials. 8 Other commenters, such as the Greater Orlando Aviation Authority, focused on the steps needed to investigate potential domestic sources of construction materials and to build up an adequate supply base to support federally funded transportation infrastructure projects. Several commenters, such as the Associated General Contractors of America, noted that current supply chain challenges in the materials industry and the resulting volatility in those markets make it "extremely difficult to determine at this time whether U.S. production for these newly covered materials can support the demand the IIJA's increased funding levels w ill place on these markets, or whether there is sufficient or existing U.S. production at all for some of these goods." The Wyoming Department of Transportation, however, commented that it while it "believes the waiver may need to be extended, perhaps considerably," it also "recognizes that DOT needs to move promptly to ensure at least the six-month period to minimize disruption to the current construction season," and noted that while compliance procedures may not currently be in place, "the abi lity to certify materials will grow over time, so there should be a good faith certification process that can be refined over time." While recognizing the challenges that commenters noted on the steps that will ultimately be required to fully implement the new Buy America provisions for construction materials and to achieve a robust, thriving domestic supply base, DOT agrees with Wyoming DOT on the importance of moving quickly with a short-term waiver and with an approach of refining processes over time, rather than delaying the application of the new requirements for an extended period of time until those processes and domestic supply bases can be perfected. No commenters provided evidence of an existing certification process for construction materials that is already in use and could be immediately adopted by suppliers, contractors, and project sponsors. However, the Spring City Electrical Manufacturing Company, a manufacturer 9 of aluminum lampposts, listed five products that it believes would qualify as construction materials under the Act and noted that the aluminum production process is similar to that for iron and steel products, for which "DOT has previously determined the 'material certification process has been adequate for determining compliance,"' as "contractors must provide certificates of origin to the project sponsor." The commenter also stated that "notably for the [State] DOTs' interests the aluminum lampposts and bases are covered by country of origin marking requirements in 19 U.S.C. l 304(e) that should aid in origin identification." The Department will determine whether the company's products would be considered construction materials once 0MB has issued final standards, but DOT believes that this comment supports the conclusion that some types of construction materials may be readily addressed with new Buy America compliance procedures adapted from existing procedures elsewhere in use, and that the limited 180-day duration of the waiver as proposed is appropriate to enable that adaptation. Some commenters, including the United Steelworkers Union (USW), the Municipal Castings Association (MCA), and the Alliance for American Manufacturing (AAM) questioned the duration of the period that the Department provided to comment on the proposed waiver. USW asserted that "BABA clearly states that agencies requesting general applicabil ity public interests waivers allow for 30 days for public comments." The Department disagrees with that description of the statute. Section 70914( c )(2) of the Act requires agencies to "provide a period of not less than 15 days for public comment on the proposed waiver." Section 70914( d) is a separate provision that requires a comment period of "not less than 30 days" when an agency conducts a review of an existing general applicability waiver. That provision is not applicable to new general applicability waivers. Accordingly, the Department's comment period satisfies the applicable statutory requirement. The Department chose not to extend the comment period 10 beyond May I 3, 2022, because the relevant Buy America requirements became effective on May I 4, 2022. The Department determined that the interest in providing financial assistance recipients with certainty about applicable requirements outweighed the benefits of a longer comment period. That determination is supported by the fact that 82 commenters, representing a diverse set of stakeholders, submitted comments in the time provided. USW, MCA, and AAM, along with the Commercial Metals Company, a lso expressed concern about the Department's failure to propose the waiver before April 28, 2022. USW asserted that this undermines stakeholder's confidence in the Department's capacity to efficiently implement the Act. The Department's timing was responsive to the public availa bility of the Lmplementation G uidance. As explained above, that guidance was issued on April I 8, 2022; the Department proposed the waiver 8 business days later. lfthe Department had proposed the waiver before 0MB issued the Implementation Guidance, the public would have lacked important context to inform its comments and the Department would have been at ri sk of needing to withdraw and re-propose a waiver that complied with the Implementation Guidance. The Department and 0MB anticipate providing additional opportunities for further stakeholder input on implementation of the Act, and, as described in the proposal and this notice, the Department will consider narrowing the breadth or shortening the duration of this waiver in response to information supporting the availability of demonstrably compliant categories of construction materials. US W and AAM also raised concerns about the issuance of a temporary general applicability waiver for construction materials on the basis of public interest. Both parties acknowledged "that limited, narrow use of waiver authority may be necessary, including for those departments and agencies working to establish a Buy America policy for the first time." 11 DOT agrees and notes that while its Operating Administrations have longstanding experience in applying Buy America preferences for iron and steel and for manufactured products, applying such policies to construction materials is a new exercise. USW also noted that "this Administration has stated clearly that public interest waivers be used sparingly, and reserved for truly exigent circumstances." DOT agrees that public interest waivers should be used sparingly and has concluded that avoiding the disruption to transportation infrastructure projects that would occur without a period for deliberate development of processes needed to transition to the new requirements constitutes a rare and appropriate use of the authority. Both USW and AAM also expressed concern about public interest waivers being used to delay the application of Buy America preferences indefinitely. DOT's purpose in limiting the temporary waiver for construction materials to only 180 days avoids such an outcome and commun icates that stakeholders need to rapidly adopt the necessary procedures to ensure compliance with the new requirements. Several commenters requested that the Department expand the scope of the proposed waiver to include items that are not construction materials, as that term is defined in the Act and Section Vlll of the Implementation Guidance. The Department considers those requests to be outside the scope of its current waiver action. L ikewise, for the purpose of this waiver action, DOT considers out of scope the comments that were received addressing other types of public interest waivers that DOT could issue under the Act, the application of Buy America requirements to manufactured products and to iron and steel, and the importance of complying with cargo preference (a.k.a. Ship American) requirements when transporting foreign-made materials purchased pursuant to a Buy America waiver. However, DOT values the feedback received in those comments and will consider those requests and comments as it continues 12 implementation of the Act, including its development of guidance and reviews of existing waivers of general applicability under section 70914(d) of the Act. Finding on the Temporary Waiver Based on all the info rmation available to the Agency, DOT concludes that apply ing the domestic content preference for construction materials under Section 70914(a) of the Act on DOT-assisted infrastructure projects now, before adequate compliance processes are in place, would be inconsistent with the public interest, and that a temporary waiver of that requirement is thus appropriate under Section 70914(b)(1 ). This waiver is applicable only to awards obligated on or after May 14, 2022 and before November I 0, 2022. For awards obligated during that 180- day period, the waiver applies for the duration of the award. Unless extended, the waiver is inapplicable to any award obligated on or after November 10, 2022. In issuing this temporary public interest waiver, DOT is not making a finding that any construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality. Such a finding would require a separate waiver action under section 70194(b)(2). Ramping Up Made in America Compliance and Ongoing Request for Comments With the goal of advancing crucial infrastructure projects in a timely manner while implementing the new Buy America requirements, the DOT is providing this notice as its finding that a waiver of Buy A merica requirements for construction materials is appropriate at this time. DOT continues to encourage suppliers and other stakeholders to inform DOT of any procedures that may be developed or be in place to certify the compliance of construction materials with the domestic preference requirement in the Act. That information helps DOT rapidly encourage domestic sourcing and potentially shorten the effective period or narrow the applicability of the 13 transitional waiver. The Department also encourages supplier and other stakeholders to identify categories of construction materials that currently have sufficient domestic availability to support DOT-assisted infrastructure projects, to assist contractors and project sponsors in incorporating compli ant products in their projects and to help the Department focus its activities to benefit domestic manufacturers. Comments may be submitted to the U.S. Government electronic docket site at http://www.regulations.gov/, Docket: DOT-OST-2022-0047. The temporary general waiver of the Buy America requirement for construction materials under the Act will provide sufficient time for DOT to: (i) seek information and feedback from State, local, industry, and other partners and stakeholders on challenges with and solutions for implementing the requirement; (ii) allow a reasonable adj ustment period for recipients of DOT financial assistance, including States, local communities, Tribal nations, transit agencies, railroads, airports and ports and their industrial vendors to develop and transition to new compliance and certification processes for construction materials; and (iii) gather data on the sourcing of the fu ll range of construction materials used in Federally funded transportation projects and strategies for increasing domestic capacity to produce those materials. During the waiver period, DOT expects that implementing partners will take rapid action to prepare for compliance with the new requirements, as they currently do for iron and steel, for example. Actions to prepare for compliance w ith the new requirements include: I. Establishing certification processes by grantees to determine Buy America compliance for construction materials; 2. Working with industry to ensure that manufacturers are prepared to demonstrate that their products meet applicable Buy America standards; 14 3. Ensuring contractors and subcontractors are prepared to certify compliance with Buy America requirements fo r construction materials, and provide all relevant information, including contract provisions prescribing Buy America requirements; 4. Estab lishing appropriate diligence by State DOTs, contracting agencies, and other relevant agencies, including audits and reviews as appropriate; and 5. Providing further data a nd information to DOT on the domestic availability of construction materials, in particular, through comment by suppliers on construction materials that can be sourced in the U.S. currently. During the waiver period, DOT will al so work to prepare for implementation of new Made in America requirements for construction materials by: 1. Assessing existing Made in America processes such as questions and requirements for grantees and contractors to ensure processes for reviewing construction materials are aligned with standards already in place, such as for iron and steel, as appropriate; 2. Building new Made in America requirements into forthcoming Notice of Funding Opportunities, loan programs, and other resources provided by the Department, as appropriate; 3. Reviewing DOT's enforcement processes, including stewardship and oversight agreements with States, risk-based reviews, and compliance assessment program reviews for non-compliance with Made in America standards to ensure the enforcement processes for construction materials are effective and consistent with processes for products such as iron and steel, as appropriate; 4. Reviewing data, information, and comments provided by States, industry, and other partners to further assess opportunities, challenges, and the availability of domestically 15 sourced construction materials. Stakeholders are encouraged to provide information to DOT in response to this notice, as well as to the OMB's Listening Sessions and Request for Information on the application of Made in America requirements to construction materials. By the end of the waiver period, DOT expects State, industry, and other partners to establish an effective compliance process appropriate for construction materials, consistent with the BIL and relevant implementation guidance and standards. As explained above, the Department's implementation activities will continue during the waiver period. If DOT can determine, using all available information, including stakeholder comments and data, that there are currently sufficient compliance processes for certain categories of construction materials, DOT will consider shortening the period of the waiver overall, or for certain categories of product, to rapidly encourage domestic sourcing. In making any adjustments, DOT will follow the public input requirements of Section 70914(d), which provide for at least a 30-day comment period for DOT's conduct of a review of an existing general applicability waiver. issued in Washington, DC on: May 19, 2022. Polly E. Trottenberg Deputy Secretary 16 Revised 6/15/17 Contract No. 6097 Page 68 of 188 GENERAL PROVISIONS FOR CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT CONTRACT NO. PSA20-1147TRAN CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”, "scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 6/15/17 Contract No. 6097 Page 69 of 188 Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency – The City of Carlsbad, California. Agreement – See Contract. Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments. Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work. Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 6/15/17 Contract No. 6097 Page 70 of 188 Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. 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. Revised 6/15/17 Contract No. 6097 Page 71 of 188 Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – The Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Revised 6/15/17 Contract No. 6097 Page 72 of 188 Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”. State – State of California. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water. Street – Any road, highway, parkway, freeway, alley, walk, or way. Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. Revised 6/15/17 Contract No. 6097 Page 73 of 188 All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL ..................................................................Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line FS ...................................................... Finished surface FT-LB .........................................................Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge GAL ............................................... Gallon and Gallons GALV ......................................................... Galvanized Revised 6/15/17 Contract No. 6097 Page 74 of 188 GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP ..................................................................Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HDWL ........................................................... Headwall HGL .............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ...................................................................Live load LOL .............................................................Layout line LONG ........................................................Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum LTS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... 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 ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................ State highway STA ................................................................... Station Revised 6/15/17 Contract No. 6097 Page 75 of 188 STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 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. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 6/15/17 Contract No. 6097 Page 76 of 188 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103 centi (c)..................................................................................................10-2 milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12 1-5 SYMBOLS Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Revised 6/15/17 Contract No. 6097 Page 77 of 188 SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: “(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.” If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 6/15/17 Contract No. 6097 Page 78 of 188 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 6/15/17 Contract No. 6097 Page 79 of 188 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 unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of 1 set. The set is designated as City of Carlsbad Drawing No. 525-9 and consists of 14 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Revised 6/15/17 Contract No. 6097 Page 80 of 188 Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract. 5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6. Plans. 7. Standards plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. e. Traffic Signal Design Guidelines and Standards. f. State of California Department of Transportation Standard Plans. g. State of California Department of Transportation Standard Specifications. h. California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. Standard Specifications for Public Works Construction, as amended. 9. Reference Specifications. 10. Manufacturer’s Installation Recommendations. Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation Revised 6/15/17 Contract No. 6097 Page 81 of 188 to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g., The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of Transmittal shall contain the following: 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor’s certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6. Description of the contents of the submittal. 7. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: _________________________________ Title: ______________________________ Date: _______________________________ Company Name: ______________________________________________________________ Revised 6/15/17 Contract No. 6097 Page 82 of 188 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. Revised 6/15/17 Contract No. 6097 Page 83 of 188 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be 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 materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced Revised 6/15/17 Contract No. 6097 Page 84 of 188 by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of Revised 6/15/17 Contract No. 6097 Page 85 of 188 construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description Centerline or Parallel to Centerline Spacing, Lateral Spacing , Setting Tolerance (Within) Street Centerline SDRS M-10 Monument 1000’, Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02’ Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, 50’ on tangents & 25’ on curves, Painted line - continuous at clearing line 1’ Horizontal Slope RP + Marker Stake Intervisible and 50’ Grade Breaks & 25’ 0.1’ Vertical & Horizontal Fence RP + Marker Stake 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’ N/A (constant offset) 0.1’ Horizontal Rough Grade Cuts or Fills 10 m (33’) RP + Marker Stake 50’ N/A 0.1’ Vertical & Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ 22’ 3/8” Horizontal & 1/4” Vertical Asphalt Pavement Finish Course RP, paint on previous course 25’ or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks 3/8” Horizontal & 1/4” Vertical Drainage Structures, Pipes & similar Facilities, RP + Marker Stake intervisible & 25’, beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate 3/8” Horizontal & 1/4” Vertical Curb RP + Marker Stake 25’, BC & EC, at ¼, ½ & ¾ on curb returns & at beginning & end (constant offset) 3/8” Horizontal & 1/4” Vertical Traffic Signal Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller RP + Marker Stake at each pole & controller location as appropriate 3/8” Horizontal & 1/4” Vertical Junction Box RP + Marker Stake at each junction box location as appropriate 3/8” Horizontal & 1/4” Vertical Revised 6/15/17 Contract No. 6097 Page 86 of 188 Feature Staked Stake Description Centerline or Parallel to Centerline Spacing, Lateral Spacing , Setting Tolerance (Within) Conduit RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where grade 0.30% as appropriate 3/8” Horizontal & when depth cannot be measured from existing pavement 1/4” Vertical Minor Structure RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression as appropriate 3/8” Horizontal & 1/4” Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake 50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical & Horizontal Wall RP + Marker Stake + Line Point +Guard Stake 50’ and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 1/4” Horizontal & 1/4” Vertical Major Structure Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8” Horizontal & 1/4” Vertical Superstructures RP 10’ to 33’ sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8” Horizontal & 1/4” Vertical Miscellaneous Contour Grading RP + Marker Stake 50’ along contour line 0.1’ Vertical & Horizontal Utilities , RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where grade 0.30% as appropriate 3/8” Horizontal & 1/4” Vertical Channels, Dikes & Ditches RP + Marker Stake intervisible & 100’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1’ Horizontal & 1/4” Vertical Signs RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1’ Vertical & Horizontal Subsurface Drains RP + Marker Stake intervisible & 50’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate 0.1’ Horizontal & 1/4” Vertical Overside Drains RP + Marker Stake longitudinal location At beginning & end 0.1’ Horizontal & 1/4” Vertical Markers RP + Marker Stake for asphalt street surfacing 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’. At marker location(s) 1/4” Horizontal Railings & Barriers RP + Marker Stake At beginning & end and 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ at railing & barrier location(s) 3/8” Horizontal & Vertical AC Dikes RP + Marker Stake At beginning & end as appropriate 0.1’ Horizontal & Vertical Box Culverts 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8” Horizontal & 1/4” Vertical Pavement Markers RP 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 1/4” Horizontal Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature Revised 6/15/17 Contract No. 6097 Page 87 of 188 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 Perpendicular to centerline. Some features are not necessarily parallel to centerline but are referenced thereto. Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, alignments, etc. White/Red Vertical Control Benchmarks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. Revised 6/15/17 Contract No. 6097 Page 88 of 188 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 6/15/17 Contract No. 6097 Page 89 of 188 SECTION 3 – CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Revised 6/15/17 Contract No. 6097 Page 90 of 188 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 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 Revised 6/15/17 Contract No. 6097 Page 91 of 188 compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their Revised 6/15/17 Contract No. 6097 Page 92 of 188 nature from those required for the Work and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor …………………………..…. 20 2. Materials …………………………. 15 3. Equipment Rental ………………. 15 4. Other Items and Expenditures … 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 6/15/17 Contract No. 6097 Page 93 of 188 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” Revised 6/15/17 Contract No. 6097 Page 94 of 188 By: ___________________________________ Title: ______________________________ Date: _________________________________ Company Name: ______________________________________________________________ The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: Revised 6/15/17 Contract No. 6097 Page 95 of 188 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. Revised 6/15/17 Contract No. 6097 Page 96 of 188 (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may Revised 6/15/17 Contract No. 6097 Page 97 of 188 request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. Revised 6/15/17 Contract No. 6097 Page 98 of 188 (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 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a Revised 6/15/17 Contract No. 6097 Page 99 of 188 disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 6/15/17 Contract No. 6097 Page 100 of 188 SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Revised 6/15/17 Contract No. 6097 Page 101 of 188 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after Revised 6/15/17 Contract No. 6097 Page 102 of 188 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. Revised 6/15/17 Contract No. 6097 Page 103 of 188 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the Revised 6/15/17 Contract No. 6097 Page 104 of 188 committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 6/15/17 Contract No. 6097 Page 105 of 188 SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 6/15/17 Contract No. 6097 Page 106 of 188 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers Revised 6/15/17 Contract No. 6097 Page 107 of 188 sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 6/15/17 Contract No. 6097 Page 108 of 188 SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 7 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 6/15/17 Contract No. 6097 Page 109 of 188 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on- site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Revised 6/15/17 Contract No. 6097 Page 110 of 188 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 “Schedule Revised 6/15/17 Contract No. 6097 Page 111 of 188 Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. 6-1.4.1 “Accepted.” The Contractor may proceed with the project work and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Revised 6/15/17 Contract No. 6097 Page 112 of 188 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made 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. The work includes installation of lighted (6 locations) crosswalks and curb improvements (5 locations) at existing pedestrian crossings along Carlsbad Boulevard 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Revised 6/15/17 Contract No. 6097 Page 113 of 188 Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Revised 6/15/17 Contract No. 6097 Page 114 of 188 Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the Revised 6/15/17 Contract No. 6097 Page 115 of 188 classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 120 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The project is located within the Carlsbad Village and Carlsbad Boulevard areas and regularly scheduled events are held near and within the project sites. The sites shall be completely cleared of construction equipment and materials and readied for public use, per section 6-2.3.3, prior to the events listed below but not limited to: MS 3 Day Challenge Walk November 04, 2022 Chamber's Carlsbad Village Fall Street Faire November 06, 2022 In Motion's Carlsbad Marathon January 15, 2023 Revised 6/15/17 Contract No. 6097 Page 116 of 188 Carlsbad 5000 April 02, 2023 Boob Ride April 15, 2023 Chamber's Carlsbad Village Spring Street Faire May 07, 2023 Special Olympics' Law Enforcement Torch Run May 24, 2023 Carlsbad Triathlon July 09, 2023 The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or Revised 6/15/17 Contract No. 6097 Page 117 of 188 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 fifteen hundred dollars per ($1,500.00) per day. 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 $1,500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 6/15/17 Contract No. 6097 Page 118 of 188 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Revised 6/15/17 Contract No. 6097 Page 119 of 188 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. Revised 6/15/17 Contract No. 6097 Page 120 of 188 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Revised 6/15/17 Contract No. 6097 Page 121 of 188 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made 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 Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. Revised 6/15/17 Contract No. 6097 Page 122 of 188 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. Revised 6/15/17 Contract No. 6097 Page 123 of 188 The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. Revised 6/15/17 Contract No. 6097 Page 124 of 188 The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. Consecutive marked crosswalks on Carlsbad Boulevard from Sycamore Avenue to Hemlock Avenue shall not be closed at the same time. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1. The Engineer ............................................................................ 760-602-2720 2. Carlsbad Fire Department Dispatch .......................................... 760-931-2197 3. Carlsbad Police Department Dispatch ...................................... 760-931-2197 4. Carlsbad Traffic Signals Maintenance (extension 2937) ........... 760-438-2980 5. Carlsbad Traffic Signals Operations.......................................... 760-602-2752 6. North County Transit District ..................................................... 760-967-2828 7. Republic Services ..................................................................... 760-332-6464 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Revised 6/15/17 Contract No. 6097 Page 125 of 188 Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest version, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Revised 6/15/17 Contract No. 6097 Page 126 of 188 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’), nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. It shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane in each direction, 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 latest version, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest version, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained Revised 6/15/17 Contract No. 6097 Page 127 of 188 until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest version, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and Revised 6/15/17 Contract No. 6097 Page 128 of 188 review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. 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 payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 6/15/17 Contract No. 6097 Page 129 of 188 Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Revised 6/15/17 Contract No. 6097 Page 130 of 188 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.” Add the following section: 7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008 and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the “Proposal and Contract” books. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. Revised 6/15/17 Contract No. 6097 Page 131 of 188 The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8 a.m. and 5 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Add the following section: 7-16 PUBLIC SAFETY. The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.09, "Public Safety," of the CALTRANS’ standard specifications and these special provisions. The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist: A. Excavations — The near edge of the excavation is 3.6 m or less from the edge of the lane, except: 1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. 2. Excavations less than 0.3-m deep. 3. Trenches less than 0.3-m wide for irrigation pipe or electrical conduit, or excavations less than 0.3-m in diameter. 4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. 5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical:horizontal). 6. Excavations protected by existing barrier or railing. B. Temporarily Unprotected Permanent Obstacles — The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. C. Storage Areas — Material or equipment is stored within 3.6 m of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provisions. The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications, shall be offset a minimum of 4.6 m from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 0.3-m transversely to 3 m longitudinally with respect to the edge of the traffic lane. If the 4.6-m minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993 and conforming to 1988 Standard Plan B11-30 may be used, provided the fabrication date is printed on the required Certificate of Compliance. Revised 6/15/17 Contract No. 6097 Page 132 of 188 Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" of these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions: Approach Speed of Public Traffic (Posted Limit) (Kilometers Per Hour) Work Areas Over 72 (45 Miles Per Hour) Within 1.8 m of a traffic lane but not on a traffic lane 56 to 72 (35 to 45 Miles Per Hour) Within 0.9-m of a traffic lane but not on a traffic lane The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the provisions in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. Required for ALL construction contracts administered under the Caltrans Standard Specifications. Add the following section: 7-17 BUY AMERICA REQUIREMENTS. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the Revised 6/15/17 Contract No. 6097 Page 133 of 188 manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/. Required for ALL construction contracts administered under the Caltrans Standard Specifications. Add the following section: 7-18 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. Required for ALL construction contracts administered under the Caltrans Standard Specifications. Add the following schedule: 7-19 SUBCONTRACTOR AND DBE RECORDS. Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work Maintain records including: Revised 6/15/17 Contract No. 6097 Page 134 of 188 1. Name and business address of each 1st-tier subcontractor 2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier 3. Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. 7-20 SUBCONTRACTING No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. If the Contractor violates Pub Cont Code § 4100 et seq., the City of Carlsbad may exercise the remedies provided under Pub Cont Code § 4110. The City of Carlsbad may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111. The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site. Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be Revised 6/15/17 Contract No. 6097 Page 135 of 188 withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. 7-21 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Add the following section: 7-22 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Revised 6/15/17 Contract No. 6097 Page 136 of 188 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. No facilities provided for agency personnel shall be required. Revised 6/15/17 Contract No. 6097 Page 137 of 188 SECTION 9 – MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT. 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it Revised 6/15/17 Contract No. 6097 Page 138 of 188 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion.” If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete Revised 6/15/17 Contract No. 6097 Page 139 of 188 the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. 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 Revised 6/15/17 Contract No. 6097 Page 140 of 188 the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be 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 systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 6/15/17 Contract No. 6097 Page 141 of 188 Remove and Dispose of Existing Pavement (Bid Item No. 1) SF The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing pavement and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Dispose of Existing Curb and Gutter (Bid Item No. 2) LF The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing curb and gutter and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Dispose of Existing Sidewalk (Bid Item No. 3) SF The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing sidewalk and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Dispose of Existing AC Curb (Bid Item No. 4) LF The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing AC Curb and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Reinstall Existing Bench (Bid Item No. 5) EA The contract unit price paid for this bid item shall constitute full compensation for the removal and reinstallation of the existing bench and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Reinstall Existing Trash Bin (Bid Item No. 6) EA The contract unit price paid for this bid item shall constitute full compensation for the removal and reinstallation of the existing trash bin and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Dispose of Existing Guardrail (Bid Item No. 7) LF The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing guardrail and for furnishing all labor, materials, equipment, tools and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Adjust to Grade Existing Street Light (Bid Item No. 8) EA The contract unit price paid for this bid item shall constitute full compensation for adjusting each existing street light to grade in accordance with Greenbook Section 403-5, preparation of subgrade, and all other necessary items to complete the Work as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Adjust to Grade Existing Sewer Manhole (Bid Item No. 9) EA The contract unit price paid for this bid item shall constitute full compensation for adjusting each existing sewer manhole to grade in accordance with Greenbook Section 403-5, the plans and Revised 6/15/17 Contract No. 6097 Page 142 of 188 contract documents. This includes preparation of subgrade, removal and replacement other improvements, and all other necessary items to complete the Work as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Grind and Overlay (Bid Item No. 10) SF The contract unit price paid for this bid item shall constitute full compensation to complete grinding and overlay work as shown on the plans and specified in the contract documents. In the event that the concrete in excess of the total milled in a particular street segment is encountered, payment shall be made at the Bid unit price. Prior to paving over the milled areas, the contractor shall notify the engineer that the incidental amount has been exceeded. Asphalt Concrete (Bid Item No. 11) Ton The contract unit price paid for this bid item shall constitute full compensation to furnish and install Asphalt Concrete in accordance with Greenbook Section 302-5, the plans and contract documents. This includes, but is not limited to, surveying, preparation of subgrade, use of tack coat if required, and sawcutting. Asphalt Concrete – Grind and Overlay (Bid Item No. 12) Ton The contract unit price paid for this bid item shall constitute full compensation to furnish and install Asphalt Concrete – Grind and Overlay in accordance with Greenbook Section 302-5, the plans and contract documents. This includes, but is not limited to, surveying, preparation of subgrade, use of tack coat if required, and sawcutting. Class 2 Aggregate Base (Bid Item No. 13) CY The contract unit price paid for this bid item shall constitute full compensation to furnish and install Class 2 Aggregate Base in accordance with Greenbook Section 301-2.4, the plans and contract documents. Construct 6” Type G Curb and Gutter per SDRSD G-2 (Bid Item No. 14) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install 6-in PCC Curb and Gutter per San Diego Regional Standard Drawing G-2 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb and gutter. Construct 6” Concrete Curb per SDRSD G-1 (Bid Item No. 15) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install 6-in PCC Curb per San Diego Regional Standard Drawing G-1 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb. Construct Type A Curb Ramp per SDRSD G-27 (Bid Item No. 16) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install a Type A Curb Ramp per San Diego Regional Standard Drawing G-27 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement adjacent to the curb ramp. Revised 6/15/17 Contract No. 6097 Page 143 of 188 Construct Type B Curb Ramp per SDRSD G-27 (Bid Item No. 17) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install a Type B Curb Ramp per San Diego Regional Standard Drawing G-27 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement adjacent to the curb ramp. Construct Type C Curb Ramp per SDRSD G-27 (Bid Item No. 18) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install a Type C Curb Ramp per San Diego Regional Standard Drawing G-27 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, and removing and replacing pavement adjacent to the curb ramp. Construct Sidewalk per SDRSD G-07 (Bid Item No. 19) SF The contract unit price paid for this bid item shall constitute full compensation to furnish and install 4-in PCC Sidewalk per San Diego Regional Standard Drawing G-07 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, sawcutting, doweling into existing sidewalk and removing and replacing pavement adjacent to curb and gutter. Construct Curb Channel (Bid Item No. 20) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install a curb channel per the detail on the plans in accordance with the plans and contract documents. This includes, but is not limited to, surveying, connections, forming, backfill, base material, compaction, sawcutting, and removing and replacing pavement adjacent to curb channel. Construct End Anchor Assembly Type CA Per RSP A77T1 (Bid Item No. 21) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install an End Anchor Assembly Type CA per the Caltrans Revised Standard Plan A77T1 on the plans in accordance with the plans and contract documents. This includes all labor, materials, equipment, tools, and incidentals and for performing all the work complete and accepted in place, as shown on the plans and as specified in the contract documents. No additional payment will be made thereof. Remove and Salvage of Existing Solar Panels and Furnish and Install Pole Caps (Bid Item No. 22) LS The contract unit price paid for this bid item shall constitute full compensation for the removal and disposal of the existing solar panels and to furnish and install pole caps in accordance with the plans and contract documents. No additional payment will be made thereof. Rectangular Rapid Flashing Beacon (RRFB) System (Bid Item No. 23) Lump Sum The contract unit price paid for this bid item shall constitute full compensation for providing a fully operational Rectangular Rapid Flashing Beacon (RRFB) system in accordance with the plans and manufacturer specifications. The Rectangular Rapid Flashing Beacon (RRFB) system shall have the following components: MK10 Controller for RRFB and beacons systems without radio ( RF ), for use with lead acid battery, MK10 for Lanelight XW Systems- LaneLight Driver, 24” X 16” X 8” Aluminum Cabinet, 12V - AC power supply- no louvers or non waterproof vents, Lanelight XW, 10 Uni Directional Lights w/ complete installation material for conduit in asphalt, includes conduit for IRWLS only, less tees, and Drivers for each Light Bar. This includes all labor, materials, Revised 6/15/17 Contract No. 6097 Page 144 of 188 equipment, tools, and incidentals and for performing all the work complete and accepted in place, as shown on the plans and in the contract documents. No additional payment will be made thereof. Furnish and Install Type III Service Cabinet (Bid Item No. 24) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install service cabinet in accordance with Caltrans 2018 Standard Specs Section 86-1.02P(2), SDG&E requirements, the plans and contract documents. No additional payment will be made thereof. Furnish and Install 2” Conduit (Bid Item No. 25) Linear Feet The contract unit price paid for this bid item shall constitute full compensation to furnish and install conduit in accordance with Greenbook Section 700-3.5, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings, striping, replacement of curb and gutter. Furnish and Install #5 Traffic Pullbox (Bid Item No. 26) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install #5 Traffic Pullbox in accordance with Greenbook Section 700-3.7, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping. Remove Detail Striping (Paint) (Bid Item No. 27) LF The contract unit price paid for this bid item shall constitute full compensation to remove detail striping (paint) in accordance with Greenbook Section 214-5, the plans and contract documents. Remove Pavement Markings (Thermoplastic) (Bid Item No. 28) SQFT The contract unit price paid for this bid item shall constitute full compensation to remove pavement markings (Thermoplastic) in accordance with Greenbook Section 214-5, the plans and contract documents. Furnish and Install Thermoplastic Paint (Bid Item No. 29) SQFT The contract unit price paid for this bid item shall constitute full compensation to furnish and install Thermoplastic paint in accordance with Greenbook Section 214-5, the plans and contract documents. Furnish and Install 2 Coat Paint (Bid Item No. 30) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install 2-coat paint in accordance with Greenbook Section 214-4, the plans and contract documents. Furnish and Install #8 Conductor (Bid Item No. 31) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install #8 conductor in accordance with Greenbook Section 700-5.3, the plans and contract documents. Furnish and Install #10 Conductor (Bid Item No. 32) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install #10 conductor in accordance with Greenbook Section 700-5.3, the plans and contract documents. Furnish and Install #12 Conductor (Bid Item No. 33) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install #12 conductor in accordance with Greenbook Section 700-5.3, the plans and contract documents. Revised 6/15/17 Contract No. 6097 Page 145 of 188 Furnish and Install Red Curb Paint (Bid Item No. 34) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install Red curb paint in accordance with Greenbook Section 214-4, the plans and contract documents. Furnish and Install Blue Curb Paint (Bid Item No. 35) LF The contract unit price paid for this bid item shall constitute full compensation to furnish and install blue curb paint in accordance with Greenbook Section 214-4, the plans and contract documents. Relocate Existing Traffic Pole and Install New Foundation (Bid Item No. 36) EA The contract unit price paid for this bid item shall constitute full compensation to relocate existing pole and install new foundation in accordance with Caltrans 2018 Standard Specs Section 56-3, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. Remove 3’ of Existing Foundation (Bid Item No. 37) EA The contract unit price paid for this bid item shall constitute full compensation to remove 3’ of existing foundation in accordance with Caltrans 2018 Standard Specs Section 56-3, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. Remove and Salvage Existing Pole (Bid Item No. 38) EA The contract unit price paid for this bid item shall constitute full compensation to removal and salvage of existing pole in accordance with Caltrans 2018 Standard Specs Section 56-3, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. Furnish and Install Green 2 Coat Paint (Bid Item No. 39) SQFT The contract unit price paid for this bid item shall constitute full compensation to furnish and install Green (2 coat) paint in accordance with Greenbook Section 214-4, the plans and contract documents. Furnish and Install New Sign (Bid Item No. 40) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install new sign in accordance with Caltrans 2018 Standard Specs Section 82-2 and 82-3, the plans and contract documents. Furnish and Install Sign and Post (Bid Item No. 41) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install Roadway Sign and Post in accordance with Caltrans 2018 Standard Specs Section 82-2 and 82- 3, the plans and contract documents. Relocate Existing Sign (Bid Item No. 42) EA The contract unit price paid for this bid item shall constitute full compensation to relocate existing sign in accordance with Caltrans 2018 Standard Specs Section 82-2 and 82-3, the plans and contract documents. Revised 6/15/17 Contract No. 6097 Page 146 of 188 Furnish and Install Type 15TS Pole and Install New Foundation (Bid Item No. 43) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install Type 15TS pole and install new foundation in accordance with Caltrans 2018 Standard Specs Section 56-3, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. Furnish and Install Concrete Street Light Standard and Install New Foundation (Bid Item No. 44) EA The contract unit price paid for this bid item shall constitute full compensation to furnish and install Concrete street light standard and install new foundation in accordance with City of Carlsbad requirements. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. Remove and Dispose of Existing Foundation. Construct New Foundation (Bid Item No. 45) EA The contract unit price paid for this bid item shall constitute full compensation to remove and dispose of existing foundation and construct new foundation as indicated on the plans in accordance with the City of Carlsbad direction. Construction of new foundation shall be in accordance with Caltrans 2018 Standard Specs Section 56-3, the plans and contract documents. This includes, but is not limited to, surveying, locating utilities, connections, trenching, trench plates, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, and compacted fill. PM CQS-1hr Emulsion-Aggregate Slurry Seal Type 2 w/ 2.5% Latex (Bid Item No. 46) Ton The contract unit price paid for this bid item shall constitute full compensation to furnish and install PM CQS-1hr Emulsion-Aggregate Slurry Seal Type 2 w/ 2.5% Latex in accordance with Greenbook Section 203-5 and 302-4, the plans and contract documents. This includes, but is not limited to, surveying, mixing, testing, spreading, and application. Adjust to Grade Existing Survey Monument (Bid Item No. 47) EA The contract unit price paid for this bid item shall constitute full compensation for adjusting each existing survey monument to grade in accordance with Greenbook Section 400-2, preparation of subgrade, and all other necessary items to complete the Work as shown on the drawings and as specified in the contract documents. No additional payment will be made thereof. Construct Exposed Aggregate Finish Concrete Median (Bid Item No. 48) SF The contract unit price paid for this bid item shall constitute full compensation to furnish and install exposed aggregate finish median in accordance with the City of Carlsbad requirements, Greenbook Section 302-5, the plans and contract documents. This includes, but is not limited to, surveying, transitions, excavation, forming, base material, compaction, and sawcutting. Concrete shall match existing artisan style exposed aggregate finish. Mobilization (Bid Item No. 49) LS Mobilization shall be at the contract unit price per Lump Sum and shall include full compensation for conforming to the requirements of Section 9-3.4.1, “Mobilization and Preparatory Work,” in these Supplemental Provisions, as specified in the Standard Specifications, and as directed by the Engineer. No additional compensation shall be allowed. Revised 6/15/17 Contract No. 6097 Page 147 of 188 Traffic Control (Bid Item No. 50) LS Traffic Control shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section 7,” including development of the project traffic control plan, flagmen, warning signs, changeable message signs, temporary items, maintenance, repair, replacement, removals, all other appurtenances, as shown on the Plans, as specified in the Standard Specifications, these Supplemental Provisions, and as directed by the Engineer. No additional compensation shall be allowed. Revised 6/15/17 Contract No. 6097 Page 148 of 188 SECTION 10 – FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS 10-1 GENERAL. The work herein proposed will be financed in whole or in part with Federal or State funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal or State funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 10. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized repre- sentative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. 10-2 PERFORMANCE OF PREVIOUS CONTRACT. In addition to the provisions in Section II, "Nondiscrimination," and Section VI, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VI of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. 10-3 NON-COLLUSION PROVISION. The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. 10-4 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTING. Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273 --Revised July 5, 2022 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language I.GeneralII. Nondiscrimination III. Non-segregated FacilitiesIV. Davis-Bacon and Related Act ProvisionsV.Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal WaterPollution Control Act X.Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A.Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local AccessRoad Contracts (included in Appalachian contracts only) I.GENERAL 1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under title 23, United States Code,as required in 23 CFR 633.102(b) (excluding emergencycontracts solely intended for debris removal). The contractor (orsubcontractor) must insert this form in each subcontract andfurther require its inclusion in all lower tier subcontracts(excluding purchase orders, rental agreements and otheragreements for supplies or services). 23 CFR633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2.Subject to the applicability criteria noted in the followingsections, these contract provisions shall apply to all workperformed on the contract by the contractor's own organizationand with the assistance of workers under the contractor'simmediate superintendence and to all work performed on thecontract by piecework, station work, or by subcontract. 23 CFR633.102(d). 3.A breach of any of the stipulations contained in theseRequired Contract Provisions may be sufficient grounds forwithholding of progress payments, withholding of final payment,termination of the contract, suspension / debarment or any otheraction determined to be appropriate by the contracting agencyand FHWA. 4.Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purpose withinthe limits of a construction project on a Federal-aid highwayunless it is labor performed by convicts who are on parole,supervised release, or probation. 23 U.S.C. 114(b).The termFederal-aid highway does not include roadways functionallyclassified as local roads or rural minor collectors. 23 U.S.C.101(a). II.NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 1.Equal Employment Opportunity: Equal EmploymentOpportunity (EEO) requirements not to discriminate and to takeaffirmative action to assure equal opportunity as set forth underlaws, executive orders, rules, regulations (see 28 CFR Part 35, 29CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49CFR Part 27) and orders of the Secretary of Labor as modified bythe provisions prescribed herein, and imposed pursuant to 23 U.S.C.140, shall constitute the EEO and specific affirmative actionstandards for the contractor's project activities under this contract.The provisions of the Americans with Disabilities Act of 1990 (42U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFRPart 1630 are incorporated by reference in this contract. In theexecution of this contract, the contractor agrees to comply with thefollowing minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and theFederal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the followingstatement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2.EEO Officer: The contractor will designate and make known tothe contracting officers an EEO Officer who will have theresponsibility for and must be capable of effectively administeringand promoting an active EEO program and who must be assignedadequate authority and responsibility to do so. 3.Dissemination of Policy: All members of the contractor's staffwho are authorized to hire, supervise, promote, and dischargeemployees, or who recommend such action or are substantiallyinvolved in such action, will be made fully cognizant of and willimplement the contractor's EEO policy and contractualresponsibilities to provide EEO in each grade and classification ofemployment. To ensure that the above agreement will be met, thefollowing actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel officeemployees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be givena thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c.All personnel who are engaged in direct recruitment for theproject will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d.Notices and posters setting forth the contractor's EEO policy willbe placed in areas readily accessible to employees, applicants foremployment and potential employees. e.The contractor's EEO policy and the procedures to implementsuch policy will be brought to the attention of employees by means ofmeetings, employee handbooks, or other appropriate means. 4.Recruitment: When advertising for employees, the contractor willinclude in all advertisements for employees the notation: "An EqualOpportunity Employer." All such advertisements will be placed inpublications having a large circulation among minorities and womenin the area from which the project work force would normally bederived. a.The contractor will, unless precluded by a valid bargainingagreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreementproviding for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c.The contractor will encourage its present employees to referminorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5.Personnel Actions: Wages, working conditions, and employeebenefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,demotion, layoff, and termination, shall be taken without regard torace, color, religion, sex, sexual orientation, gender identity, nationalorigin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sitesto ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wagespaid within each classification to determine any evidence of discriminatory wage practices. c.The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of allegeddiscrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language 6.Training and Promotion: a. The contractor will assist in locating, qualifying, and increasingthe skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b.Consistent with the contractor's work force requirements and aspermissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c.The contractor will advise employees and applicants foremployment of available training programs and entrance requirements for each. d. The contractor will periodically review the training andpromotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7.Unions: If the contractor relies in whole or in part upon unions asa source of employees, the contractor will use good faith efforts toobtain the cooperation of such unions to increase opportunities forminorities and women. 23 CFR 230.409. Actions by the contractor,either directly or through a contractor's association acting as agent,will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperationwith the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEOclause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practicesand policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with areasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements forand comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonableaccommodation in all employment activities unless to do so would causean undue hardship. 9. Selection of Subcontractors, Procurement of Materials andLeasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity,national origin, age, or disability in the selection and retention ofsubcontractors, including procurement of materials and leases ofequipment. The contractor shall take all necessary and reasonable stepsto ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractorcompliance with their EEO obligations. 10.Assurance Required: a. The requirements of 49 CFR Part 26 and the State DOT’sFHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall notdiscriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1)Withholding monthly progress payments; (2)Assessing sanctions; (3)Liquidated damages; and/or (4)Disqualifying the contractor from future bidding as non-responsible. c.The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11.Records and Reports: The contractor shall keep such recordsas necessary to document compliance with the EEO requirements.Such records shall be retained for a period of three years followingthe date of the final payment to the contractor for all contract workand shall be available at reasonable times and places for inspectionby authorized representatives of the contracting agency and theFHWA. a. The records kept by the contractor shall document the following: (1)The number and work hours of minority and non-minoritygroup members and women employed in each workclassification on the project; (2)The progress and efforts being made in cooperation withunions, when applicable, to increase employment opportunitiesfor minorities and women; and (3)The progress and efforts being made in locating, hiring,training, qualifying, and upgrading minorities and women. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language b. The contractors and subcontractors will submit an annualreport to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III.NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV.DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1.Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the siteof the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall beposted at all times by the contractor and its subcontractors at the siteof the work in a prominent and accessible place where it can beeasily seen by the workers. b. (1) The contracting officer shall require that any class oflaborers or mechanics, including helpers, which is not listed inthe wage determination and which is to be employed under thecontract shall be classified in conformance with the wagedetermination. The contracting officer shall approve anadditional classification and wage rate and fringe benefitstherefore only when the following criteria have been met: (i)The work to be performed by the classification requested is not performed by a classification in the wage determination;and (ii)The classification is utilized in the area by the construction industry; and (iii)The proposed wage rate, including any bona fide fringebenefits, bears a reasonable relationship to the wage ratescontained in the wage determination. (2)If the contractor and the laborers and mechanics to beemployed in the classification (if known), or theirrepresentatives, and the contracting officer agree on theclassification and wage rate (including the amount designatedfor fringe benefits where appropriate), a report of the actiontaken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor,Washington, DC 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove everyadditional classification action within 30 days of receipt and soadvise the contracting officer or will notify the contracting officerwithin the 30-day period that additional time is necessary. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language (3)In the event the contractor, the laborers or mechanics tobe employed in the classification or their representatives,and the contracting officer do not agree on the proposedclassification and wage rate (including the amountdesignated for fringe benefits, where appropriate), thecontracting officer shall refer the questions, including theviews of all interested parties and the recommendation of thecontracting officer, to the Administrator for determination.The Administrator, or an authorized representative, will issuea determination within 30 days of receipt and so advise thecontracting officer or will notify the contracting officer withinthe 30-day period that additional time is necessary. (4)The wage rate (including fringe benefits whereappropriate) determined pursuant to paragraphs 1.b.(2) or1.b.(3) of this section, shall be paid to all workers performingwork in the classification under this contract from the firstday on which work is performed in the classification. c.Whenever the minimum wage rate prescribed in the contract fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or otherthird person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2.Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3.Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintainedby the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in whichany contract work is performed a copy of all payrolls to thecontracting agency. The payrolls submitted shall set outaccurately and completely all of the information required to bemaintained under 29 CFR 5.5(a)(3)(i), except that full socialsecurity numbers and home addresses shall not be included onweekly transmittals. Instead the payrolls shall only need toinclude an individually identifying number for each employee(e.g., the last four digits of the employee's social securitynumber). The required weekly payroll information may besubmitted in any form desired. Optional Form WH–347 isavailable for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission ofcopies of payrolls by all subcontractors. Contractors andsubcontractors shall maintain the full social security number and current address of each covered worker, and shall provide themupon request to the contracting agency for transmission to theState DOT, the FHWA or the Wage and Hour Division of theDepartment of Labor for purposes of an investigation or audit ofcompliance with prevailing wage requirements. It is not aviolation of this section for a prime contractor to require asubcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weeklysubmission to the contracting agency. (2)Each payroll submitted shall be accompanied by a“Statement of Compliance,” signed by the contractor orsubcontractor or his or her agent who pays or supervises thepayment of the persons employed under the contract and shallcertify the following: (i)That the payroll for the payroll period contains theinformation required to be provided under 29 CFR5.5(a)(3)(ii), the appropriate information is being maintainedunder 29 CFR 5.5(a)(3)(i), and that such information iscorrect and complete; (ii)That each laborer or mechanic (including each helper,apprentice, and trainee) employed on the contract during thepayroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that nodeductions have been made either directly or indirectly fromthe full wages earned, other than permissible deductions asset forth in 29 CFR part 3; August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language (iii)That each laborer or mechanic has been paid not lessthan the applicable wage rates and fringe benefits or cashequivalents for the classification of work performed, asspecified in the applicable wage determination incorporatedinto the contract. (3)The weekly submission of a properly executed certificationset forth on the reverse side of Optional Form WH–347 shallsatisfy the requirement for submission of the “Statement ofCompliance” required by paragraph 3.b.(2) of this section. (4)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminalprosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c.The contractor or subcontractor shall make the records requiredunder paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4.Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c.Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5.Compliance with Copeland Act requirements. The contractorshall comply with the requirements of 29 CFR part 3, which areincorporated by reference in this contract as provided in 29 CFR 5.5. 6.Subcontracts. The contractor or subcontractor shall insert FormFHWA-1273 in any subcontracts and also require thesubcontractors to include Form FHWA-1273 in any lower tiersubcontracts. The prime contractor shall be responsible for thecompliance by any subcontractor or lower tier subcontractor with allthe contract clauses in 29 CFR 5.5. 7.Contract termination: debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of thecontract, and for debarment as a contractor and a subcontractor asprovided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Actrequirements. All rulings and interpretations of the Davis-Baconand Related Acts contained in 29 CFR parts 1, 3, and 5 are hereinincorporated by reference in this contract as provided in 29 CFR 5.5. 9.Disputes concerning labor standards. As provided in 29 CFR5.5, disputes arising out of the labor standards provisions of thiscontract shall not be subject to the general disputes clause of thiscontract. Such disputes shall be resolved in accordance with theprocedures of the Department of Labor set forth in 29 CFR parts 5,6, and 7. Disputes within the meaning of this clause include disputesbetween the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employeesor their representatives. 10.Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies thatneither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person orfirm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c.The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001. V.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1.Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may require orinvolve the employment of laborers or mechanics shall require orpermit any such laborer or mechanic in any workweek in which he orshe is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation ata rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of thissection, the contractor and any subcontractor responsible thereforshall be liable for the unpaid wages. In addition, such contractor andsubcontractor shall be liable to the United States (in the case of workdone under contract for the District of Columbia or a territory, to suchDistrict or to such territory), for liquidated damages. Such liquidateddamages shall be computed with respect to each individual laborer ormechanic, including watchmen and guards, employed in violation ofthe clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which suchindividual was required or permitted to work in excess of the standardworkweek of forty hours without payment of the overtime wagesrequired by the clause set forth in paragraph 1 of this section. 29 CFR5.5. *$27 as of January 23, 2019 (See 84 FR 213-01, 218) as may beadjusted annually by the Department of Labor; pursuant to theFederal Civil Penalties Inflation Adjustment Act of 1990). 3.Withholding for unpaid wages and liquidated damages. TheFHWA or the contacting agency shall upon its own action or uponwritten request of an authorized representative of the Department ofLabor withhold or cause to be withheld, from any moneys payable onaccount of work performed by the contractor or subcontractor underany such contract or any other Federal contract with the same primecontractor, or any other federally-assisted contract subject to theContract Work Hours and Safety Standards Act, which is held by thesame prime contractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractor or subcontractorfor unpaid wages and liquidated damages as provided in the clauseset forth in paragraph 2 of this section. 29 CFR 5.5. 4.Subcontracts. The contractor or subcontractor shall insert in anysubcontracts the clauses set forth in paragraphs 1 through 4 of thissection and also a clause requiring the subcontractors to includethese clauses in any lower tier subcontracts. The prime contractorshall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs 1 through 4 ofthis section. 29 CFR 5.5. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language VI.SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1.The contractor shall perform with its own organization contractwork amounting to not less than 30 percent (or a greater percentageif specified elsewhere in the contract) of the total original contractprice, excluding any specialty items designated by the contractingagency. Specialty items may be performed by subcontract and theamount of any such specialty items performed may be deductedfrom the total original contract price before computing the amount ofwork required to be performed by the contractor's own organization(23 CFR 635.116). a. The term “perform work with its own organization” in paragraph1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1)the prime contractor maintains control over the supervision ofthe day-to-day activities of the leased employees; (2)the prime contractor remains responsible for the quality of the work of the leased employees; (3)the prime contractor retains all power to accept or excludeindividual employees from work on the project; and (4)the prime contractor remains ultimately responsible for thepayment of predetermined minimum wages, the submission ofpayrolls, statements of compliance and all other Federalregulatory requirements. b."Specialty Items" shall be construed to be limited to work thatrequires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2.Pursuant to 23 CFR 635.116(a), the contract amount upon whichthe requirements set forth in paragraph (1) of Section VI iscomputed includes the cost of material and manufactured productswhich are to be purchased or produced by the contractor under thecontract provisions. 3.Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) acompetent superintendent or supervisor who is employed by thefirm, has full authority to direct performance of the work inaccordance with the contract requirements, and is in charge of allconstruction operations (regardless of who performs the work) and(b)such other of its own organizational resources (supervision,management, and engineering services) as the contracting officerdetermines is necessary to assure the performance of the contract. 4.No portion of the contract shall be sublet, assigned or otherwisedisposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not beconstrued to relieve the contractor of any responsibility for the fulfillmentof the contract. Written consent will be given only after the contractingagency has assured that each subcontract is evidenced in writing andthat it contains all pertinent provisions and requirements of the primecontract. (based on long-standing interpretation of 23 CFR 635.116). 5.The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agenciesmay establish their own self-performance requirements. 23 CFR635.116(d). VII.SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1.In the performance of this contract the contractor shall comply withall applicable Federal, State, and local laws governing safety, health,and sanitation (23 CFR Part 635). The contractor shall provide allsafeguards, safety devices and protective equipment and take anyother needed actions as it determines, or as the contracting officermay determine, to be reasonably necessary to protect the life andhealth of employees on the job and the safety of the public and toprotect property in connection with the performance of the workcovered by the contract. 23 CFR 635.108. 2.It is a condition of this contract, and shall be made a condition ofeach subcontract, which the contractor enters into pursuant to thiscontract, that the contractor and any subcontractor shall not permitany employee, in performance of the contract, to work in surroundingsor under conditions which are unsanitary, hazardous or dangerous tohis/her health or safety, as determined under construction safety andhealth standards (29 CFR Part 1926) promulgated by the Secretary ofLabor, in accordance with Section 107 of the Contract Work Hoursand Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract that theSecretary of Labor or authorized representative thereof, shall haveright of entry to any site of contract performance to inspect orinvestigate the matter of compliance with the construction safety andhealth standards and to carry out the duties of the Secretary underSection 107 of the Contract Work Hours and Safety Standards Act (40U.S.C. 3704). VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635)in one or more places where it is readily available to all personsconcerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X.CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1.Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective firsttier participant is providing the certification set out below. b. The inability of a person to provide the certification set outbelow will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c.The certification in this clause is a material representation of factupon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate writtennotice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended,""ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f.The prospective first tier participant agrees by submitting thisproposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting thisproposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certificationof a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i.Nothing contained in the foregoing shall be construed to require theestablishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language j.Except for transactions authorized under paragraph (f) of theseinstructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * 2.Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of itsknowledge and belief, that it and its principals: (1)Are not presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded fromparticipating in covered transactions by any Federal departmentor agency, 2 CFR 180.335;. (2)Have not within a three-year period preceding this proposalbeen convicted of or had a civil judgment rendered against themfor commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a public (Federal,State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destructionof records, making false statements, or receiving stolen property,2 CFR 180.800; (3)Are not presently indicted for or otherwise criminally or civillycharged by a governmental entity (Federal, State or local) withcommission of any of the offenses enumerated in paragraph(a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4)Have not within a three-year period preceding thisapplication/proposal had one or more public transactions(Federal, State or local) terminated for cause or default. 2 CFR180.335(d). (5)Are not a corporation that has been convicted of a felonyviolation under any Federal law within the two-year periodpreceding this proposal (USDOT Order 4200.6 implementingappropriations act requirements); and (6)Are not a corporation with any unpaid Federal tax liability thathas been assessed, for which all judicial and administrativeremedies have been exhausted, or have lapsed, and that is notbeing paid in a timely manner pursuant to an agreement with theauthority responsible for collecting the tax liability (USDOT Order4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any ofthe statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3.Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more -2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediatewritten notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended,""ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting thisproposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f.The prospective lower tier participant further agrees bysubmitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon acertification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to requireestablishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. August 2022 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language i.Except for transactions authorized under paragraph e of theseinstructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. ** * * * Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission ofthis proposal, that neither it nor its principals: (a)is presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participating incovered transactions by any Federal department or agency, 2CFR 180.355; (b)is a corporation that has been convicted of a felony violationunder any Federal law within the two-year period preceding thisproposal (USDOT Order 4200.6 implementing appropriations actrequirements); and (c)is a corporation with any unpaid Federal tax liability that hasbeen assessed, for which all judicial and administrative remedieshave been exhausted, or have lapsed, and that is not being paidin a timely manner pursuant to an agreement with the authorityresponsible for collecting the tax liability. (USDOT Order 4200.6implementing appropriations act requirements) 2.Where the prospective lower tier participant is unable to certify toany of the statements in this certification, such prospectiveparticipant should attach an explanation to this proposal. ** * * * XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDSFOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1.The prospective participant certifies, by signing and submitting thisbid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, byor on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2.This certification is a material representation of fact upon whichreliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civilpenalty of not less than $10,000 and not more than $100,000 foreach such failure. 3.The prospective participant also agrees by submitting its bid orproposal that the participant shall require that the language of thiscertification be included in all lower tier subcontracts, which exceed$100,000 and that all such recipients shall certify and discloseaccordingly. XII.USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1.To utilize privately owned United States-flag commercial vesselsto ship at least 50 percent of the gross tonnage (computedseparately for dry bulk carriers, dry cargo liners, and tankers)involved, whenever shipping any equipment, material, orcommodities pursuant to this contract, to the extent such vessels areavailable at fair and reasonable rates for United States-flagcommercial vessels. 46 CFR 381.7. 2.To furnish within 20 days following the date of loading forshipments originating within the United States or within 30 workingdays following the date of loading for shipments originating outsidethe United States, a legible copy of a rated, ‘on-board’ commercialocean bill-of-lading in English for each shipment of cargo describedin paragraph (b)(1) of this section to both the Contracting Officer(through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARADrequires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading maycontain business sensitive information and therefore may besubmitted directly to MARAD by the Ocean TransportationIntermediary on behalf of the contractor). 46 CFR 381.7. August 2022 Revised 6/15/17 Contract No. 6097 Page 149 of 188 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS. 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum __________________ _____________________ Operating Operating Sieve Sizes Range Range 2" ................................. 100 — 11/2" ............................ 90-100 — 1" ................................. — 100 3/4" .............................. 50-85 90-100 No. 4 ............................ 25-45 35-60 No. 30 ........................... 10-25 10-30 No. 200 ........................ 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction Revised 6/15/17 Contract No. 6097 Page 150 of 188 of the Engineer that the next material to be used in the work will comply with the requirements specified for “Operating Range.” If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Contract Compliance,” the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE. TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Class Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1) (2) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8”) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) 100 (4”) Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4”) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201- 1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 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 or 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. Revised 6/15/17 Contract No. 6097 Page 151 of 188 Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type “A” as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type “D” Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201-3.7(A). Revised 6/15/17 Contract No. 6097 Page 152 of 188 TABLE 201-3.7(A) SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. Add the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10 or Type III C2-PG64-10 for surface course, and B2-PG64-10 or Type III B2- PG64-10 for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E- PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values Property Measuring Standard (ASTM Designation) Results Conditions Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C Softening Point, ASTM D 36 82 °C, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, °C ASTM D 92 288 °C, min. Viscosity, Brookfield Thermosel, ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20 rpm, 190°C, Revised 6/15/17 Contract No. 6097 Page 153 of 188 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. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. Contractor shall provide specifications of materials for proposed installation and relocation of poles. Proposed materials shall be similar to the existing pole material (metals) to minimize rusting. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer’s identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with Revised 6/15/17 Contract No. 6097 Page 154 of 188 a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 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 Revised 6/15/17 Contract No. 6097 Page 155 of 188 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 sign posts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-7.3 Portable Changeable Message Sign (PCMS). Add the following section: 206-7.3.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) 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 As part of the bid item “Traffic Control,” at least one PCMS will be required in each direction of travel affected by the work on Carlsbad Boulevard. The traffic control plans shall clearly show the Revised 6/15/17 Contract No. 6097 Page 156 of 188 PCMS’ locations. The PCMS shall warn motorists of the work one (1) week prior to start of the work and for the entire duration of the work. Add the following section: 206-7.3.2 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 clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-7.3.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-7.3.4 Measurement and Payment. The cost for PCMS shall be included in the bid item Traffic Control and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: Revised 6/15/17 Contract No. 6097 Page 157 of 188 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16”) holes on 25 mm (1”) centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16” in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8” in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside mm Dimensions (inches) Outside Tolerance for mm All Sides at Corners (inches) 25 x 25 (1 x 1) 0.13 0.005 32 x 32 (11/4 x 11/4) 0.15 0.006 38 x 38 (11/2 x 11/2) 0.15 0.006 44 x 44 (13/4 x 13/4) 0.20 0.008 51 x 51 (2 x 2) 0.20 0.008 56 x 56 (23/16 x 23/16) 0.25 0.010 57 x 57 (21/4 x 21/4) 0.25 0.010 64 x 64 (21/2 x 21/2) 0.25 0.010 51 x 76 (2 x 3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside mm Dimension (Inches) Squar mm eness(1) (Inches) Twist Permissible mm(2) in 900 mm (3”) (Inches)(2) 25 x 25 (1 x 1) 0.15 0.006 1.3 0.050 32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050 38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050 44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062 51 x 51 (2 x 2) 0.30 0.012 1.6 0.062 56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062 57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062 64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075 51 x 76 (2 x 3) 0.46 0.018 1.9 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. Revised 6/15/17 Contract No. 6097 Page 158 of 188 (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diameter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type III. Add the following section: 206-9.5 Relocation. All metal to metal connections shall be same material to reduce corrosion. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, “Signals, Lighting and Electrical Systems”, of the Caltrans Standard Specifications replaces Section 209, “Electrical Components”, and Section 307, “Street Lighting and Traffic Signals”, of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. SECTION 86 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 86-2 MATERIALS AND INSTALLATION Replace Section 86-2.02 with the following: 86-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, “Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Resurfacing”, improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor’s operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. The new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete reconstructed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2”) with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. Replace Section 86-2.05B with the following: 86-2.05B Use. Exposed conduit installed on a painted structure shall be painted the same color as the structure. Unless otherwise indicated, the minimum metric trade size of conduit shall be: 1) From an electrolier to the adjacent pull box shall be Size 41 (11/2” dia). 2) From a pedestrian push button post to the adjacent pull box shall be Size 27 (1” dia). Revised 6/15/17 Contract No. 6097 Page 159 of 188 3) From a signal standard to the adjacent pull box shall be Size 53 (2” dia). 4) From a controller cabinet to the adjacent pull box shall be Size 78 (3” dia). 5) For detector runs shall be Size 78 (3” dia). 6) Not otherwise specified shall be Size 78 (3” dia). Add the following: 86-2.08 Conductors. Signal cable shall be used for all new traffic signal installations. Individual conductors shall not be used. Add the following: 86-2.09B Installation. All conductors shall be pulled directly from the spool into the conduit and shall not be dragged on the ground as to cause damage to the conductors. 86-3 CONTROLLER ASSEMBLIES Add the following: 86-3.04A Cabinet Construction. Controller cabinet shall be small aluminum cabinet, 12V- AC power supply- no louvers or non-waterproof vents, with powder coating per enclosure. Add the following: 86-4.09 Flashing Beacons. Reflective sheeting for W3-3 SIGNAL AHEAD signs, mounted on flashing beacons, shall be Type XI prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). Add the following section: 86-5.02 Controller. The controller cabinet must be a MK10 (24” X 16” X 8”) controller for RRFB and beacons systems without radio (RF), for use with lead acid battery. All RRFB connect to the MK10 controller RRFB terminals, preceding the Lanelight driver. Add the following section: 86-5.03 Rectangular Rapid Flashing Beacon and Illuminated In-Road Markers System. The Rectangular Rapid Flashing Beacon (RRFB) system shall have the following components: MK10 Controller for RRFB and beacons systems without radio ( RF ), for use with lead acid battery, MK10 for Lanelight XW Systems- LaneLight Driver, 24” X 16” X 8” Aluminum Cabinet, 12V - AC power supply- no louvers or non-waterproof vents, Lanelight XW, 10 Uni Directional Lights w/ complete installation material for conduit in asphalt, includes conduit for IRWLS only, less tees, and Drivers for each Light Bar. No additional payment will be made thereof. MK10 (24” X 16” X 8”) controller cabinet shall be for RRFB and beacons systems and illuminated in road markers. 86-6 LIGHTING. Replace Section 86-6.01 with the following: 86-6.01 Luminaires for Street Lighting. Luminaires for street lighting shall be cobra type GE model ERL2-0-16-C3-40-D-GRAY-L or approved equal. Replace Section 86-6.02 with the following: 86-6.02 Luminaires for Safety Lighting. Luminaires for street lighting shall be cobra type GE model ERL2-0-16-C3-40-D-GRAY-L or approved equal. or approved equal. Revised 6/15/17 Contract No. 6097 Page 160 of 188 SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-Treatment / Surface Preparation Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appearance None Two coats white Acrylic Emulsion Paint (1) (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using “universal” or “all purpose” concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Green traffic paint shall be EF Series WB GRN Fast Dry 1952f 1/2 , Produce code 183. Product color green (34108) by EnnisFlint or approved equal paint to meet Federal Spec TT-P-1952F Type I & II. Contractor shall provide color sample for approval prior to installation. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fabrication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Revised 6/15/17 Contract No. 6097 Page 161 of 188 Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1(A) TABLE 213-2.1(A) GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6”) Wire and 3 m (10’) Post Spacing 90WS Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencing 200WS Revised 6/15/17 Contract No. 6097 Page 162 of 188 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 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 (3/4“) crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or equal thereto. TABLE 214-5.1(A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Manufacturer of Distributor TOM- Temporary Overlay Markers Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, WA 98424, (877) 335-4638 Add the following section: 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 800-537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 800-648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 800-854-3360 Revised 6/15/17 Contract No. 6097 Page 163 of 188 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Revised 6/15/17 Contract No. 6097 Page 164 of 188 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, 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. 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 locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-13 STORM WATER POLLUTION PREVENTION PLAN. Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the “Greenbook” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction (“Handbook”), the requirements of the Permit, the requirements in the plans and these supplemental provisions. Revised 6/15/17 Contract No. 6097 Page 165 of 188 300-13.1.1 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any Revised 6/15/17 Contract No. 6097 Page 166 of 188 condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The Contractor shall review the template and modify it as necessary to reflect the Contractor’s operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefor. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the “Handbook” and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. Revised 6/15/17 Contract No. 6097 Page 167 of 188 The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor’s cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the “Handbook” shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. Revised 6/15/17 Contract No. 6097 Page 168 of 188 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-1 NOT USED. Replace with the following: 302-1 EMULSION-AGGREGATE SLURRY (EAS) Add the following section: 302-1.1 General. The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300- 1 Clearing and Grubbing – so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treatment of the areas to be surfaced and no extra payment will be made therefor. Add the following section: 302-1.2 Roadway Surface Preparations. The road to be slurry sealed shall be swept clean of debris and dust no more than 30 minutes prior to application of the 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 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. Before applying and during the application of slurry seals, drainage inlets, manholes, valve and monument covers, grates, and other exposed facilities located within the area of application shall be covered using plastic or oil resistant construction paper secured by tape or adhesive to the facility being covered. The covered facilities shall be referenced with enough control points to relocate the facilities after application of the slurry seals. Add the following: 302-1.3 Application and Site Conditions Slurry seal shall only be placed if existing pavement surface is dry and both the pavement and ambient temperatures are at least 36°F within 24 hours after placement. Application of the slurry seal shall be only during daylight hours and be completed at least 2 hours before sunset unless otherwise approved by the Engineer. Revised 6/15/17 Contract No. 6097 Page 169 of 188 When precipitation is forecasted during the application and curing period slurry seal activities shall not be started. 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 slurry 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 slurry seal operation will be adjusted for the actual environmental conditions. Slurry seal shall be allowed to cure undisturbed for at least 2 hours. Slurry sealed streets shall be protected from damage until it has set and will not adhere or be picked up by vehicle tires. Slurry seal must not exhibit distress from traffic such as bleeding, raveling, separation or other distresses. Add the following section: 302-1.4 Maintenance The slurry sealed streets shall be swept 24 hours after placement without damaging the slurry seal. For 3 consecutive days afterwards, the streets received slurry seal shall be swept daily using a self-loading motor sweeper with spray nozzles unless determined otherwise by the Engineer. One week later, the Contractor shall sweep the slurry sealed streets once per week for two weeks. The Engineer has the authority to require more sweeping than specified herein. All sweeping costs shall be included in the Contractor’s bid. The slurry seal must not show bleeding, raveling, separation, or other distresses for 15 days after placing. If bleeding, raveling, delaminating, rutting, or wash-boarding occurs after placing the slurry seal or fog seal make repairs using an authorized method. Slurry sealed or fog sealed streets shall be protected from damage until it has set and will not adhere or be picked up by vehicle tires. Slurry seal must not exhibit distress from traffic such as bleeding, raveling, separation or other distresses. 302-1.5 Submittal. Add the following: At least 15 days before starting placement of a slurry seal, the following shall be submitted to the Engineer: 1. Samples for: 1.1. Emulsified asphalt slurry seal, two 1-quart wide mouth plastic containers with screw top lid of emulsified asphalt 1.2 Polymer modified emulsified asphalt slurry seal, two 1-quart wide mouth plastic containers with screw top lid of polymer modified emulsified asphalt 2. Emulsified asphalt, polymer modified emulsified asphalt data as follows: 2.1. Supplier and Type/Grade of emulsified asphalt 2.2. Type of modifier polymer for polymer modified emulsified asphalt 2.3. Copy of the specified test results for emulsified asphalt, polymer modified emulsified asphalt 3. 50 lb of aggregate 4. Aggregate test results for the followings: 4.1. Gradation 4.2. Los Angeles Rattler 4.3. Percent of crushed particles Revised 6/15/17 Contract No. 6097 Page 170 of 188 4.4 Sand equivalent 4.5 Durability At least 10 days before starting placement of a slurry seal, a laboratory report of test results and the proposed mix design shall be submitted to the Engineer from an authorized laboratory. The authorized laboratory must sign the laboratory report and mix design. The report must include: 1. Test results used in the mix design compared with specification requirements 2. Proportions based on the dry weight of aggregate, including ranges, for: 2.1. Aggregate 2.2. Water 2.3. Additives 2.4. Mineral filler 2.5. Slurry seal emulsion residual asphalt content 3. Quantitative moisture effects on the aggregate's unit weight determined under ASTM C29M If any of the materials in the mix design is changed, a new mix design and laboratory report shall be submitted to the Engineer at least 10 days before starting slurry seal work. A certificate of compliance as specified for emulsified asphalt in section 203-3.1with each shipment of emulsified asphalt or polymer modified emulsified asphalt shall be submitted to the Engineer. Add the following section: 302-1.5 Quality Control. Add the following: 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 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. An authorized laboratory must perform sampling and testing. 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 and slurry seal materials are 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. Revised 6/15/17 Contract No. 6097 Page 171 of 188 Immediately after sampling, two 1-quart wide mouth plastic containers of emulsified asphalt or polymer modified emulsified asphalt taken in the presence of the Engineer shall be submitted to the Engineer. Samples must be submitted in insulated shipping containers Add the following section: 302-1.6 Documentation. The Engineer shall be provided with a daily report including the following information: 1. Project number, route/road, Engineer 2. Date, air temperature, pavement temperature, humidity 3. Asphalt emulsion temperature 4. Beginning and ending stations 5. Job Mix Formula (JMF): application and dilution rates (emulsified asphalt) 6. Length, width, total square yards 7. Contractor's signature The contractor shall provide proof of calibration of the slurry seal distributor. Calibration shall be conducted no earlier than five days prior to operations. The contractor shall submit the results of the calibration procedure to the Engineer. Add the following: 302-1.7 Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. The Contractor shall accommodate mail delivery to residences and businesses during the work. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be the contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. During resurfacing operations, the Contractor’s schedule shall be designed to provide residents and business owners sufficient paved parking within a 900 feet distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the 72-hour advance notification door hangar 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 hours number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be Revised 6/15/17 Contract No. 6097 Page 172 of 188 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 use the sample door hangar provided by the city and submit door hangars to the Inspector for approval. Notices shall not be distributed until approved by the Inspector. 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 ½ inches by 8 ½ inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65lb card stock. The printing on the notice shall be no smaller than 12 points. The door hangars shall show the street name, date, time, phone numbers, and appropriate information specific to the work inserted. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for “Public Notification of Work” and the Contractor will not be entitled to any additional compensation for work outlined in this section. (Name of Contractor) (Address of Contractor) (Contractor’s License Number) (Date) As part of the City of Carlsbad’s ongoing program to maintain our roadways, streets in your neighborhood are scheduled for resurfacing in the coming weeks. The resurfacing work will require traffic control to be put in place in those areas. The work will take place between the hours of 8:30 a.m. and approximately 3:30 p.m., or until the traffic control devices are removed. Residents located on the streets scheduled for resurfacing will be notified 72 hours in advance of the work. You will also notice temporary “no parking” signs on your street with a specific “no parking” date written on it. PLEASE NOTE: weather conditions and other factors outside our control can sometimes cause work to be rescheduled at the last minute. If this happens, we will notify you as soon as possible of the new date. To prepare for this road work, we are asking neighbors to help. Here’s how: • Park your car outside the area of work unless you plan to leave before 8 a.m. the morning the work starts. Watch for “no parking” signs. • Park your car in your driveway or garage (off the street) if you aren’t going to need it between 8:30 a.m. and 3:30 p.m. • Avoid walking, biking and skateboarding on new roads until construction signs are removed. • Please keep kids and pets off the new roadway on the day of the resurfacing. • Do not walk on the newly resurfaced street or you may get black residue on the bottom of your shoes. The residue may damage or mark surfaces and be very difficult to remove. • Please try to keep the work area and new road dry until construction signs are removed. Monitor sprinklers, hoses and other water sources around your home. DBE- 6/12/18 Contract No. 6097 Page 173 of 188 • Please note that mail could be delayed on the day of the resurfacing if your postal carrier cannot reach your mailbox. • Work will be coordinated with trash pick-up. • If you have a special concern or need reasonable accommodations, please call the City of Carlsbad at 760-602-2780. (Contractor Name) will be performing the resurfacing work for the city. You may call a contractor representative at (XXX) XXX-XXXX for more information about the project and to answer questions. For a map of all streets scheduled for resurfacing throughout the city, please visit the city website at www.carlsbadca.gov, click on City Services> Streets and Traffic> Maintenance> Street Resurfacing. The City of Carlsbad has some of the most well-maintained streets in the region thanks to the cooperation of community members like you. We appreciate your patience and understanding, and we will do everything we can to get this work done quickly and efficiently. 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 receive asphalt concrete paving in accordance with the City’s Integrated Pest Management (IPM) plan. The document can be found on the City’s website at the following link: http://www.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=37800. Allowance for the vegetation treatment period shall be shown in the schedule required per section 6-1. 302-5.2 Pavement Transitions. Add the following: 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 306-13.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5.5 m (18’) 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 machine during all paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowed. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the haul trucks and then place it in the self-propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion. 302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Add the following section: DBE- 6/12/18 Contract No. 6097 Page 174 of 188 302-5.8 Manholes and Valve Boxes (and other structures). The Contractor must locate and record locations of all appurtenances in the roadway including, but not limited to, manholes, access holes, valve boxes, blow-offs, air releases, sewer cleanouts, and survey monument boxes. Prior to grinding or paving adjacent to any structure, Contractor shall install plywood shelves or umbrella devices in order to prevent debris from falling into structures. Prior to placing the overlay, the Contractor shall install rubber nipples/risers on top of all appurtenances in the roadway and pave over the rubber nipples/risers. Each manhole cover shall be treated or covered to prevent adhesion of the overlay. Each City-owned manhole and cleanout shall be located and raised to grade within 72 hours after the overlay is placed and shall be thoroughly cleaned of any construction debris which may have entered due to the Contractor’s operation. Each valve box shall be replaced per CMWD Standard Drawing No. W-13. Each 2” Blow-off/Manual Air Release box shall be replaced per CMWD Standard Drawing W-6. The contractor shall be responsible for matching the finish grades of the new pavement to match the existing manholes, as to create a smooth finish surface, and not have any abrupt changes in or around the manholes. In the event of any damage to existing manholes during construction activities, the contractor shall replace them at the contractor’s expense, and no extra payment shall be made to the contractor. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or in conflict with the proposed improvements, the contractor shall coordinate with the proper agency contact. For Leucadia Wastewater District, contact Ian Riffel at 760-753-0155 ext.3002. For Olivenhain Municipal Water District, contact Dan Bean at 760-415-8548. For all non-City owned appurtenances, manholes, valve boxes, or other structures in the roadway or within the project limits, if the contractor and the owner of the non-City owned utilities mutually agree to contract with one another to adjust or replace the appurtenances, the contractor shall extend them the same bid prices as offered in this contract, with up to 10% markup only. Survey monument boxes shall be replaced and adjusted to grade per SDRSD M-10. Riser rings or extensions shall not be used for the adjustment of City-owned appurtenances. Replacing and adjusting to grade all City-owned 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, including traffic control and prevention from debris falling into structures. Other Agencies may adjust their own appurtenances or other Agencies may contract with a third party to raise their appurtenances. 302-5.9 Measurement and Payment. Add the following: Payment for asphalt concrete placed and compacted shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, material transfer vehicle, compaction, traffic control, or other incidentals. Add the following section: 302-15 ASPHALT PAVEMENT REPAIRS AND REMEDIATION 302-15.1 General. Damage to existing traffic loops caused by pavement repairs or cold milling will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or geo-textile is encountered during any pavement DBE- 6/12/18 Contract No. 6097 Page 175 of 188 repairs or cold milling, the Contractor shall remove and dispose of it at the Contractor’s expense. The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding). 302-15.2 Two Inch Depth AC Cold Mill and Replace. The area set forth in the bid items is for estimating purposes only and the final quantities will be as measured in the field by the City Inspector. The Inspector will designate and mark the final limits of the remove and replace areas in the field by outlining the area to be patched with paint. The Contractor shall remove the asphalt concrete in the designated area to the depth required per the requirements of Section 404 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the AC at the Contractor’s expense. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the area with asphalt concrete and compact so that the finished surface of the new AC is flush with the surrounding pavement. The Contractor is required to use a self-propelled paving machine for areas 6 feet wide and wider. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. 302-15.3 AC Cold Milling and Disposal of Grindings. Cold Milling or grinding shall be in accordance with the provisions of Section 404 of the Greenbook, latest edition. The Contractor shall cold mill or diamond grind the existing AC to the width and depth as shown on the plans. In the field, the Engineer may change the width and depth of the cold milling at his discretion. If the Contractor’s cold milling severs any traffic detection loops, the Contractor shall replace them immediately at the Contractor’s expense. Existing advance traffic signal loop detectors shall be replaced by the Contractor and paid for per the bid item Traffic Signal Detector Loops, even when video detection has been installed at the intersection. Contractor shall install Type E Loop Detector per Caltrans Revised Standard Plan RSP ES-5B. Contractor shall construct temporary AC ramps at the cold-milled edges parallel and perpendicular to the direction of travel. Payment for construction, removal, and disposal of temporary asphalt concrete ramps shall be included in the bid item for cold milling. As shown on the plans, some cold milling may require tapering of milled thickness. If and when the Contractor encounters pavement fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement fabric or petromat. The cost of removing and disposing pavement fabric or petromat shall be included in the Contractor’s bid price for cold milling and no additional payment will be made therefor. 302-15.4 Crack Sealing. All joints and cracks equal or >1/4” wide shall be cleaned to a minimum depth of 1” (25 mm) with high pressure air jet. No sealant material shall be placed until the joints and cracks have been cleaned of all loose dirt, old material, and are sufficiently dry. Both side walls of the cracks and joints must be free of dust and debris to assure optimum sealant adhesion. The joints and cracks shall be inspected and approved by the Inspector prior to placing the crack sealant material. Final joint and crack cleaning will be the same day of the sealing operation except as otherwise approved by the Inspector. The Contractor shall dispose of debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed manufacturer’s recommendations. Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 50°F. Containers of hot-melt rubberized sealant shall be delivered to DBE- 6/12/18 Contract No. 6097 Page 176 of 188 the job-site in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Crack sealant shall be allowed to cure for 7 days prior to street resurfacing. 302-15.5 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items are for estimating purposes only. Final quantities will be as designated and measured in the field. The Engineer will designate and mark the limits of the repairs. Full compensation for conforming to the requirements of constructing pavement repairs shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate section, including saw cutting and removing and disposing of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental to the pavement repairs shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. The bid price for cold milling shall include removing and disposing of pavement fabric or geo- textile when encountered. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES. 303-5.10 Curb Ramp Construction. 303-5.10 Installation. The curb ramp work will conform to the requirements of Section 303‐5 of the Green Book as modified herein. The work will consist of the following: a) The Contractor shall be solely responsible for means and methods for laying out and verifying all proposed curb ramps’ and appurtenances’ grades, including all associated sidewalks, curbs, and gutter plates, in accordance with the standard drawings and as indicated in the construction documents. The final grades for all constructed curb ramps and appurtenances shall not exceed maximum grades indicated in the standard drawings and the construction documents. There shall be no construction tolerances allowed. Any curb ramps or appurtenances constructed in excess of maximum grades as indicated in the aforementioned documents shall be removed and replaced at the Contractor’s sole expense. Removal or AC pavement disposal of existing concrete including curb and gutter or portion of spandrel as occurs, and sidewalk necessary to construct the ramp shall be made as straight edges and by the full depth saw cutting only. Removal limits shall be agreed to in writing prior to the saw cutting operation for each ramp location. DBE- 6/12/18 Contract No. 6097 Page 177 of 188 b) The pedestrian ramps locations and types are shown on the plans. Details for saw cutting existing cross gutter spandrels and replacement of existing AC pavement are shown on the plans. 303-5.10.2 Payment. Payment for construction of curb ramps will be made at the contract unit price per each, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in providing and constructing the curb ramps including removal of and construction of curb, curb and gutter, cross gutter spandrel, alley apron, AC pavement and sidewalk, removal of existing ramps and sidewalk associated with ramp construction, and construction of curb, gutter and sidewalks in place, as necessary to achieve ADA compliant grades (regardless of replacement limits shown on plans), construction staking of curb ramps, removal and reconstruction of adjacent improvements including but not limited to private hardscape improvements and landscaping/irrigation improvements, repainting of new curb to match painting of existing curb, if any, prior to ramp construction, and joining work to tie proposed ramp into the adjacent existing PCC (doweling, epoxy, etc.) as shown on plans, complete in place as specified in the special provisions and as directed by the Engineer. The payment for curb ramps shall include the detectable warning strip. Payment for construction of curb ramps shall include full compensation for furnishing all labor, materials, tools, equipment, including but not limited to; saw cutting, removal & disposal of materials, compaction, adjacent asphalt paving and all related incidentals required to complete the work in place. Add the following section: 303-9 TRENCH DRAIN/ CURB CHANNEL CONSTRUCTION. 303-9.1 General. Trench Drain/ Curb channel work will conform to Section 303-5 of the Green Book and shall be constructed as shown in the plans. The trench drain shall be graded to achieve positive drainage and ensure no water collects within the trench drain area. Steel grating shall be ADA compliant and installed in accordance with manufacturer’s recommendation and City Engineer’s approval. 303-9.2 Payment. Payment for Trench Drain/Curb Channel construction in accordance with these specifications shall be at the contract unit price for Curb Channel and Metal Grate in the bid schedule. Payment shall include all labor, equipment, and material costs and no additional compensation will be made therefor. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS. Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All DBE- 6/12/18 Contract No. 6097 Page 178 of 188 conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100] X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) latest version as amended by the MUTCD, latest version,California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) latest version as amended by the MUTCD, latest version, California Supplement. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50’) up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: DBE- 6/12/18 Contract No. 6097 Page 179 of 188 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2- 5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a workday, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6”) of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12” x ¾”) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. DBE- 6/12/18 Contract No. 6097 Page 180 of 188 Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) Minimum Plate Thickness 0.3 m (10”) 13 mm (1/2”) 0.6 m (23”) 19 mm (3/4”) 0.8 m (31”) 22 mm (7/8”) 1.0 m (41”) 25 mm (1”) 1.6 m (63”) 32 mm (1 ¼”) (1) For spans greater than 1.6 m (5’), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. Add the following: The Contractor shall place electrical conduit per SDG&E plans, Construction Order No. xxx, Project No. xxx. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. Add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9” x 3”) above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. DBE- 6/12/18 Contract No. 6097 Page 181 of 188 306-1.3.4 Compaction Requirements. Delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. Add the following: Payment for utilities undergrounding which includes the utility trench for SDG&E and conduit for SDG&E’s electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. The Contractor will furnish and install 6.4 mm (¼”) nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS. 307 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, “Signals, Lighting and Electrical Systems”, of the Caltrans Standard Specifications replaces Section 209, “Electrical Components”, and Section 307, “Street Lighting and Traffic Signals”, of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. 307-1 GENERAL. Street lighting shall conform to the most current version of the Caltrans Standard Specifications and Standard Plans, and the City of Carlsbad Standard Special Provisions for Construction. City of Carlsbad street lighting design standards apply to both private and public streets and is intended for all new development and re-development projects within the City of Carlsbad. DBE- 6/12/18 Contract No. 6097 Page 182 of 188 307-2 LUMINAIRES. a. Luminaires shall be LED and cobra head style. In areas with decorative street lighting (e.g., the Mission Bell style along El Camino Real), a decorative fixture with the same lighting characteristics as defined in this section and Table B shall be used. The designer shall obtain approval from the City of Carlsbad on the decorative fixture to be used. b. Luminaires shall be Type III Distribution as defined by the Illuminating Engineering Society of North America (IESNA). c. Luminaires shall be full-cutoff so that light is not projected above the horizontal plane of the fixture. External shields or reflectors are not allowed. d. Luminaires on non-local residential streets shall have a maximum Correlated Color Temperature (CCT) of 4000K. e. Luminaires on local residential streets shall have a maximum CCT of 3000K. f. Luminaires shall have an ANSI C136.41 compliant NEMA 7 pin receptacle for use with photo controls and smart lighting applications. 307-3 STREET LIGHT STANDARD. 1) Street light poles shall be round, pre-stressed concrete utilizing an anchor base. The surface treatment shall be exposed concrete aggregate with a graffiti-resistant coating. 2) Street light foundations shall be in accordance with San Diego Regional Standard Drawing (SDRSD) E-1 and E-2 for standard concrete poles with no additional mounted appurtenances. If equipment or additional appurtenances are to be mounted, the street light pole foundation shall be specifically designed by a civil engineer. 3) Street light poles in arterial or commercial areas shall have a height of 26 feet. 4) Street light poles in residential areas shall have a height of 24 feet. 5) Mast arms shall be aluminum or galvanized steel with a length of 8 feet. 6) Luminaire mounting height shall be between 1.5’ and 2.5’ from the top of pole. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/8”) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (1/4”) in 3 m (10’) when measured perpendicular to the centerline of the DBE- 6/12/18 Contract No. 6097 Page 183 of 188 street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic 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. DBE- 6/12/18 Contract No. 6097 Page 184 of 188 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 permanent signing 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 permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310- 5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. DBE- 6/12/18 Contract No. 6097 Page 185 of 188 APPENDIX A CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: _XX / XX / XX______________ from 7:00A.M. to 5:00 P.M. If you don’t plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad’s Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. DBE- 6/12/18 Contract No. 6097 Page 186 of 188 APPENDIX B Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act (omitted – not applicable) (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the DBE- 6/12/18 Contract No. 6097 Page 187 of 188 recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) § 200.323. Procurement of recovered materials - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (K) § 200.216. Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or DBE- 6/12/18 Contract No. 6097 Page 188 of 188 (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera 77 Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471. (L) § 200.322. Domestic preferences for procurements: (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.