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Portillo Concrete Inc; 2023-04-24; PWS23-2149TRAN
Revised 6/12/18 Contract No. 6049/6052/4090 Page 1 of 159 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLE- MENTAL PROVISIONS AND TECH- NICAL SPECIFICATIONS FOR PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 PWS23-2149TRAN -Bidding Revised 6/12/18 Contract No. 6049/6052/4090 Page 2 of 159 TABLE OF CONTENTS Item Page Notice Inviting Bids ................................................................................................................ 7 Contractor's Proposal ........................................................................................................... 14 Bid Security Form ................................................................................................................ 21 Bidder’s Bond to Accompany Proposal ................................................................................ 22 Guide for Completing the “Designation of Subcontractors” Form ......................................... 23 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ............................. 25 Bidder's Statement of Technical Ability and Experience ....................................................... 26 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ................................................................................... 27 Bidder’s Statement Re Debarment ....................................................................................... 28 Bidder's Disclosure of Discipline Record …………………………………………… ................. 29 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 31 Contract Public Works .......................................................................................................... 32 Labor and Materials Bond .................................................................................................... 39 Faithful Performance/Warranty Bond ................................................................................... 41 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 43 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 3 of 159 GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations and Symbols 1-1 Terms .......................................................... ................................................ 46 1-2 Definitions .................................................... ................................................ 46 1-3 Abbreviations ............................................... ................................................ 50 1-4 Units of Measure .......................................... ................................................ 53 1-5 Symbols ....................................................... ................................................ 54 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ................................................ 55 2-2 Assignment .................................................. ................................................ 55 2-3 Subcontracts ................................................ ................................................ 55 2-4 Contract Bonds ............................................ ................................................ 56 2-5 Plans and Specifications .............................. ................................................ 57 2-6 Work to be Done .......................................... ................................................ 61 2-7 Subsurface Data .......................................... ................................................ 61 2-8 Right-of-Way ................................................ ................................................ 61 2-9 Surveying ..................................................... ................................................ 61 2-10 Authority of Board and Engineer .................. ................................................ 66 2-11 Inspection .................................................... ................................................ 66 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ................................................ 67 3-2 Changes Initiated by the Agency .................. ................................................ 67 3-3 Extra Work ................................................... ................................................ 68 3-4 Changed Conditions .................................... ................................................ 70 3-5 Disputed Work ............................................. ................................................ 72 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ................................................ 78 4-2 Materials Transportation, Handling and Storage ........................................... 82 Section 5 Utilities 5-1 Location ....................................................... ................................................ 83 5-2 Protection .................................................... ................................................ 83 5-3 Removal ...................................................... ................................................ 84 5-4 Relocation .................................................... ................................................ 84 5-5 Delays .......................................................... ................................................ 85 5-6 Cooperation ................................................. ................................................ 85 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ................................... 86 6-2 Prosecution of Work ..................................... ................................................ 90 6-3 Suspension of Work ..................................... ................................................ 91 6-4 Default by Contractor ................................... ................................................ 91 6-5 Termination of Contract................................ ................................................ 92 6-6 Delays and Extensions of Time .................... ................................................ 92 6-7 Time of Completion ...................................... ................................................ 93 6-8 Completion, Acceptance, and Warranty ....... ................................................ 94 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 4 of 159 6-9 Liquidated Damages .................................... ................................................ 95 6-10 Use of Improvement During Construction .... ................................................ 95 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ................................................ 97 7-2 Labor ........................................................... ................................................ 97 7-3 Liability Insurance ........................................ ................................................ 97 7-4 Workers' Compensation Insurance .............. ................................................ 97 7-5 Permits ........................................................ ................................................ 98 7-6 The Contractor’s Representative .................. ................................................ 99 7-7 Cooperation and Collateral Work ................. ................................................ 99 7-8 Project Site Maintenance ............................. .............................................. 100 7-9 Protection and Restoration of Existing Improvements ................................. 102 7-10 Public Convenience and Safety ................... .............................................. 102 7-11 Patent Fees or Royalties .............................. .............................................. 109 7-12 Advertising ................................................... .............................................. 109 7-13 Laws to be Observed ................................... .............................................. 109 7-14 Antitrust Claims ............................................ .............................................. 110 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ .............................................. 111 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work .......................................... 112 9-2 Lump Sum Work .......................................... .............................................. 112 9-3 Payment ...................................................... .............................................. 112 9-4 Bid Item Descriptions ................................... .............................................. 116 SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 4, 6, AND 8 OF THE SSPWC PART 2 CONSTRUCTION MATERIALS Section 200 Rock Materials 200-1 Rock Products ............................................. .............................................. 120 200-2 Untreated Base Materials ............................. .............................................. 121 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... .............................................. 122 201-3 Expansion Joint Filler and Joint Sealants ..... .............................................. 123 Section 203 Bituminous Materials 203-3 Emulsified Asphalt ....................................... .............................................. 125 203-5 Emulsion Aggregate Slurry .......................... .............................................. 126 203-6 Asphalt Concrete ......................................... .............................................. 126 203-10 Asphalt Pavement Crack Sealants ............... .............................................. 127 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs ................................................. .............................................. 127 206-8 Light Gage Steel Tubing and Connectors .... .............................................. 130 Section 210 Paint and Protective Coatings 210-1 Paint ............................................................ .............................................. 131 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 5 of 159 210-3 Galvanizing .................................................. .............................................. 132 Section 213 Engineering Geosynthetics 213-2 Geotextiles ................................................... .............................................. 133 213-3 Erosion Control Specialties .......................... .............................................. 133 Section 214 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 214-5 Reflective Pavement Markers ...................... .............................................. 133 PART 3 CONSTRUCTION METHODS Section 300 Earthwork 300-1 Clearing and Grubbing ................................................................................ 135 300-2 Unclassified Excavation .............................................................................. 136 300-3 Structure Excavation and Backfill ................................................................ 138 300-4 Unclassified Fill ........................................................................................... 138 300-5 Borrow Excavation ...................................................................................... 139 300-9 Geotextiles for Erosion Control and Water Pollution Control ....................... 139 300-12 Storm Water Pollution Prevention Plan ....................................................... 140 Section 301 Subgrade Preparation, Treated Materials and Placement of Base Materials 301-1 Subgrade Preparation ................................................................................. 143 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ....................................................................... 146 302-11 Asphalt Pavement Repairs and Remediation .............................................. 146 Section 303 Concrete and Masonry Construction 303-1 Concrete Structures .................................................................................... 148 303-2 Air-Placed Concrete .................................................................................... 148 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................. 148 303-7 Colored Concrete ........................................................................................ 149 Section 306 Open Trench Conduit Construction 306-1 Open Trench Operations ............................................................................. 150 306-5 Abandonment of Conduits and Structures ................................................... 153 Section 310 Painting 310-5 Painting Various Surfaces ........................................................................... 154 310-7 Permanent Signing ..................................................................................... 155 Section 312 Pavement Marker Placement and Removal 312-1 Placement ................................................................................................... 155 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers ......................................................... 156 313-2 Temporary Traffic Signing ........................................................................... 156 313-3 Temporary Railing (Type K) and Crash Cushions ....................................... 157 313-4 Measurement and Payment ........................................................................ 158 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 6 of 159 APPENDICES A – Door Hanger B – Tier 2 SWPPP Template C – Signing and Striping Notes D – Standard Drawings ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 7 of 159 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2 p.m. on April 6, 2023 the City shall accept bids via electronic format via the City of Carls- bad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carls- badca.gov/services/depts/finance/contracting/default.asp, for performing the work as follows: in- stallation of ADA-compliant parking stalls, curb ramps, accessible pathways and signage. PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 BID NO. PWS23-2149TRAN 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. Revised 6/12/18 Contract No. 6049/6052/4090 Page 8 of 159 RECAPITULATION OF THE WORK Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal’s General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information. This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. Each bid must be accompanied by security in a form and amount required by law. The 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 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 9 of 159 to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk’s Office. The spec- ifications for the work include City of Carlsbad Technical Specifications and the Standard Speci- fications for Public Works Construction 2021 edition 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) of the SSPWC do not apply and have been replaced with the General Provisions herein. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Orig- inal) within two (2) business days of bid Opening / three (3) Apparent Low Bidders. 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor’s Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder’s Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 10 of 159 uploaded to the CMWD’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide CMWD 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 CMWD within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-re- sponsive. ENGINEER’S ESTIMATE: All bids will be compared based on the Engineer's Estimate. The estimated quantities are approx- imate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $975,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit- ted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A – General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from the City’s website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore Revised 6/12/18 Contract No. 6049/6052/4090 Page 11 of 159 specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via the online bidding portal. Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. on March 30, 2023. No ques- tions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project by April 3, 2023. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pur- suant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting will not be held. ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 12 of 159 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. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance com- missioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 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 ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 13 of 159 March 22, 2023 second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2023-087, adopted on the 21st day of March 2023. ________________________ ____________________________________ Date Graham Jordan, Deputy Clerk City Council City of Carlsbad CITY OF CARLSBAD PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 CONTRACTOR'S PROPOSAL 1200 Carlsbad Vi llage 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. 6049/6052/4090 in accordance with the Plans, Specifications, Gen- eral Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment there- fore the following unit prices for each item complete, to wit: Approximate Item Quantity Unit Price Total A mount No. Descri ption and Unit (Figures) (Figures) 1 Mobilization/Demobilization (not to LS $ 77,000.00 exceed 10%) Seventy seven thousand d ollars w/ zero cents (Price in Words) 2 Sawcut (Pavement and Stamped 580 LF $ 8.00 $ 4,640.00 Concrete) Eight dollars w/ zero cents (Unit Price in Words) 3 Remove Striping 600 LF $ 11.00 $ 6,600.00 Eleven dollars w/zero cents (Unit Price in Words) 4 Construct 4" PVC Sidewalk per 3,606 SF $ 20.00 $ 72,120.00 SDRSD G-07, G-09, and G-10 Twen ty dollars w/zero cents (Unit Price in Words) 5 Construct Class II Aggregate Base 69 TON $ 75.00 $ 5,175.00 Seven ty five dollars w/zero cen ts (Unit Price in Words) l~ •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 14 of 159 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 6 Construct 1-1 /2" Mill and Varied 25,257 SF $ 6.00 $ 1511542.00 Overlay Six dollars w/zero cents (Unit Price in Words) 7 Construct 6" Curb and Gutter Type 183 LF $ 65.00 $ 11,895.00 G per SDRSD G-02 Sixty five dollars w/zero cents (Unit Price in Words) 8 Construct 6" Curb Type G per 335 LF $ 60.00 $ 20,100.00 SDRSD G-01 Sixty_ dollars wLzero cents (Unit Price in Words) 9 Construct O" Curb 57 LF $ 75.00 $ 4,275.00 Seven ty five dollars w/zero cents (Unit Price in Words) 10 Construct O" to 6" Curb Transition 4 LF $ 100.00 $ 400.00 One hundred dollars w/zero cents (Unit Price in Words) 11 Install Signing and Striping LS $ 94,000.00 Nine!;)'. four dollars wLzero cents (Price in Words) 12 Construct Truncated Domes per 31 EA $ 1,300.00 $ 401300.00 SDRSD G-30 One thou sand three hundred dollars w/zero cents (Unit Price in Words) 13 Construct Wheel Stop 30 EA $ 250.00 $ 71500.00 Iwo hundred fifcy dollars wLzern ctn ts (Unit Price in Words) l' •+if Revised 6/12/18 Contract No. 6049/6052/4090 Page 15 of 159 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 14 Construct Pedestrian Ramp 4 EA $ 6,000.00 $ 24,000.00 Type B per SDRSD G-27 Six thousand dollars w/zero cents (Unit Price in Words) 15 Construct Reverse Curb Outlet 1 EA $ 5,000.00 $ 5z000.00 per SDRSD D-25 Five thousand dollars w/zero cents (Unit Price in Words) 16 Install Bark Mulch 145 SF $ 25.00 $ 3,625.00 Twenty five dollars w/zero cents (Unit Price in Words) 17 Cap, Cut, and Reconnect lrriga-795 SF $ 10.00 $ 7,950.00 tion System Ten dollars w/zero cents (Unit Price in Words) 18 Slurry Seal, Type I-PMCQS-1 h-238,000 SF $ 0.60 $ 142,800.00 EAS Sixt):'. cents (Unit Price in Words) 19 Install Junction Box 6 EA $ 3,200.00 $ 19,200.00 Three thousand two hundred dollars w/zero cents (Unit Price in Words) 20 Install 1"-2" Conduit 130 LF $ 145.00 $ 18,850.00 One hundred forty five dollars w/zero cents (Unit Price in Words) 21 Construct Dual Port L2 EVCS (CT 4 EA $ 51000.00 $ 20,000.00 4000) Foundation Five thousand dollars w/zero cents (Unit Price in Words) ,, •~ Revised 6/12/18 Contract No. 6049/6052/4090 Page 16 of 159 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures) (Figures) 22 Construct DFCS (Express 250 2 EA $ 5!000.00 $ 10!000.00 Foundation) Five thousand dollars w/zero cents (Unit Price in Words) 23 Traffic and Pedestrian Control, and LS $ 20,000.00 Traffic and Pedestrian Control Plan Twenty thousand dollars w/zero cents (Price in Words) 24 Tier 2 SWPPP Preparation, Im-LS $ 10,000.00 plementation and Maintenance Ten thousand dollars w/zero cents (Price in Words) 25 Survey Monument Perpetuation 4 EA $ 2,300.00 $ 9,200.00 Two thousand three hundred dollars w/zero cents (Unit Price in Words) 26 Record As-Built Drawings LS $ 3,000.00 Three thousand dollars wLzero cents (Price in Words) 27 III-C3-PG 64-10 0-RAP Asphalt 25 TON $ 400.00 $ 10,000.00 Paving Ten thousand dollars w/zero cents (Price in Words) The City of Carlsbad shall determine the low bid based on the sum of Schedule "A". Total amount of bid in words: Seven hundred ninety nine thousand, one hundred seventy two dollars w/zero cents. Total amount of bid in numbers: $ 799,172.00 -----'-------------------- Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __________ has/have been received and is/are included in this proposal. l' •;;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 17 of 159 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 6801 44 , classification A, B, & C-8 which expires on 10-31-2024 , and Department of Industrial Relations PWC registration num- ber 1000004389 which expires on 06-30-2024 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ,, •+' Revised 6/12/18 Contract No. 6049/6052/4090 Page 18 of 159 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) NIA City and State ____________________________ _ (4) Zip Code ________ Telephone No. _____________ _ (5) E-Mail ___________________________ _ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business __________________________ _ (Street and Number) City and State __________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ___________________________ _ ,, •~ Revised 6/12/18 Contract No. 6049/6052/4090 Page 19 of 159 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted ___ P_o_r_til_lo~C'-o_n_c1_·e_te~1_In_c_. ______ _ (Signature) President/CEO (Title) Mario Portillo Impress Corporate Seal here (3) Incorporated under the laws of the State of _C=a=l=i£=01=·n=i=-a ____________ _ (4) Place of Business __ 3=5::..::2::..a.7.....;C=i=tr=u=s=S=tr-=-ee=t"----------------- (Street and Number) City and State Lemon Grove CA (5) Zip Code ___ 9._.1=9 ....... 4"'-5 ____ Telephone No. -----'6""'1=9--4=6=6'--4=6=3-"-9 ______ _ (6) E-Mail mportillo@portilloconcreteinc.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AT- TACHED 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: Mario Portillo -President/CEO Tina Portillo -Secretary/CFO l'\ •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 20 of 159 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On April 3, 2023 before me, Pam Davis , Notary Public, ---~--~--------,--.,..,--,.,.,....------,------..,...,..----Date Insert Name of Notary exactly as it appears on the official seal personally appeared ___ M_ar_io_P_o_rt_ill_o _____ ___,,-,---....,...,......,..,.,,--....,...,..------------- Name<•> of Slgner(s) I@ PAM DAVIS ,e-1 B COMM. #2359823 g NOTAIIY PUIIUC~ SAN DIEGO COUNlY _. I My Commltllon Explraa I ~!JNHE Place Notary Seel Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowled~ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~tness my ha~~ Signature ~ Signature of Notary Public OPTIONAL Though the information below is not required by laWi it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: _____________________________ _ Document Date: _________________ _ Number of Pages: _______ _ Signer(s) Other Than Named Above: ________________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Individual D Corporate Officer -Title(s): _______ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of lhumb here Signer's Name: ____________ _ D Individual □ Corporate Officer -Title(s): _______ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D other: ______ _ Signer Is Representing: R!GHT THUMBPRINT OF SIGNER Top of lhumb here BID SECURITY FORM (Check to Accompany Bid) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 (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 insur- ance coverage within the stipulated time; otherwise, the check shall be returned to the under- signed. 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 an- other 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.) l' •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 21 of 159 BIDDER'S BOND TO ACCOMPANY PROPOSAL PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 KNOW ALL PERSONS BY THESE PRESENTS: That we, Portillo Concrete Inc. , as Principal, and The Gray Casualty & Surety Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ten percent of total amount bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 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 23rd (Signature) Mario Portillo, President-CEO (Print Name/Title) day of ___ _....M...,.a"--'rc .... h ______ , 20_2L_ The Gray Casualty & Surety Company (SEAL) (Surety) By~ r-c::?c:::r:? (Signature) Cyndi Beilman, Attorney-in-Fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CER- TIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ~ /< ~~ City Attorney ., f.+;" Revised 6/12/18 Contract No. 6049/6052/4090 Page 22 of 159 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On March 23, 2023 before me, Pam Davis , Notary Public, ---------'-------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared Cyndi Beilman '@ PAM DAVIS I -· COMM. #2359823 ij ti.-, NOTARY PUBUC-GAl.fORIIA • SAN OIEOO COUNl" My eomn,IMIOn E,q)lrel I I JUNE] - Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h•~= Signature ~ Signature Notary Public OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document:-------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee □ Guardian or Conservator □ Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY Wrightman, Inc. 03/23/2023 11 :35 907410018056 GENERAL POWER OF ATTORNEY Bond Number: Bid Bond Principal: Portillo Concrete, lnc. Project: Public Parking Lots ADA Improvements REBID KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Rebecca James and Cyndi Beilman of LaMesa, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. ·'RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to altach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WI IEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 4th day ofNovember, 2022. By: State of Louisiana ss: Parish of JelTerson ~~ Michael T. Gray President The Gray Insurance Company 6/ Cullen S. Piske President The Gray Casualty & Surety Company On this 4th day ofNovember, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. 0 Leigh Anne Henican Notary Public Notary ID No. 92653 Orleans Parish, Louisiana Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy ofa Power of Attorney given by the companies, which is still in full force and clTect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd day of March , 2023 I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy ofa Power of Attorney given by the companies, which is still in full force and elTect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 23rd day of March , 2023 Carrier Ratings A. M. Best's Rating & Proposed Insurance Companies Financial Size Category The Gray Casualty & Surety Company A-VIII *Gallagher companies use A.M. Best rated insurers and the rating listed above was verified on the date the proposal document was created. Best's Credit Ratings TM reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of Gallagher's service or its recommendations. A.M. Best is not responsible for transcription errors made in presenting Best's Credit Ratings TM. Best's Credit Ratings TM are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best. A Best's Financial Strength Rating is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. It is not a warranty of a company's financial strength and ability to meet its obligations to policyholders. Best's Credit Ratings rt.1 are under continuous review and subject to change and/or affirmation. For the latest Best's Credit Ratings TM and Guide to Best's Credit Ratings, visit the A.M. Best website at http://www. am best. com/ratings. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. Important Disclosures IMPORTANT: The proposal and/or any executive summaries outline certain terms and conditions of the surety program proposed by the insurers, based on the information provided by your company. We make no warranties with respect to policy limits or coverage considerations of the carrier. Compensation Disclosure 1. Gallagher Companies are primarily compensated from the usual and customary commissions, fees or, where permitted, a combination of both, for brokerage and servicing of insurance policies, annuity contracts, guarantee contracts and surety bonds (collectively "insurance coverages") handled for a client's account, which may vary based on market conditions and the insurance product placed for the client. 2. In placing, renewing, consulting on or servicing your insurance coverages, Gallagher companies may participate in contingent and supplemental commission arrangements with intermediaries and insurance companies that provide for additional compensation if certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company, not on an individual policy basis. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. If you do not wish to have your commercial insurance placement included in consideration for additional compensation, contact your producer or service team for an Opt-out form. 3. Gallagher Companies may receive investment income on fiduciary funds temporarily held by them, or from obtaining or generating premium finance quotes, unless prohibited by law. 4. Gallagher Companies may also access or have an ownership interest in other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace some of which may earn and retain customary brokerage commission and fees for their work. If you have specific questions about any compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wish to register a formal complaint regarding compensation Gallagher receives from insurers or third- parties, please contact Gallagher via e-mail at Compensation_Complaints@ajg.com or by regular mail at: Chief Compliance Officer Gallagher Global Brokerage Arthur J. Gallagher & Co. 2850 Golf Rd. Rolling Meadows, IL 60008 Revised 6/12/18 Contract No. 6049/6052/4090 Page 23 of 159 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 SUB- CONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. ~" \.. Revised 6/12/18 Contract No. 6049/6052/4090 Page 24 of 159 Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. ~" \.. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Line item Statewide Stripes, Inc. 858-560-6887 1nnnnn111..:1 788286 311&13 P.O. Box 600710 sean@ r'.-1? $95 ,08 1.00 San Dieszo CA. 92160 statewidestripes.com Line item Pavement Recycling Sys. 1951-'-~2-l0Ql 1 ()()()()()111',1 5i;q352 6 10240 San Sevaine Way ASchatz(a) A & C-12 $57,459.68 Jurupa Valley CA. 91752 pavementrecycling.c m Line item American Asphalt South, Inc. 909-427-8276 1000000h4S 784969 18 19792 El Rivino Rd. americanasphalt A $135,065.00 Riverside, CA. 92509 south.com Line item Ace Electric, Inc. 619-521 -9742 1000001519 835109 1 C)_ ')() 6061 Fairmount Ave brian@ace A & C-10 $34,250.00 San Dieiro CA. 92120 electric.com Line item McGrath Consulting 619-443-3811 20194 ?A. P.O. Box 2488 estimating 1000037165 $1 000.00 El Caion CA. 92021 @mcswppp.com Line item Acculine Survey, Inc. 858-483-6665 5717 ?S 1919 Grand Ave. Suite lG acculinesurvey@ 1000013806 $8,000.00 San Dieszo, CA. 92109 global.net Page __ 1 _ 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." l"\ •fi' Revised 6/12/18 Contract No. 6049/6052/4090 Page 25 of 159 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 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 Completed Contract Contract 2022 Dept. of the Navv Billy Harger Slurry & sidewalk upgrades 619-767-1197 $2 025,094.00 City of Carlsbad Emily Hasegawa R&Rcurb ramps, 2022 619-466-4636 cross «utters warninQ surfac s $698,135.00 Sean Gill Concrete, asphalt & Elecl. 202 1 City of National Citv 951-531-6483 $4 270.055.00 Sean Gill Concrete, asphalt & Elect. 2021 Citv of National Citv Q<;l .<;~l _t;,tQO $1 069.901.60 Andrea Zaratlini R&R concrete 2021 Countv of San Diei:ro I'. 1 q_ ont:.R 1 '1Cl $901,252.47 David Vclderman Concrete, asphalt & 2021 Deot. of the Navv 760-830-7932 draina"e imnrovements $837 000.00 r i tv rif .<:an Dip!!" Ken Wright R&R concrete 2020 858-627-3251 $2,987,921.00 Sean Gill R&R ADA concrele & $1,040,000.00 2020 Citv nf National Citv 951 -532-6483 asnhalt ,, •+ir Revised 6/12/18 Contract No. 6049/6052/4090 Page 26 of 159 Revised 6/12/18 Contract No. 6049/6052/4090 Page 27 of 159 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMO- TIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. □ □ □ □ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 4/11/2023 ~ ~ I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~AMe:'~1 Jennifer Domaoal Michael Ehrenfeld Company Insurance Agents r.1-!~N"~-c~.-· (619)814-3044 I r:,~ Nol; (619) fiBl-9999 An Acrisure Agency CA OK07568 ~t1t~~ss: jennifer@ehrenfeldinsurance.com 2655 Camino Del Rio North #200 INSURER/SI AFFORDING COVERAGE NAIC # San Diego CA 92108 INSURER A; Financial Pacific I nsurance Comoanv 31453 INSURED INSURER B; Palomar Soecial tv Ins Co 20338 PORTILLO CONCRETE INC INSURER c: Evanston Insurance Comoanv 35378 3527 CITRUS ST INSURER D : The Burlinaton Insurance Comoanv 23620 INSURER E: LEMON GROVE CA 91945-1518 INSURER F: COVERAGES CERTIFICATE NUMBER:22-23 we (RNWL) GL AUTO 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 AOOL SUBR ,;~Mi'fy~~~l POLICY EXP LTR TYPE OF INSURANCE ,.,.n ... "~ POLICY NUMBER IMM/00/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1 ,000,000 -D CLAIMS-MADE W OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrence' s 100,000 -X y 605314 60 7/29/2022 7/29/2023 MED EXP (Any one person) s 5,000 -PERSONAL & ADV INJURY $ 1 ,000,000 -GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 R @ PRO-□LOC PRODUCTS· COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: Lead llab Exclusion $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 ,000,000 'Ea accident' -BODILY INJURY (Per person) s .,-A X ANY AUTO -ALL O'MlED -SCHEDULED BODILY INJURY (Per accident) $ X y 605314 60 7/29/2022 7/29/2023 -AUTOS -AUTOS NON-OIM<ED ip~?~~tr.n~AMAGE s HIRED AUTOS AUTOS --s UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 2 000 000 - A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2 000,000 OED I I RETENTION $ 60531460 7/29/2022 7/29/2023 s WORKERS COMPENSATION XI ~~:TIITE l I OTH- ANO EMPLOYERS' LIABILITY •R YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? NIA B (Mandatory in NH) y PS ICll 963 02 10/21/2022 10/21/2023 E.L. DISEASE -EA EMPLOYEE $ 1,000 000 tf yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 C Contractors Pollut ion Liabilit~ MKLV5ENV103697 7/29/2022 7/29/2023 Each Occrrence I Aggregale 2,000,000 D Excess Liability (2) 605B£06344 7/29/2022 7/29/2023 Each Occrrcnce / Aggregale 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re : Public Parki ng Lots ADA Improvement s (Re-bid) I Bi d No. PWS23-2149TRAN; Contract No. 6049/6052/4090. The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured and Wai ver of Subrogation where requi red by written contract per attached endorsements . Coverage under thi s policy shall be primary insuranc e as respects the City, its officials , employees and volunteers . This policy will not b e canc eled, materially c hanged nor the amount of coverage reduced unt il thirty (30) days after CERTIFICATE HOLDER CANCELLATION Graham.Jordan@carlsbadca.gov City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Contract Adrnin Murrieta, CA 92564 I AUTHORIZED REPRESENTATIVE Todd Tropio/KCASIA © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 c201401) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS receipt of written notice of cancellation of reduction in coverage by the City Clerk of the City of Carlsbad, California . OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Policy Number: MKLV5ENV103697 "Loss" arising out of the ownership, maintenance, use, operation or entrustment to others of any aircraft, "unmanned aircraft", "auto" or watercraft. Use includes "loading or unloading". However, this exclusion does not apply to: a. "Loading or unloading" within the boundaries of any location covered under this policy; or b. Insuring Agreement A.2. Transportation Pollution Liability, if shown as covered in the Declarations. 18. War "Loss", however caused , arising, directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action taken in the hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 19. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 20. Your Product "Loss" arising out of "your product". SECTION Ill -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but on ly with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or lim ited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of "your work". b. In the event of your bankruptcy, your trustees, and in the event of your death or incapacity, your legal representatives or executors, but only with respect to each such trustee's, representative's or executor's vicarious liability resulting from "your work". 3. Any organization, other than a partnership, joint venture or limited liability company, you newly acquire or form during the policy period and over which you maintain ownership or majority interest, will qualify as an insured but only with respect to "your work" rendered on or after the acquisition or formation date of such organization. However coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 4. Any client for whom you perform or performed "your work" and with whom you have agreed to provide additional insured status in a written contract or agreement is an insured under this policy, provided the written contract or agreement was executed prior to the: a. Commencement of "your work"; and b. Date the "pollution conditions" first commenced. MEEI 0007 1117 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 17 Such client is an insured only with respect to "bodily injury" or "property damage" caused by a "pollution condition" for which the client is liable because of "your work". There is no coverage under this insurance for any "claims" arising out of the sole negligence of your clients. Any insurance afforded to an insured described in Paragraph 4. above only applies to the extent permitted by law, will not be broader than that which you are required by the contract or agreement to provide for such insured, and is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement. Paragraph 4. does not apply to any client specifically named as an additional insured in an endorsement attached to this policy. SECTION IV -LIMITS OF INSURANCE AND SELF-INSURED RETENTION OR DEDUCTIBLE A. Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, "claims" made, or persons or organizations making "claims". 2. The Coverage Form Aggregate Limit is the most we will pay for the sum of all "loss" and supplementary payments arising out of all "pollution conditions" under all Insuring Agreements. 3. Subject to Paragraph 2. above: a. The Each Contractor's Pollution Condition Limit is the most we will pay under Insuring Agreement A.1. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition". b. The Each Transportation Pollution Condition Limit is the most we will pay under Insuring Agreement A.2. for the sum of all "loss" and supplementary payments arising out of any one "transportation pollution condition". c. The Each Non-Owned Disposal Site Pollution Condition Limit is the most we will pay under Insuring Agreement A.3. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition" at a "non-owned disposal site". d. The Each Crisis Management And Emergency Response Limit is the most we will pay under Insuring Agreement A.4. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition". 4. Amounts paid as supplementary payments will reduce the Defense Expenses Aggregate Limit shown in the Declarations. Once that limit has been exhausted, amounts paid as supplementary payments will reduce the applicable limits described in Paragraphs 2. and 3. above. The limits of insurance of this Coverage Form apply separately to each policy period, unless the policy period is extended after issuance for an additional period. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. 8. Self-Insured Retention The following applies only if Self-Insured Retention is selected in the Declarations: 1. You agree to assume the Self-Insured Retention shown in the Declarations. Our obligation to pay damages or supplementary payments under this insurance and the applicable limit shown in the Declarations will apply in excess of the self-insured retention. 2. Regardless of whether or not there is any other insurance, whether or not col lectible, applicable to a "claim" or "pollution condition" within the self-insured retention, you must make actual payment of the ful l self-insured retention before the limits of insurance will apply. Compliance with this clause is a condition precedent for coverage under this insurance. We will make no payments of any type in the event you fail to comply with this clause. 3. You must not incur costs other than adjusting expenses without our written consent in the event of any "claim" or "pollution condition" which appears likely to exceed the self-insured retention. 4. We have the right and duty in all cases to assume control of the investigation, defense and settlement of any "claim" or "pollution condition" to which this insurance applies. When we exercise this right, the following apply: a. You will remain responsible for the cost of all damages and supplementary payments within the self-insured retention; MEEI 0007 1117 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 17 111 ENVIRONMENTAL POLICY NUMBER: MKLV5ENV103144 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following, where indicated by an "X" in the checkbox(es) below: 0 COMMERCIAL GENERAL LIABILITY COVERAGE FORM C8J CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM 0 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following is added to the Other Insurance condition: Other Insurance This insurance will be primary and not contributory with any other insurance available to any person or organization under any other third party liability policy if required by a written contract, signed by both parties and executed prior to the commencement of operations or "your work". All other terms and conditions remain unchanged. MEEI 2591 08 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 all ENVIRONMENTAL POLICY NUMBER: MKLV5ENV103144 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following, where indicated by an "X" in the checkbox(es) below: 0 COMMERCIAL GENERAL LIABILITY COVERAGE FORM C8J CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM 0 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition: Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization with whom the Named Insured has agreed, in a written contract executed prior to the "occurrence" or "pollution condition", to waive such rights of recovery because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract with that person or organization. All other terms and conditions remain unchanged. MEEI 2592 08 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: 60531460 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location And Description Of Comoleted Ooerations Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written Various Projects and Project Locations contract or written agreement. Exclusions: This endorsement does not apply to work performed on Residential Structures. For the Purposes of this endorsement "Residential Structure" is defined as follows: "Residential Structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to si ngle or multifamily housing, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, motels, or apartments. Residential structure also does not include hospitals or prisons. Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on be half 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. Primary Clause: When the coverage afforded by this endorsement applies and when required by written contract, coverage provided to the additiona l insured is primary and our obligations are not affected unless any of the other ava ilable insurance is also primary. Insurance afforded to an additional insured on policies where it is the named insured will be non-contributory. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 60531460 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 Oraanization(sl Location(sl Of Covered Operations Any person(s) or organization(s) whom you are required to Various Projects and Project Locations add as an additional insured on this policy under a written contract or written agreement Primary Clause: When the coverage afforded by this endorsement applies and when required by written contract, coverage provided to the additional insured is primary and our obligations are not affected unless any of the other available insurance is also primary. Insurance afforded to an additional insured on policies where it is the named insured will be non-contributory. 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 "bod ily 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" occurri ng after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Servi ces Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insu reds, 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 20 10 0413 CG71 03 0215 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage -Borrowed Equipment * Property Damage Liability -Elevators * Coverage D -Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Coverage E -Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate -$500 Deductible * Coverage F -Electronic Data Liability Coverage -$50,000 * Coverage G -Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate -$1 ,000 Deductible * Coverage H -Water Damage Legal Liability -$25,000 * Increase in Supplementary Payments: Bail Bonds to $1 ,000 * Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations -extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured -Owners, Lessees or Contractors -Automatic Status When Required in Construction Agreement With You * Automatic Additional Insured -Vendors * Automatic Additional Insured -Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured -Managers or Lessor of Premises * Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured -Employee Injury to Another Employee * Automatically included -Aggregate Limits of Insurance (per location) * Automatically included -Aggregate Limits of Insurance (per project) * Knowledge of occurrence -Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 CG 71 03 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES A. The following changes are made at COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION Ill - LIMITS OF INSURANCE . 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage -Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property : This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability -Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property : This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12 j. Damage to Property "Property damage" to: CG 71 03 02 15 (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 2. COVERAGE E -CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of Exclusion j. does not apply. The amount we will pay is limited as described below in SECTION 111 -LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 3. COVERAGE F -ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A -Bodily Injury And Property Damage Liability in Section I -Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury" b. "Property Damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE 4. COVERAGE G -PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page3of12 CG 71 03 02 15 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily Injury" or "Property Damage". (7) Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". (11) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. (12) Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION Ill -LIMITS OF INSURANCE C. SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1 ,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 12 CG 71 03 02 15 SECTION II-WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following : a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured -Owners, Lessees or Contractors -Automatic Status When Req uired in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. 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: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: CG 71 03 02 15 a. 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12 CG 71 03 02 15 b. 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. 6. Additional Insured -Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured . However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 7. Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 CG 71 03 02 15 However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 8. Additional Insured -Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) afforded coverage by this additional coverage. 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. 9. Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) 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 exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 12 CG 71 03 02 15 10. Additional Insured -Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II -WHO IS A NAMED INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION Ill -LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G -Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 12 CG 71 03 02 15 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With res pects to the insurance afforded to additional insureds afforded coverage by items 5 through 10 of SECTION II -WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. 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. 13. Subject to 5. of SECTION Ill -LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage . For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 14. Subject to 5. of SECTION Ill -LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E -Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible -Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 15. Subject to 5. of SECTION Ill -LIMITS OF INSURANCE , the most we will pay for "property damage" under Coverage F -Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 CG 71 03 02 15 SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II -WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: 1. Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. 11. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 12 CG 71 03 02 15 13. The following conditions are added in regard to Coverage G -Product Recall Expense: In event of a "product recall", you must: a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recal l expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. SECTION V -DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following: 3. "bodily injury" means physical injury , sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 12 CG 71 03 02 15 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". CG 71 03 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12 Policy Number: 60531460 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DESCRIPTION Temporary Substitute Auto Physical Damage Broad Form Insured Employee as Insureds Additional Insured Status by Contract, Agreement or Permit Bail Bond Coverage Loss of Earnings Coverage Amended Fellow Employee Coverage Towing and Labor Physical Damage Additional Transportation Expense Coverage Extra Expense -Theft Rental Reimbursement and Additional Transportation Expense Personal Effects Coverage Personal Property of Others Locksmith Coverage Vehicle Wrap Coverage Airbag Accidental Discharge Audio, Visual and Data Electronic Equipment Coverage Auto Loan/Lease Total Loss Protection Glass Repair -Deductible Amendment Amended Duties in the Event of Accident, Claim, Suit or Loss Waiver of Subroqation Required by Contract Unintentional Failure to Disclose Hired, Leased, Rented or Borrowed Auto Physical Damage Mental Anguish Extended Cancellation Condition The COVERAGE INDEX set forth above is informational only and grants no coverage. PAGE 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 6 6 6 6 7 7 Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I -COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction 8. BROADENED LIABILITY COVERAGES SECTION II -LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1 ) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION Ill -PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of $1 ,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense -Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage Page 4 of 7 We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1 ,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION Ill -PHYSICAL DAMAGE COVERAGE, 8. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION Ill -PHYSICAL DAMAGE COVERAGE -C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1 ,000 per "loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable. (Auto Loan/Lease Total Loss Protection) SECTION Ill -PHYSICAL DAMAGE COVERAGE -C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered"auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease I loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair -Deductible Amendment) H. GLASS REPAIR -DEDUCTIBLE SECTION 111 -PHYSICAL DAMAGE COVERAGE -D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud : Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1 ) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: Page 6 of 7 (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V -DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Policy Number: MKLV5ENV103697 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. However, our contribution will not apply until our applicable Deductible or Self-Insured Retention is satisfied. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. G. Premium Audit 1. We will compute all premiums for this Policy in accordance with our rules, rates, rating plans, and minimum premium requirements. 2. Premium shown as Advance And Deposit Premium in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured shown in the Declarations. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the Policy Period is more than the greater of the earned premium or Minimum Retained Premium shown in the Declarations, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. H. Representations By accepting this Policy, you agree: 1. The statements in the applications, other materials submitted to us, and Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this Policy in reliance upon your representations. I. Separation Of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first Named Insured shown in the Declarations, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom a "claim" is made. J. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after "loss" to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, we will waive any right of recovery we may have against any person(s) or organization(s) to whom the insured agrees in a written contract signed by both parties prior to the "loss", to provide a waiver of transfer of rights of recovery with respect to "claims" that result from "your work" under such contract(s). This waiver will not apply for "losses" resulting from the sole negli gence of such person(s) or organization(s). SECTION VI -EXTENDED REPORTING PERIOD With respect only to the Sudden And Accidental Discharge, Release, Or Escape of Pollutants Liability Insuring Agreement: A. We will provide one or more Extended Reporting Periods, as described below, if: 1. The coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability is cancelled or not renewed; or 2. We renew or replace the coverage provided for Sudden And Accidental Discharge, Release, Or Escape Or Pollutants Liability with insurance that: a. Has a retroactive date later than the Retroactive Date shown in the Declarations; or MEEI 0007 01 22 Page 15 of 21 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04WS A (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/21/2022 Insured Portillo Concrete, Inc. WC ON 04 WS A (Ed. 01-19) Print Date: 10/24/2022 Policy No.: PSIC 11963 -02 Endorsement No.: Insurance Company Palomar Specialty Insurance Company Countersigned By BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS(RE-81D) CONTRACT NO. 6049/6052/4090 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes xxxx no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Atta ch additional copies of this page to accommodate more than two debar- ments. NIA party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Portillo Concrete Inc. By(~~ (sign here) Mario Portillo / President -CEO (print name/title) Page-¥--of ---1L_ pages of this Re Debarment form l~ •ff Revised 6/12/18 Contract No. 6049/6052/4090 Page 28 of 159 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board two or more times within an eight year period? f-yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? 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? 'f- yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of ___i__ pages of this Disclosure of Discipline form l' •ff Revised 6/12/18 Contract No. 6049/6052/4090 Page 29 of 159 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 6) 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. NIA (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Portillo Concrete Inc. By (n•:m:~ (sign here) Mario Portillo / President -CEO (print name/title) Page _1_ of __ 1 _ pages of this Disclosure of Discipline form l' •ff Revised 6/12/18 Contract No. 6049/6052/4090 Page 30 of 159 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 The undersigned declares: I am the President of Portillo Concrete, Inc, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation , partner- ship, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid , and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5 -3'0-2 ?> 201.L_ at Lemon Grove [city]. CA [state]. Mario Portillo Signature of Bidder l"\ •+r Revised 6/12/18 Contract No. 6049/6052/4090 Page 31 of 159 CONTRACT PUBLIC WORKS This agreement is made this Z, 1-+4----day of ftfc t1 \ , 2023, by and between the City of Carlsbad , California, a municipal orporation, (hereinafter called "City"), and Portillo Concrete, Inc., whose principal place of business is 3527 Citrus Street, Lemon Grove, California 91945 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfil l the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compli- ance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground {'\ •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 32 of 159 Revised 6/12/18 Contract No. 6049/6052/4090 Page 33 of 159 conditions. Any information that may have been furnished to Contractor by City about under- ground 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 inher- ent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all work to be per- formed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the require- ments of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligi- bility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 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, "~ \_. Revised 6/12/18 Contract No. 6049/6052/4090 Page 34 of 159 damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits. Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this 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 "~ \_. Revised 6/12/18 Contract No. 6049/6052/4090 Page 35 of 159 contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each com- pany affording general liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage pro- vided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. "~ \_. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in antici- pation of litigation or in conjunction with litigation. (8) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above.~ init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. ('\ •+r' Revised 6/12/18 Contract No. 6049/6052/4090 Page 36 of 159 Revised 6/12/18 Contract No. 6049/6052/4090 Page 37 of 159 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or sub- contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursu- ant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. /// /// /// /// /// /// /// /// /// /// /// /// /// /// "~ \_. 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 AT- TACHED (CORPORA TE SEAL) CONTRACTOR: Portillo Concrete, Inc. By J/~ (sign here) Mario Portillo-President/CEO ~ndtitle) By:-+-~~-__,_:;;_;;__ ______ _ (sign here) Tina Portillo-Secretary/CFO (print name and title) CITY OF CARLSBAD a municipal corporation ::theSt~ KE ITH BLACKBURN, Mayor ATTEST: ~ SHERRY FREISINGER, City Clerk \., President or vice-president and secretary or assistant secretary must sign for corporations. If on ly 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 Attorney - By: {>vu/J}l,,U, /C , ~ City Attorney {'\ •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 38 of 159 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On April 13, 2023 before me, Pam Davis , Notary Public, __ __;__;i:;._;.;,.;_:....;;..:,_-=..;:.=..:::..__ _ ____ __;__;;.;,.;___;__;..:::,.:_;.;,.;_ _________ _ Date Insert Name of Notary exactly as it appears on the official seal personally appeared Mario Portillo -----'------------,-,-Na-m-e(,....s),....o..,..f s=ig-n-er.,...(s,....) -------------- IQ.. PAM DAVIS I . COMM. #235e823 ll NOTARY ~A l, 8 SAN DtEOO COUNT'/ _. I My Commlalon E>cpileo I JUNE 1. 2025 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ________________ _ Signature of Notary Public OPTIONAL----------- Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ______________________________ _ Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual □ Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact □ Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On April 13, 2023 before me, Pam Davis , Notary Public, __ _;_:i:. _ _;_.c...:..:....::..:=-=---______ _;_:..:....::....:.:..:..:..::...._ _________ _ Date Insert Name of Notary exactly as it appears on the official seal personally appeared Tina Portillo ___ .:.....;._"--'-'---------..,..,N-am-e~(s~) o~f=s;,....gn-e~r(s~)-------------- '@· PAM DAVIS I .-COMM. #2358823 ff Si NOTARY P\JIIUC-<:AUORNIA ij SAN O!EOO COUNTY I My CoomiiMion Expm I Jl.!!t61·2ii Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ________________ _ Signature of Notary Public OPTIONAL----------- Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document:-------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual □ Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Portillo Concrete, Inc., (here- inafter designated as the "Principal"), a Contract for: PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 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, Portillo Concrete, Inc., as Principal, (hereinafter designated as the "Contractor"), and The Gray Casualty & Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred ninety-nine thousand one hundred seventy-two dollars ($799,172), 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, exec- utors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work co ntracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,., •+;' Revised 6/12/18 Contract No. 6049/6052/4090 Page 39 of 159 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.;_:;1th'-----day of ______ A...._p __ ril ______ , 20_23 _ Princi By: ___ ..___ ________ _ (Signature) flt1/lld {)w-,u{) --/Jiles (Print Name & Title) _ T_h_e_G_ra-'-y_C_as_u_al-'-ty_&_S_ur_et-'-y_C_om_p_a--'ny __ (SEAL) (Surety) By: ~ :(., n,,._nJ._ •~ure~- Rebecca James, 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 Attorney The Gray Casualty & Surety Company By: C&Julal(.Uc/11~ City Attorney ,., •,r Revised 6/12/18 Contract No. 6049/6052/4090 Page 40 of 159 T HE: GRAY INSURANCE: COMPANY T IIE: GRAY CASUALTY & SU RETY COMPA Y Wnghtman. Inc. 0411 I '2023 14:28 69(,(,96017075 GENERAL POWER OF ATTORNEY Bond Number: GS20300064 Principal: Portillo Concrete. Inc. Project: Public Parking Lots ADA Improvements KNOW ALL BY 11 IESI: PRESENTS. Tl IAT The Gray Insurance Company and l'hc Gray Casualty & Surct, Compan). corporations duly organiLed and existing under the laws of Louisiana. and ha\'ing their principal offices in Metairie. Louisiana. do hereby make. constitute. and appoint: Rebecca James and Cyndi Beilman of La.\lcsa, California jointly and sc,·crally on behalf of each of the Companies named above its true and lawful Attorncy(s)-in-Faet. to make. execute. seal and deliver. for and on its behalf and as its deed, bonds. or other ,,ritings obligatory in the nature ot'a bund. as surety. contracts of suretyship as arc or may be ret1u ired or permitted by law. regulation. contract or othern-ise. provided that no bond or undertaking or contract ofsurctyship executed under this authority shall exceed the amount of $25.000.000.00. This Po,,cr of Attorney is granted and is signed b) facsi mile under and by the authority of the fo llowing Resolutions adopted by the Hoards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings dul) called and held on the 26th da) of .l unc. 2003. "RESOLVl~D. that the President. bccutivc Vice President. any Vice President. or the Secretar) be and each or any of them hereby is aut horized to execute a po,,er of' Attorney qualifying the attorney named in the given Power of A Horney to execute on behalf of the Company bonds. undertakings. and all contracts ofsuret). and that each or any of'them is hereby authorized to attest to the execution of such Power of Attorney. and to attach the seal of the Compan): and it is FU In HER RESOLVED. that the signature of such ofticcrs and the seal of the Company may be affixed to any such l'o,,er of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company nm, and in the future when so affixed with regard to till) bond. undertaking or contract of surety to which it is attached. WI ll~r.SS WHER~.OF. The Gra) Insurance Company and The Gray Casualty & Surety Company have caused their otTicial seals to be hereintci aflixed. and these presents to be signed by their authorized ofliccrs this 4th day of o,·c111bcr. 2022. State of Louisiana ss: Parish oi' Jetforson ~~ Michad r. Gray President !'he Gray Insurance Company Cullen S. Piske Presidcm The Gray Casualty & Sure!) Company On thi~ 4th da, ofNO\cmbcr. 2022. before rne. a Notar) Public. personally appcan;d Midiacl T. Gray. President of'The Gray Insurance Company. and Cullen S. Piske. President ol'The Gray Casualty & Suret; Company. personally known 10 me. being duly sworn. acknowledged that they signed the above Power or /\ttorne) and affixed the seals of the companies as officers of: and acknowledged said instrument to be the rnluntary act and deed. of their companies. j LeiGh f..:1.ie Her.i:21 Nolc!ry Public Notary ID No. 92653 Orleans Parish, Louisian;; Leigh Anne I lenican Notary Public. Parish ot'Orlcans State of Louisiana My Commission is for Life I. Mark S. Manguno. Secretar) of The Gray Insurance Company. do hereby ce11ity that the above and forgoi ng is a true and correct copy ofa Po"cr of' Attorney gi,cn by the companies. wh ich is still in full forct: and t:lll:ct. IN WIT ESS WHEREOF. I ha,·c set my hand and affixed thi.: seals of the Company this 11th day of Aprll , 2023 I. Leigh Anne I lcnican. Secretary i;f [ he Gray Casualty & SurCt) Company, do hereby certify that the above and forgoing is a true and correct copy of a l'o,\cr of Attorney gi,cn bj the companies. which is still in full force and effec t. IN WITNESS WI IEREOF. I have set my hand and affi)scd the ~e:i ls of the C r:mpany thi~ '1th day of April • 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On APR I 1 123 before me, Pam Davis , Notary Public, ---------------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared ____ R_e_b_ec_c_a_J_a_m_e_s _____ .,.,....---,-,........,.~----,--,---------------- Name(s) of Signer(s) '@ PAM DAVIS I : -· COMM. #2359823 !i , NOTARY PUBLIC-CALlfORNIA ~ U • SAN DIEGO COUNTY .. I l.tf Com.,_ Expi<e• I iYNS 1:2025 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL ----------- Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ______________________________ _ Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ □ Individual □ Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Bond No.: GS20300064 Premium: $13,090.00 Premium based on final contract price is subject to audit FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Portillo Concrete, Inc. (hereinafter designated as the "Principal"), a Contract for: PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 in the City of Carlsbad, in strict conform ity 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, Portillo Concrete, Inc., as Principal, (hereinafter designated as the "Contractor"), and The Gray Casualty & Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred ninety-nine thousand one hundred seventy-two dollars ($799,172), sa id 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, exec- utors 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. l' •ff Revised 6/12/18 Contract No. 6049/6052/4090 Page 41 of 159 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-'-'1tc.:..h ___ day of ___ ___;_A:,::;rc::..il _______ , 20n__ _ (Signature) __ T_he_G_r_ay_C_a_su_a--'lty_&_S_u_re--'ty_C_o_m_pa_n'-y _( SEAL) (Surety) By: __,_~--"""'-""""""""""""'~C.llC,,,,,..,_J---f-{+::-:..1...:... """'~" •--~- (&gnature~ ·1'/t1/4c) /Jtfllllid -fY/~s Rebecca James, 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 Attorney By: ?t//4,d{,,t, /c . J.f?H~ City Attorney {' • .., Revised 6/ 12/ 1 8 Contract No. 6049/6052/4090 Page 42 of 159 THE GRAY INSURANCE COMPANY T IIE GRAY CASUALTY & SURETY COMPANY Wrightman. Inc. 04111 '2023 14 28 696696017075 GENERAL POWER OF ATTORNEY Bond Number: GS20300064 Principal: Portillo Concrete. Inc. Project: Public Parking Lots ADA Improvements KNOW ALL 13Y n IESr, PRESE\:TS. l'I IAT Thc Gray Insurance Company and The Gray Casualty & Suret) Compan). corporations duly organized and existing under the laws of Louisiana. and having their principal offices in Mctairie. Louisiana. do hereby make. constitute. and appoint: Rebecca James and Cyndi Heilman of LaMcsa, Ca lifornia jointly and severally on behalf of each of the Compan ies named above its true and la\vful Attorne) (s)-in-Facl. to make. execute. seal and deliver. for and on its behalf and as its deed. bonds. or other writings obligator) in the nature ofa bond. as surety. contracts ofsurctyship as arc or ma) be required or permitted b) law. n:gulation. contract or uthcrn ise. provided that nu bond or undertaking or contract of suret) ship executed under this authority shall exceed th~ amount of $25.000.000.00. This Power of Allorne) is granted and is signed by facsimile under and hy the authority of the following Resolutions adopted hy the Aoards or Directors of both The Gray Insurance Company and The Grn, Casualty & Surety Company at meetings duly called and held on the 26th day or June. 2003. --RESOLVlaD. that the President. Executive Vice President. any Vice President. or the Secretary be and each or any of them hereby is authorized to execute a p0l\er of Attorney qualifying the allorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings. and all contracts of surety. and that each or any of them is hereby authorized lo attest to the execution of such Power of Attorney. and to allach the seal of the Company: and it is FUR fl IER RESOLVLI). that the signature of such olfa:ers anJ the seal of1hc Company may be affixed to an) such Pmwr orAttorne) or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signature or fi1csimi le seal shall be binding upon the Company 11<i,, and in the future ,,hen so affixed with regard to any hond. undertaking or contract of surely lo which it i, attached. IN Wll F.SS WI IF.R F.OF. The Gray Insurance Company and n,c Gray Casualty & Surcl) Company have caused their olticial seals to he hereintn allixed. and these presents lob.: ~igned b) their authorized of1iccrs this -lth day of November. 2022. f'ly: State of Louisiana ss: Parish or Jefferson ~~ Michael T. Gray President The Gray Insurance Company Of Cullen S. Piske President The Gray Casualty & Sure!) Company On this 4th day ofNO\embcr. 2022. before me. a Notary Public. personal I) appeared Michael T. Gray. Presidenl of'Thc Gray Insurance Company. and Cullen S. Piske, President of The Gray Casualty & Surety Company. personally known to me. being duly sworn. acknol\ !edged that they signed the above Power of Attorney and amxed the seals of the companies as oflicers of. and acknowledged said instrument to be the voluntary act and deed. of their companies. ~ LeiGi1 Anne f-:er.1::a1 Notery Public Notary ID No. 92653 Orleans P;;rish, Louisiana Leigh Anne I len ican Notary Public. Parish of Orleans State of Louisiana My Commission is fo r Life I. Mark S. Manguno. Secretary ofl he Gray Insurance Company. do hereby certify that the above and forgoing is a true and correct cop) of a Power of Allornc) given by the companies. \\hich is still in full force and effect. IN WITNESS WI IEREOF. I ha,e set ttt) hattd and allixed the seals of the Company this i 1111 day of Aprll • 2023 I. Leigh Anne l lu,ican, Sec:·ctary of The Gray Casually & Surety Company. do hereby certify that the above and forgoing is a true and correct cop) ofa Power 01 At:0r11cy given b) the companies. which is still in full force and effect. IN WITNESS WHEREOF. I have set my hand and a!Tix<!cl the seals of the C.:>1np,1t1y this 11th day of April . 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego } On AP~ 1 f ,23 before me, Pam Davis , Notary Public, -------------------------------Date Insert Name of Notary exactly as it appears on the official seal personally appeared Rebecca James ''I PAM DAVIS I -~·-COMM. #2359823 !2 ti.,. , NOlARY PUBUC-CAUFORNIA ~ SAN OIEOO COUl>ITY _. My eommi1llkln e,,pr... I I JUN5 J: 2025 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowled~ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha~icial seal. Signature ~ Signature of Notary Public OPTIONAL----------- Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal ano reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ O Individual O Corporate Officer -Title(s): ________ _ 0 Partner O Limited O General ~ Attorney in Fact O Trustee O Guardian or Conservator O Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ O Individual □ Corporate Officer -Title(s): ________ _ 0 Partner O Limited O General 0 Attorney in Fact O Trustee O Guardian or Conservator O Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Revised 6/12/18 Contract No. 6049/6052/4090 Page 43 of 159 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 Portillo Concrete, Inc., whose address is 3527 Citrus Street, Lemon Grove, California 91945, hereinafter called "Contractor" and _________________________________________________ whose address is ___________________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PUBLIC PARKING LOTS ADA IMPROVEMENTS (RE-BID) CONTRACT NO. 6049/6052/4090 in the amount of $799,172 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 secu- rities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Es- crow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the "~ \_. Revised 6/12/18 Contract No. 6049/6052/4090 Page 44 of 159 FINANCE DIRECTOR Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Con- tractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and com- plete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pur- suant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the secu- rities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address __________________________________ For Escrow Agent: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address __________________________________ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. "~ \_. Revised 6/12/18 Contract No. 6049/6052/4090 Page 45 of 159 MAYOR For City: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address __________________________________ For Escrow Agent: Title _____________________________________ Name ____________________________________ Signature _________________________________ Address __________________________________ "~ \_. Revised 6/15/17 Contract No. 6049/6052/4090 Page 46 of 159 GENERAL PROVISIONS FOR PUBLIC PARKING LOTS ADA IMPROVEMENTS CONTRACT NO. 6049/6052/4090 (RE-BID) 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, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”, "sched- uled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the ap- proval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 47 of 159 Agency – The City of Carlsbad, California. Agreement – See Contract. Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments. Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work. Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contrac-tor” shall mean Contractor. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 48 of 159 Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 49 of 159 Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – The Engineer’s designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. 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. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 50 of 159 Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words 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 .............................................................. Benchmark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 51 of 159 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 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 ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 52 of 159 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 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 ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 53 of 159 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ....................................................................American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA................................................................. American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHWA.............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters’ Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 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) ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 54 of 159 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. 6049/6052/4090 Page 55 of 159 SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due, or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: “(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), which- ever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.” If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 56 of 159 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Con- tractor 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. 6049/6052/4090 Page 57 of 159 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1. An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance com- missioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter desig- nated "SSPWC", as amended. The construction plans consist of City of Carlsbad Drawing No. 530-7 and consists of 15 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 Depart- ment of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. 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. 6049/6052/4090 Page 58 of 159 Specifications and not shown on the Plans or shown on the Plans and not specified in the Spec- ifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edi- tion 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. 2-5.3 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. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 59 of 159 Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g., The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submit- tals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of Transmittal shall contain the following: 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor’s certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submit- tals for the same materials.) 6. Description of the contents of the submittal. 7. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: __________________________________ Title: ______________________________ Date: ________________________________ Company Name: ______________________________________________________________ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 60 of 159 Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Num- ber 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 Facili- ties 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 as- sembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifi- cations for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, Revised 6/15/17 Contract No. 6049/6052/4090 Page 61 of 159 street lighting systems, and traffic signals, and may also be required for any product, man- ufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 62 of 159 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements. Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal loca- tions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of con- struction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 63 of 159 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake De- scription Centerline or Parallel to Centerline Spac- ing, Lateral Spac- ing , 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 cen- terline 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 & Hori- zontal Fence RP + Marker Stake 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’ N/A (constant off- set) 0.1’ Horizontal Rough Grade Cuts or Fills 10 m (33’) RP + Marker Stake 50’ N/A 0.1’ Vertical & Hori- zontal Final Grade (in- cludes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grad- ing area 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ 22’ 3/8” Horizontal & 1/4” Vertical Asphalt Pave- ment 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 pave- ment, paving pass width, crown line & grade breaks 3/8” Horizontal & 1/4” Vertical Drainage Struc- tures, Pipes & similar Facili- ties, 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 off- set) 3/8” Horizontal & 1/4” Vertical Traffic Signal Vertical locations shall be based on the ulti- mate 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 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 exist- ing pavement 1/4” Ver- tical 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 & Hori- zontal 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 ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 64 of 159 Feature Staked Stake De- scription Centerline or Parallel to Centerline Spac- ing, Lateral Spac- ing , Setting Tolerance (Within) Major Structure Footings, Bents, Abut- ments & 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 Superstruc- tures 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 Grad- ing RP + Marker Stake 50’ along contour line 0.1’ Vertical & Hori- zontal 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 & Hori- zontal Subsurface Drains RP + Marker Stake intervisible & 50’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar fa- cilities 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 tan- gents & curves when R 1000’ & 25’ on curves when R 1000’. At marker lo- cation(s) 1/4” Horizontal Railings & Bar- riers RP + Marker Stake At beginning & end and 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ at railing & barrier loca- tion(s) 3/8” Horizontal & Verti- cal AC Dikes RP + Marker Stake At beginning & end as appropriate 0.1’ Horizontal & Ver- tical 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 loca- tion(s) 1/4” Horizontal Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those fea- tures and the accuracy requirements of the RP meet the requirements for the feature 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. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 65 of 159 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, cen- terline, 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 compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. The contract stipulated price paid for this bid item shall constitute full compensation for replacement of monumentation and/or benchmarks by a licensed land surveyor authorized to practice land surveying in the state of California. A corner record or record of survey shall be filed for pre- and -post construction conditions per the Professional Land Surveyors’ Act, Business and Professions Code 8771. Shall include full compensation for survey- ing in existing survey monument, setting swing ties, preparing corner record or record of survey, coordination with the County of San Diego, agency fees related to submittal, setting and tying in a new survey monument after construction, materials and tools, no additional compensation shall be allowed. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the fin- ished work. 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. 6049/6052/4090 Page 66 of 159 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 instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection. Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor’s staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 67 of 159 SECTION 3 – CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are in- volved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 68 of 159 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 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. 6049/6052/4090 Page 69 of 159 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 equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” pub- lished by 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 inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacturer. 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. 6049/6052/4090 Page 70 of 159 nature from those required for the Work and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor …………………………..…. 20 2. Materials .………………………… 15 3. Equipment Rental ………………. 15 4. Other Items and Expenditures … 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon-tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 71 of 159 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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 perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed condi- tions. 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 under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City’s proposed final estimate in order for it to be further considered.” ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 72 of 159 By: ___________________________________ Title: ______________________________ Date: _________________________________ Company Name: ______________________________________________________________ The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. 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. 6049/6052/4090 Page 73 of 159 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and 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. 6049/6052/4090 Page 74 of 159 (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements 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. 6049/6052/4090 Page 75 of 159 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 con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 76 of 159 (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 77 of 159 disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 78 of 159 SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be ~" \.. Revised 6/15/17 Contract No. 6049/6052/4090 Page 79 of 159 necessary to keep the Engineer fully informed regarding progress and manner of work and char- acter of materials. Inspection or testing of the whole or any portion of the work or materials incor- porated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Revised 6/15/17 Contract No. 6049/6052/4090 Page 80 of 159 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to Revised 6/15/17 Contract No. 6049/6052/4090 Page 81 of 159 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 oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The inves- tigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional in- formation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledge- ment, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Con- tractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the coop- erative investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the commit- tee will have 30 calendar days from its formation to complete their review and submit their find- ings. The final resolution of the committee shall be by majority opinion, in writing, stamped and Revised 6/15/17 Contract No. 6049/6052/4090 Page 82 of 159 signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the inves- tigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engi- neer 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. 6049/6052/4090 Page 83 of 159 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, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify Revised 6/15/17 Contract No. 6049/6052/4090 Page 84 of 159 the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements be- fore commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for man- hole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6. Utilities which are relocated in order to avoid inter- ference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise directed by the Engineer. Revised 6/15/17 Contract No. 6049/6052/4090 Page 85 of 159 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 6/15/17 Contract No. 6049/6052/4090 Page 86 of 159 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 re- quired by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s man- agement personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the precon- struction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Base- line Construction Schedule shall include each item and element of 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 re- quired to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and se- quencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 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 Revised 6/15/17 Contract No. 6049/6052/4090 Page 87 of 159 Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contrac- tor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8 a.m. and 5 p.m. The on-site train- ing 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 Base- line Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activi- ties, including submittals, interfaces between utility companies and other agencies, project mile- stones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accu- rately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Con- struction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contrac- tor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened du- ration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 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 Revised 6/15/17 Contract No. 6049/6052/4090 Page 88 of 159 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 Engi- neer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions within ten (10) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the ten (10) working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within five (5) working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the cor- rections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 6-1.3 Preparation of Schedule Updates 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 dur- ing the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Revised 6/15/17 Contract No. 6049/6052/4090 Page 89 of 159 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resub- mittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer re- turning a monthly updated construction schedule marked “Not Accepted”. 6-1.4.1 “Accepted.” The Contractor may proceed with the project work and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Sec- tion 6-1.8.2. 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substan- tially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will Revised 6/15/17 Contract No. 6049/6052/4090 Page 90 of 159 be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Sched- ule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revi- sions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment 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. Sequence The Contractor may not work on Parking Lots A and B at the same time. The Contractor may not work on more than two parking lots at the same time, unless approved by the Engineer. The Contractor must complete the majority of all work associated with a lot before it may begin work on the subsequent lot. The majority of all work will be determined by the Engineer and includes the completion of all concrete, asphalt, slurry and the first coat of striping so that the lot may be utilized as intended. Once the Contractor has begun construction on a lot, the Contractor must work continuously (ex- cluding non-working days and holidays) to complete the lot. The Contractor may not begin construction on Lots F and G before the completion of Lots A, B, C, D, I and Village Arts Lot, unless otherwise approved by the Engineer. Revised 6/15/17 Contract No. 6049/6052/4090 Page 91 of 159 Milestones Phase 1: The Contractor must complete all work on Lots A, B, C, D, I and Village Arts by October 20, 2023. Contractor will incur liquidated damages for work that is not complete by Oct. 20, 2023, at the following rate(s): - 3-6 incomplete lots: $3,000 per Calendar Day - 2 incomplete lots: $2,000 per Calendar Day - 1 incomplete lot: $1,500 per Calendar Day Phase 2: The Contractor shall continue to incur liquidated damages at the applicable rate identi- fied in Phase I for any Phase I lots not completed 90 days after receipt of the Notice to Proceed. All work shall be completed within 90 days after receipt of Notice to Proceed. Contractor will incur liquidated damages at a rate of $1,500 per Calendar Day for work that is not complete within 90 days after the receipt of the Notice to Proceed. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meet- ings. The Contractor’s Representative shall attend each Project Meeting. The Project Representa- tive shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. Revised 6/15/17 Contract No. 6049/6052/4090 Page 92 of 159 The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discre- tion or when conditions encountered during the Work make it impossible or impracticable to pro- ceed, 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 Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. Revised 6/15/17 Contract No. 6049/6052/4090 Page 93 of 159 If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classi- fication of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in (working days). The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, Revised 6/15/17 Contract No. 6049/6052/4090 Page 94 of 159 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 7 a.m. and 4 p.m. on Mondays through Fridays, excluding Agency holidays. The Con- tractor 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 ob- tained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the pro- hibition of work being performed within the dates, areas and/or types of work prohibited in this section. The Contractor is advised of the following City events scheduled for 2023 that may impact the Work. The Contractor shall coordinate with the Owner and/or Engineer prior to these events to verify and adjust the Work to avoid conflict with these events, if necessary: 1. Farmer’s Market (State Street between Grand Ave and Carlsbad Village Dr) – every Wednesday 2. Earth Day Makers Market (Parking Lot A, 2992 Roosevelt St) – 4/22/2023 3. Art in the Village (downtown Carlsbad Village) – 6/25/2023 4. Carlsbad Village Street Faire (Downtown Carlsbad Village) – 5/7/2023 5. Flicks at the Fountain (Parking Lot I at northeast corner of Grand Ave and State St) – Thursday nights from 7/6 through 8/3, 2023 6. Carlsbad Village Street Faire (Downtown Carlsbad Village) – 11/5/2023 7. Permitted events at Holiday Park – 7/10/2023 and 7/17/2023 8. 2023 TGIF Concert in the Park (Poinsettia Park) – 7/21/2023 9. 2023 TGIF Concert in the Park (Calavera Hills Park) – 7/28/2023 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work- ing day to be charged against the Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or Revised 6/15/17 Contract No. 6049/6052/4090 Page 95 of 159 permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand two hundred and fifty dollars ($1,250.00). Such sum is liquidated damages and shall not be con- strued 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 one thou- sand two hundred and fifty dollars ($1.250.00) 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. With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15-minute increment (or portion of time thereof) beyond the hours of work stated in the Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay to the Agency, or have monies due to it, the sum of one thousand two hundred fifty dollars ($1,250). Such sum is liquidated damages and shall not be construed as a penalty and will be deducted from monthly progress payments due the Contractor if such delay occurs. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into Revised 6/15/17 Contract No. 6049/6052/4090 Page 96 of 159 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. 6049/6052/4090 Page 97 of 159 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and main- tain in good condition all equipment and facilities as required for the proper execution and inspec- tion of the Work. Such equipment and facilities shall meet all requirements of applicable ordi- nances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to un- dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 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’ Revised 6/15/17 Contract No. 6049/6052/4090 Page 98 of 159 Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before ex- ecution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for per- mits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Ap- pendix ‘A’ of these supplemental provisions. Resource agency permits pertaining to this project include: 1. California Coastal Commission permit number NNNN issued on (date). 2. California Department of Fish and Game permit number NNNN issued on (date). 3. California Water Quality Control Board permit number NNNN issued on (date). 4. United States Army Corps of Engineers permit number NNNN issued on (date). 5. United States Fish and Wildlife Service permit number NNNN issued on (date). 7-5.2 Relations with the Railroad. 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Cor- poration (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor’s work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain “Right of Entry” Permit from the North County Transit District Board, (The Board), prior to the commence- ment of any work. All fees and costs associated with obtaining and complying with the terms of this permit, including but not limited to engineering review, submittal review, railway flaggers and Revised 6/15/17 Contract No. 6049/6052/4090 Page 99 of 159 construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. The Contractor is responsible for posting any deposits with NCTD as they may require. The deposit to NCTD will be required prior to the issu- ance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefor. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engi- neer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements. The Contractor shall notify NCTD electronically at least ten (10) working days prior to commencement of work on Railroad Right of Way at: ROW@nctd.org. The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-5.2.4 Requirements for use of Railway Flaggers. Railway Flaggers may be required on this Project. The presence of equipment, materials, or manpower will not be allowed within 25 feet of the centerline of any track without the presence of Railway Flaggers. The Contractor shall be responsible for coordination with NCTD to schedule Railway Flaggers. Costs for Railway Flaggers shall be the responsibility of the Contractor and subtracted from the deposit made to NCTD. 7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor’s representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for as- certaining 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. 6049/6052/4090 Page 100 of 159 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. Although not anticipated, 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 incom- plete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed imme- diately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust Revised 6/15/17 Contract No. 6049/6052/4090 Page 101 of 159 control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste Dis- charge 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. An example Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix B, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with Revised 6/15/17 Contract No. 6049/6052/4090 Page 102 of 159 the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included in the contract lump sum price. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Revised 6/15/17 Contract No. 6049/6052/4090 Page 103 of 159 Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal com- pany, Republic Services at 760-332-6464. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descrip- tion of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam- ple of such notice is provided in Appendix “A”. Revised 6/15/17 Contract No. 6049/6052/4090 Page 104 of 159 In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1. The Engineer ............................................................................ 442-339-2505 2. Carlsbad Fire Department Dispatch .......................................... 442-339-2197 3. Carlsbad Police Department Dispatch ...................................... 442-339-2197 4. Carlsbad Traffic Signals Maintenance (extension 2937) ........... 442-339-2980 5. Carlsbad Traffic Signals Operations.......................................... 442-339-2752 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 105 of 159 The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest version, as amended for use in California) and these pro- visions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be re- quired herein, the Engineer may, at his/her sole option, install the traffic signs, markings, deline- ation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb mark- ing shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equip- ment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators Revised 6/15/17 Contract No. 6049/6052/4090 Page 106 of 159 shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than two (2) feet, nor operate equipment within five (5) feet from any traffic lane occupied by traffic. For equipment the five (5) feet 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 adja- cent traffic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California amended Manual on Uniform Traffic Control Devices (latest version) and provisions under "Main- taining 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 Cal- ifornia amended Manual on Uniform Traffic Control Devices (latest version) published by CAL- TRANS. Whenever the work causes obliteration of pavement delineation, temporary or perma- nent 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 align- ment 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 tem- porary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mate- rial. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Revised 6/15/17 Contract No. 6049/6052/4090 Page 107 of 159 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 tem- porary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 15-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California amended Manual on Uniform Traffic Control Devices (latest version) 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 modifi- cations, supplements, and/or new designs to TCP. The Engineer may approve any such modifi- cations, 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 profes- sional 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 ap- proved 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. Sub- mittal 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 prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued Revised 6/15/17 Contract No. 6049/6052/4090 Page 108 of 159 by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: 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 Revised 6/15/17 Contract No. 6049/6052/4090 Page 109 of 159 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 110 of 159 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the par- ties.” Revised 6/15/17 Contract No. 6049/6052/4090 Page 111 of 159 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel is not required. Revised 6/15/17 Contract No. 6049/6052/4090 Page 112 of 159 SECTION 9 – MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. 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 accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it Revised 6/15/17 Contract No. 6049/6052/4090 Page 113 of 159 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor’s responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the “Notice of Completion.” If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete Revised 6/15/17 Contract No. 6049/6052/4090 Page 114 of 159 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 Engi- neer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If pay- ment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable Revised 6/15/17 Contract No. 6049/6052/4090 Page 115 of 159 time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or con- tentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims 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. The Contract lump-sum price paid for mobilization shall not exceed ten percent (10%) of the total bid and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, ex- cepting those specifically paid for under separate sections of these specifications. Mobilization shall include but not be limited to the following items: Revised 6/15/17 Contract No. 6049/6052/4090 Page 116 of 159 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits. 2. Submittal of required materials, shop drawings, construction schedule(s), and weekly schedule updates. 3. Establishment of all offices, buildings, construction yards, staging areas, security fencing, privacy screening, sanitary facilities, and any other facilities necessary for work at all pro- ject locations. 4. Posting all OSHA required notices and establishment of safety programs. 5. The movement of personnel, materials, equipment, supplies, and incidentals to and from the project site. 6. Developing and installing construction water supply. 6. Notification of residents and businesses. 7. Utility Coordination, mark out and potholing. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. No additional compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or dis- covered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders and shall not affect the price paid for "Mobilization." 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation sys- tems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his ex- pense. Bid Item No. 1: Mobilization/Demobilization, not to exceed 10% (Lump Sum) The Contractor shall mobilize per Section 9-3.4.1. Bid Item No. 2: Sawcut (Pavement and Stamped Concrete) (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation for all required sawcutting of existing pavement in accordance with the specifications and contract documents. Bid Item No. 3: Remove Striping (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation for the costs of work in removal of existing striping per the plans and in accordance with the specifications and contract documents. Bid Item No. 4: Construct 4” PCC Sidewalk per SDRSD G-07, G-09, and G-10 (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install a 4” PCC sidewalk per details on the plans and San Diego Regional Standard Drawings G-07, G- Revised 6/15/17 Contract No. 6049/6052/4090 Page 117 of 159 08, and G-10 in accordance with the plans and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, transitions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to sidewalk. Bid Item No. 5: Construct Class II Aggregate Base (Ton) The contract unit price paid for this bid item shall constitute full compensation to install and com- pact Class II aggregate base in accordance with the city standards, specifications, and contract documents. Bid Item No. 6: Construct 1-1/2” Mill and Varied Overlay (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to construct a one and half-inch (1-1/2”) mill and asphalt concrete pavement overlay per details on the plans in ac- cordance with the plans and contract documents. This includes, but is not limited to, surveying, transitions, forming, compaction, and sawcutting. Bid Item No. 7: Construct 6” Curb and Gutter Type G per SDRSD G-02 (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install 6” Curb and Gutter per SDRSD G-02 in accordance with the specifications and contract docu- ments. This includes, but is not limited to, surveying, clearing and grubbing, demolition, transi- tions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adja- cent to curb and gutter. Bid Item No. 8: Construct 6” Curb Type G per SDRSD G-01 (Bid Item No. 8) (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install 6” Curb per SDRSD G-01 in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, transitions, excava- tion, forming, base material, compaction, sawcutting, and replacing pavement adjacent to curb. Bid Item No. 9: Construct 0” Curb (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install 0” Curb per details on the plans in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, transitions, ex- cavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to curb. Bid Item No. 10: Construct 0” to 6” Curb Transition (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install 0” to 6” Curb Transition per details on the plans in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, ex- cavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to curb. Bid Item No. 11: Install Signing and Striping (Lump Sum) The contract lump sum price paid for these bid items shall constitute full compensation to furnish and install signing and striping per details on the plans in accordance with the specifications and contract documents. Bid Item No. 12: Construct Truncated Domes per SDRSD G-30 (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install truncated domes / detectable warning strips per SDRSD G-30 in accordance with the specifica- tions and contract documents. This includes, but is not limited to, surveying, demolition, Revised 6/15/17 Contract No. 6049/6052/4090 Page 118 of 159 transitions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to truncated domes. Bid Item No. 13: Construct Concrete Wheel Stop (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install concrete wheel stops per details on the plans in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, demolition, transitions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to wheel stops. Bid Item No. 14: Construct Pedestrian Ramp Type B per SDRSD G-27 (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install Type B Pedestrian Ramp per SDRSD G-27 in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, tran- sitions, excavation, forming, base material, compaction, sawcutting, and replacing pavement ad- jacent to pedestrian ramps. Bid Item No. 15: Construct Reverse Curb Outlet per SDRSD D-25 (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install Reverse Curb Outlet per SDRSD D-25 in accordance with the specifications and contract docu- ments. This includes, but is not limited to, surveying, clearing and grubbing, demolition, transi- tions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adja- cent to reverse curb outlet. Bid Item No. 16: Install Bark Mulch (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install bark mulch per details on the plans in accordance with the specifications and contract documents. All planting beds shall have 3” thick mulch layer. Mulch shall be “Carlsbad Stump Mix” by MB Organics, free of deleterious materials, natural color. Contractor shall submit a sample to Engineer for approval prior to installation. Bid Item No. 17: Cap, Cut and Reconnect Irrigation System (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to cap, cut, and reconnect existing irrigation per details on the plans in accordance with the specifications and contract documents. Bid Item No. 18: Slurry Seal, Type I-PMCQS-1h-EAS (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install the polymer modified, type 1 slurry seal conforming to the requirements of Sections 203-3 and 302-4 of the Standard Specifications, and 203-3.1 and 203-4 of these Special Provisions. Bid Item No. 19: Install Junction Box (Each) The contract unit price paid for this bid item shall constitute full compensation to furnish and install electrical junction box for future connection in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, clearing and grubbing, demolition, tran- sitions, excavation, base material, and compaction adjacent to junction box. Bid Item No. 20: Install 1” and 2” Conduit (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to furnish and install 1” and 2” Conduit in accordance with the specifications and contract documents (size per plans). This includes, but is not limited to, surveying, clearing and grubbing, demolition, transitions, ex- cavation, base material, compaction, sawcutting, and replacing pavement adjacent to conduit. Revised 6/15/17 Contract No. 6049/6052/4090 Page 119 of 159 Bid Item No. 21: Construct Dual Port L2 EVCS (CT4000) Foundation (Each) The contract unit price paid for this bid item shall constitute full compensation to install Dual Port L2 EVCS (CT4000) Foundation in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, demolition, transitions, excavation, forming, base material, compaction, sawcutting, and replacing pavement adjacent to foundations. Bid Item No. 22: Construct DFCS (EXPRESS 250) Foundation (Each) The contract unit price paid for this bid item shall constitute full compensation to install DFCS (EXPRESS 250) Foundation in accordance with the specifications and contract documents. This includes, but is not limited to, surveying, demolition, transitions, excavation, forming, base mate- rial, compaction, sawcutting, and replacing pavement adjacent to foundations. Bid Item No. 23: Traffic and Pedestrian Control, and Traffic and Pedestrian Control Plan (Lump Sum) The contract lump sum price paid for this bid item shall constitute full compensation for all traffic and pedestrian control, traffic and pedestrian control plans, and public notification in accordance with the specifications and contract documents. This includes, but is not limited to, preparation and reproduction of traffic control plans, submitting and obtaining a traffic control permit from the City of Carlsbad, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hangers, “NO PARKING” signs, and any necessary or requested revisions during the course of the work. Bid Item No. 24: Tier 2 SWPPP Preparation, Implementation and Maintenance (Lump Sum) The Contractor shall submit for approval, implement, maintain, report and document, and amend as necessary a Tier 2 Storm Water Pollution Prevention Plan per Sections 7-8 and 300-12. The contract lump sum price paid for this bid item shall constitute full compensation to furnish, install and maintain temporary BMPs in accordance with the specifications and contract documents. Bid Item No. 25: Surveying and Construction Staking Survey Monument Perpetuation (Each) The contract unit price paid for this bid item shall constitute full compensation for all work required to maintain or adjust existing survey monument well and cap to new finish grade in accordance with Section 2-9.1, the Standard Specifications, details on the plans and the contract documents and no additional compensation will be allowed therefor. Bid Item No. 26: Record As-Built Drawings (Lump Sum) The Contractor shall maintain and record the as-built drawing per Section 2-5.4. The contract lump sum price paid for this bid item shall constitute full compensation for all sur- veying and staking necessary to complete the improvements in accordance with the specifications and contract documents. Bid Item No. 27: III-C3-PG 64-1 0-RAP Asphalt Paving (Ton) The contract unit price paid per ton for III-C3-PG 64-10 0-RAP hot mix asphalt shall include full compensation for furnishing all labor, tools, materials, and equipment necessary for surface preparation, applying tack coat, and furnishing, placing, and compacting asphalt concrete pave- ment to the thickness shown on the plans and in accordance with the contract and specifica- tions. Revised 6/15/17 Contract No. 6049/6052/4090 Page 120 of 159 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS. Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to fur- nish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200- 1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Sieve Sizes Type A Type B 50-mm (2”) --- 100 37.5-mm (11/2”) --- 95-100 19-mm (3/4”) 100 50-100 12.5-mm (1/2”) 95-100 --- 9.5-mm (3/8”) 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-µm (no. 200) 0-3 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm (1”) 100 19-mm (3/4”) 90-100 9.5-mm (3/8”) 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No. 8) 18-33 600-µm (No. 30) 5-15 300-µm (No. 50) 0-7 75-µm (no. 200) 0-3 Revised 6/15/17 Contract No. 6049/6052/4090 Page 121 of 159 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Cal- trans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from or- ganic matter and other deleterious substances and shall be of such nature that it can be com- pacted readily under watering and rolling to form a firm, stable base. Aggregate may include ma- terial processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. 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 Dura- bility Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, an- other day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements spec- ified for “Operating Range.” If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Contract Compliance,” the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the En- gineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate Revised 6/15/17 Contract No. 6049/6052/4090 Page 122 of 159 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 Monu- ments 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. 201-1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 per- centage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and nat- ural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the Revised 6/15/17 Contract No. 6049/6052/4090 Page 123 of 159 masonry without darkening or adding gloss to the surface. It shall preserve the natural slip re- sistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and mainte- nance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer’s directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of: Airless sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer’s direction. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 per- centage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A” and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Revised 6/15/17 Contract No. 6049/6052/4090 Page 124 of 159 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 Litho- seal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint sub- strates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be pre-formed, compressible, resilient, nonstaining, nonwaxing, non- extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyeth- ylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polysty- rene foam is not acceptable. 201-3.7 Type “D” Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201-3.7(A). Revised 6/15/17 Contract No. 6049/6052/4090 Page 125 of 159 TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT SECTION 203 - BITUMINOUS MATERIALS 203-3 EMULSIFIED ASPHALT. 203-3.1 General. Replace the entire subsection with the following: For slurry seal, emulsified asphalt shall be polymer modified emulsion. It shall contain polymer mixed with a paving asphalt uniformly emulsified with water and an emulsifying or stabilizing agent. The polymer shall be neoprene, or butadiene and styrene copolymer. The polymer must be homogenous and milled into the emulsified asphalt at the colloid mill. Polymer modified emul- sion shall content a minimum of 2.5% polymer by weight of residual asphalt, as determined by Caltrans Test 401. A Certificate of Compliance conforming to 4-1 of the Greenbook shall be sub- mitted to the Engineer prior to application. 203-3.4 Physical Properties. 203-3.4.5 Polymer modified Emulsion (PME). Add the following: For slurry seal, polymer modified emulsion must be grade PMCQS-1h (cationic) and have the values of the properties shown in the following table: 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. 6049/6052/4090 Page 126 of 159 Polymer Modified Emulsion Property Test method Value Min Max Tests on emulsion: Saybolt Furol Viscosity @ 25 °C, SFSa AASHTO T 59 15 90 Sieve test, % AASHTO T 59 -- 0.30 Storage stability, 1 day, % AASHTO T 59 -- 1 Residue by evaporation, % California Test 331 57 -- Particle charge AASHTO T 59 Positive Tests on residue by evaporation test Penetration, 25 °C AASHTO T 49 40 90 Ductility, 25 °C, mm AASHTO T 51 400 -- Torsional recovery, % California Test 332 18 -- Polymer content, % by wt. of residual asphalt California Test 401 2.5 -- Note: aSFS means Saybolt Furol seconds. Sampling must comply with Caltrans Standard Specifications Section 94-1.03. 203-5 EMULSION-AGGREGATE SLURRY. 203-5.1 General. Add the following: Emulsion-Aggregate Slurry shall be polymer-modified (min 2.5% polymer by weight of residual asphalt), cationic quick-set (PMCQS-1h) and shall conform to the requirements of 203-3, 203-5, and 302-4 of the Greenbook. A Certificate of Compliance conforming to 4-1.5 of the Greenbook shall be submitted to the Engi- neer prior to application. 203-6 ASPHALT CONCRETE. Add the following: 203-6.1 General. Add the following: Asphalt Concrete (AC) shall be III-C3-PG 64-10 0-RAP for surface course, and III B3-PG 64-10 0-RAP for base course, if applicable. Asphalt concrete shall be D2-PG 70-10 for dikes and E-P G70-10 ditches. No recycled asphalt pavement shall be al- lowed in any AC mix. 203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following: No reclaimed asphalt pavement (RAP) shall be allowed in any AC mix. If RAP is used in any portion of asphalt concrete for any part of the project, that part will be rejected, and the contractor will be required to remove and replace that section at its own cost. 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate and mineral filler (before the addition of asphalt binder) and asphalt binder will be taken for testing from the locations identified in the table below. Sam- ples may be taken from any or all the locations identified in the table below per the Engineer’s direction. In case of dispute between the contractor and the Agency, the Engineer has the author- ity to request core samples for analysis from the placed asphalt concrete for any of the acceptance Revised 6/15/17 Contract No. 6049/6052/4090 Page 127 of 159 criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table: Sampling Location Asphalt Concrete • Trucks, or • Mat behind the paver Aggregate • Cold feed belts, or • Hot bins prior to addition of asphalt binder Asphalt Binder • Asphalt binder supplier, or • Storage tanks at the plant during production When behind the paver or core samples of asphalt concrete are to be used for evaluation, suffi- cient size samples shall be taken to ensure representative and adequate quantity of material for the required testing. When using core samples, 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. Materials sampling and testing of the asphalt concrete shall be on a lot basis. A Lot shall be defined as the amount of pavement placed in 1 day. A Sub-Lot shall be defined as 500 tons. Should the amount of pavement placed in 1 day be less than 500 tons, the Sub-Lot and Lot shall be one and the same. Each Lot shall be from a single source unless otherwise approved by the Engineer. The samples and testing results shall be representative of their entire sample sub-lot. 203-6.8 Storage. Replace existing section with the following: Storage of asphalt concrete shall not be allowed. 203-10 ASPHALT PAVEMENT CRACK SEALANTS. 203-10.1 Hot Pour Crack Sealant. The hot pour liquid crack sealant shall be Crafco Polyflex III P/N 34521 Sealant. Storage and heating instructions and cautions will be supplied with each shipment. The sealant must be able to be reheated to application temperature at least once after the initial heat up without degradation of sealant specifications. Sealant shall have an application life at application temperature up to 12 to 15 hours. 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 day- time 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, Revised 6/15/17 Contract No. 6049/6052/4090 Page 128 of 159 burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and alumi- num marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame: A. PROPERTY OF THE CITY OF CARLSBAD, B. Name of the sign manufacturer, C. Month and year of fabrication, D. Type of retroreflective sheeting, and E. Manufacturer’s identification and lot number of retroreflective sheeting. The above notation shall be applied directly to the aluminum sign panels in 1/4-inch upper case letters and numerals by die-stamp and applied by similar method to the fiberglass reinforced plas- tic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. 206-7.1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. 206-7.1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be pro- vided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard Drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and porta- ble signs. Revised 6/15/17 Contract No. 6049/6052/4090 Page 129 of 159 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accord- ance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the service- ability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: 1. Wood posts shall not be used. 2. Back braces and blocks for sign panels will not be required. 3. The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). 4. 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. 5. 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 130 of 159 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tub- ing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be per- forated on all four faces with 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 ex- ceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m1 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 Revised 6/15/17 Contract No. 6049/6052/4090 Page 131 of 159 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. (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 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 Prep- aration Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appear- ance 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, chev- rons, 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, park- ing stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specifi- cation No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermo- plastic material and glass beads may be obtained from the CALTRANS Transportation Revised 6/15/17 Contract No. 6049/6052/4090 Page 132 of 159 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 fab- rication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designa- tion: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Gal- vanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, mill- ing, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvaniz- ing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted as- semblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galva- nizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (or- ganic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. Revised 6/15/17 Contract No. 6049/6052/4090 Page 133 of 159 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 Designa- tion 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 Add the following section: 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 134 of 159 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, Ta- coma, WA 98424, (877) 335-4638 Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumina- tion of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Manufacturer of Distributor Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 800-537-8958 Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 800-648-7916 Repo "The Replaceable Post" Western Highway Products 10680 Fern Avenue Stanton, CA 90680 800-854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflec- tive channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Revised 6/15/17 Contract No. 6049/6052/4090 Page 135 of 159 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 contam- inated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.1 General. Add the following: All clearing and grubbing, including the removal of cleared and grubbed materials, must be completed and the resultant surface made available for meas- urement by the Engineer prior to the Contractor starting any unclassified excavation. The Con- tractor shall notify the Engineer three (3) working days prior to completing clearing and grubbing and the removal of all deleterious material from the site. The Engineer intends to schedule and perform field survey and/or aerial photography of the entire site (for the following working day) (within NN days of such notification). If the Contractor has not removed all deleterious material from the entire site by the day before the scheduled field work and/or photography, the field work and/or photography will be cancelled and not rescheduled until the Contractor has completed removing all material from the entire site. The Contractor shall not be entitled to any additional compensation or extensions in time if the field work and/or aerial photography is cancelled due to the Contractor not completing clearing and grubbing and removal operations as scheduled. If the entire site cannot have field work performed and/or be photographed because of weather, poor visibility or adverse flight conditions the Contractor will be entitled to a corresponding time exten- sion but not entitled to any additional compensation due to the delay. 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 desig- nated 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 loca- tions 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 con- duits of any type, or use, that are abandoned during the course of the work and shall replace said Revised 6/15/17 Contract No. 6049/6052/4090 Page 136 of 159 pipelines and conduits with properly compacted soils. Payment for removal and disposal of aban- doned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. Add the following: Alluvial and colluvial removal and recompaction shall con- sist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuit- able soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accord- ance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such exca- vated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. Add the following: The hinge points (the top and bottom) of slopes shall be lo- cated within 75 mm (0.25’) of the locations shown on the plans. Revised 6/15/17 Contract No. 6049/6052/4090 Page 137 of 159 300-2.5 Slopes. Add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. Add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. Delete the second paragraph relating to materials removed from stock- piles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. 300-2.8 Measurement. Delete the second paragraph relating to materials removed from stock- piles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300- 2.2.3 and 300-2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. Substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compact- ing, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. When required by the plans or specifications or when directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefor. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the Revised 6/15/17 Contract No. 6049/6052/4090 Page 138 of 159 grades shown on the plans. Subgrade tolerances shall conform to the requirements of Section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. Add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pump- ing, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encoun- tered below grade as directed by the Engineer. 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to structure excavation and backfill. and no additional compensation will be made therefor. Except for unsuit- able materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the lump sum price bid for structure excavation and backfill. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. Add the following: Except as provided in section 300-4.7, “Compaction”, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.4 Benching. Add the following: Benching shall conform to The City of Carlsbad Supple- mental Standard Drawing GS-14. 300-4.5 Placing Materials for Fills. Add the following: The Contractor shall perform grading such that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insuffi- cient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3’) of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3”). Particles with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18”) shall not be incorporated into the fill. Rock exceeding 150 mm (6”) in diameter shall not be placed in the upper 900 mm (3’) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. Revised 6/15/17 Contract No. 6049/6052/4090 Page 139 of 159 300-4.6 Application of Water. Add the following: The Contractor shall place all fill soil at a mois- ture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. Add the following: The Contractor shall compact all fill soils placed within the top 1 m (3’) of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6”) shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. Add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep’s foot roller at vertical intervals no greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. Delete and substitute the following: Unclassified fill, grad- ing, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a part of unclas- sified excavation, and no additional payment will be made therefor. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1(A) and the following requirements. Rock included in the top 1 m (3’) of imported bor- row shall be particles of less than 75 mm (3”). Rock included below the top 1 m (3’) of imported borrow shall be particles of less than 150 mm (6”). TABLE 300-5.2.1(A) IMPORTED BORROW PROPERTIES Tests Test Method No. Requirements R-Value Calif. 301 40 Min. Expansion Index UBC Standard 18-2 10 Max. Plasticity Index ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75 (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control con- forming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water dam- age of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Revised 6/15/17 Contract No. 6049/6052/4090 Page 140 of 159 Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition, as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", Janu- ary 2003 edition on the project site and shall conduct its operations in conformity to said Hand- book. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to, temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by sur- face runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the re- sulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the require- ments of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefor. Add the following section: 300-12 STORM WATER POLLUTION PREVENTION PLAN 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution preven- tion work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, here- after referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the 2016 City of Carlsbad Engineering Standards Volume 4 “SWPPP Manual”, “Greenbook” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction (“Hand- book”), the requirements of the Permit, the requirements in the plans and these supplemental provisions. Revised 6/15/17 Contract No. 6049/6052/4090 Page 141 of 159 300-12.2 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 of these Special Provisions. If revisions are required, as determined by the Engineer, the Con- tractor 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 construc- tion 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; 4. Non-storm water management and waste management and disposal control practices. 5. Daily street sweeping Specific objectives and minimum requirements for each category of control measures are con- tained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibil- ities 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 quan- tities 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. 6049/6052/4090 Page 142 of 159 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 oper- ations. 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 Protec- tion Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and main- taining the control measures included in the SWPPP and any amendments thereto and for re- moving and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP imple- mentation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the “Handbook” and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water manage- ment 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. 300-12.4 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, as described in Section 7-8. 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 inspec- tion record to the Engineer, within two days of the inspection. Revised 6/15/17 Contract No. 6049/6052/4090 Page 143 of 159 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 con- struction 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. 300-12.5 Payment. The contract lump sum price paid for the SWPPP work shall include full com- pensation for the design, submittal, obtaining approval, and amending the Tier 2 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. The most recent Tier 2 construction SWPPP Template is available on the City Website and an example is included in Appendix C. Partial payment shall be based on the percentage the total value of work completed. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Con- tractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or re- compact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. Revised 6/15/17 Contract No. 6049/6052/4090 Page 144 of 159 SECTION 302 - ROADWAY SURFACING Add the following: The Contractor shall be responsible for tree trimming along the curb line as noted in Section 300-1 Clearing and Grubbing – so as to provide a clear travel way during the construction of the roadway resurfacing. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to surfacing the street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Payment for pavement surfacing shall include tree trimming and post emergent herbicide treat- ment of the areas to be surfaced and no extra payment will be made therefor. Public Convenience and Traffic Control. The Contractor shall schedule the work so as to pre- vent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses within 500’ of the work. Obtaining the appropriate addresses shall be the contractor’s responsibility. Letters shall be as shown in bold type as follows, with the ap- propriate information specific to the work inserted at the locations indicated in the brackets and italicized. (Name of Contractor) (Address of Contractor) (Contractor’s License Number) (Date) As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be (insert type of resurfacing), beginning in two or three weeks. This process requires that your street be closed for (X hours) starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 ½” x 8 ½” card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street until it is opened by the Contractor. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting. If you don’t plan to leave your home before 7:00 a.m. on the day your street will be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly surfaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very Revised 6/15/17 Contract No. 6049/6052/4090 Page 145 of 159 difficult to remove. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the pro-ject. On the day your street is surfaced mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 ½” x 8 ½” card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contrac-tor, please call the City’s Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly ap- preciated.” During operations, the Contractor’s schedule for resurfacing shall be designed to provide resi- dents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Con- tractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the con- tents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix “A”, with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. Revised 6/15/17 Contract No. 6049/6052/4090 Page 146 of 159 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be con- structed 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. 302-5.5 Distribution and Spreading. Modify as follows: After second sentence of sixth para- graph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General. Modify as follows: Second paragraph, Part (2), add: Pinched joint rolling pro- cedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. Modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). Delete the first paragraph and replace with the fol- lowing: When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor’s operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access co- vers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the ad- justment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment. Add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat or sand blotter. Add the following section: 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Revised 6/15/17 Contract No. 6049/6052/4090 Page 147 of 159 Add the following section: 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with Section 301-1, grading and compaction of base material in conformance with Section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Add the following section: 302-11.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate base/subgrade to 300 mm (1’) below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the base/subgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1’) of subgrade to 95% relative compaction. A tack coat of SS-1h emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0.10gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1.0’) full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish sur- face and density conforming to subsection 302-5.6.2 SSPWC. Add the following section: 302-11.3 Crack Sealing. The Contractor shall wash, blow out and thoroughly dry all cracks des- ignated to be sealed before installing hot poured rubber-asphalt joint sealant material. The sealant shall conform to the requirements of ASTM D1190. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot- melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt seal- ant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pave- ment. Add the following section: 302-11.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid item are for estimating purposes only, final quantity will be as desig- nated and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt concrete patch and crack sealant application areas. Payment for resurfacing shall include post emergent herbicide treatment. Full compensation for conforming to the requirements of con- structing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1’) thick section of existing asphalt concrete, aggregate base/subbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1h asphalt emulsion and all other work incidental Revised 6/15/17 Contract No. 6049/6052/4090 Page 148 of 159 to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary brac- ing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a reg- istered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. Falsework shall be designed, submitted, constructed, and removed in accordance with Caltrans Standard Specification Section 51. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. Add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6” x 6”) by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSEC- TIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) Revised 6/15/17 Contract No. 6049/6052/4090 Page 149 of 159 TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be con- sidered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 303-7 COLORED CONCRETE 303-7.1 General. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or ex- ceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architec- tural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the in- stallation on identical surfaces for approval by the Engineer. Contractor shall provide a mainte- nance schedule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: Refer to 2016 City of Carlsbad Landscape manual for median coloring. Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manu- facturer’s specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). Revised 6/15/17 Contract No. 6049/6052/4090 Page 150 of 159 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 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). EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) (latest version). 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 151 of 159 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 bridg- ing shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 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 ex- ceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contrac- tor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A). Revised 6/15/17 Contract No. 6049/6052/4090 Page 152 of 159 Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longi- tudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6”) of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12” x ¾”) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the pavement section, or other devices approved by the Engineer. 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 com- pletely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: 306-1.1.7.4 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 CAL- TRANS 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 cor- relate skid resistance results to California Test Method 342. In addition to all other required con- struction 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 153 of 159 306-1.2.1 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. 306-1.2.4 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. 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 fol- lowing: 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 materi- als 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 pay- ment 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 CATV and 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. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. 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 other- wise 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. Revised 6/15/17 Contract No. 6049/6052/4090 Page 154 of 159 SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, cross- walks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contrac- tor shall remove by wet grinding all existing or temporary traffic markings and lines that may con- fuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/8”) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (1/4”) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contrac- tor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping re- moval from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Con- tractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete over- lay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contrac- tor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before es- tablishment of the necessary control points. The Contractor shall establish all traffic striping be- tween these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installa- tion of surface course asphalt and as the work progresses. Revised 6/15/17 Contract No. 6049/6052/4090 Page 155 of 159 310-5.6.8 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 and within 72 hours after asphalt/concrete placement for each location. The Contractor shall paint the ends of each median nose yellow. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and tempo- rary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for 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 compen- sation will be allowed therefor. The lump sum prices bid and shall include all labor, tools, equip- ment, materials, and incidentals for doing all work in installing the final and temporary traffic strip- ing. 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 perma- nent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. SECTION 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 place- ment 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 re- move reflective channelizers the same as for pavement marker placement and removal. The Con- tractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310- 5.6.8. 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 re- stored to the same color and surface finish as the adjacent pavement. Revised 6/15/17 Contract No. 6049/6052/4090 Page 156 of 159 SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special pro- visions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in sec- tion 312-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certifi- cate of Compliance in accordance with the provisions of section 4-1.5, "Certification”. Said certif- icate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufac- tured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Revised 6/15/17 Contract No. 6049/6052/4090 Page 157 of 159 Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, mark- ers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is dis- covered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 “Paint Systems” and 310 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the tempo- rary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, “Portland Cement Concrete” and 303-1 “Concrete Structures”.” Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end- connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded on the upper end with a 5-mm (3/16”) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Revised 6/15/17 Contract No. 6049/6052/4090 Page 158 of 159 Add the following section: 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the tempo- rary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved align- ment Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) (latest version) shall also be in- stalled at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or em- bankment was used to accommodate the temporary railing shall be restored to its previous con- dition or constructed to its planned condition. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be “Energite III” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules” manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 stand- ards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cush- ions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for ap- proach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the appli- cation as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) (latest version) shall also be installed at each TSFCC array as shown in CAL- TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cush- ions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and tem- porary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, Revised 6/15/17 Contract No. 6049/6052/4090 Page 159 of 159 channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for in- stallation and/or relocation of K-rails and crash cushions when not shown on the plans and re- quested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. APPENDIX A DOOR HANGAR 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. State Street, from Carlsbad Village Drive to Grand Avenue will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: _XX / XX / XX______________ from XXX A.M. to XXX 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. - APPENDIX B TIER 2 SWPPP TEMPLATE 21 PROJECT NAME: TIER 2STAMPIF APPLICABLE TITLE SHEET TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP) STORM WATER POLLUTION PREVENTION NOTES GENERAL SITE MANAGEMENT REOUIREMENTS THE FOLLOWING GENERAL SITE MANAGEMENT REQUIREMENTS SHALL BE ADHERED TO THROUGHOUT THE DURATION OF THE CONSTRUCTION WORK (YEAR ROUND}. 1. IN CASE EMERGENCY WORK IS REQUIRED, CONTACT:_· _____ FROM_· __ _ AT (TEL.NO.) ______ _ 2. DEVICES SHOWN ON CITY APPROVED PLANS SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE ENGINEERING INSPECTOR. J. THE CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL. 4. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEER DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORSEEN CIRCUMSTANCES WHICH MAY ARISE. 5. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATERS CREATE A HAZARDOUS CONDITION. 6. GRADING AREAS AROUND THE PROJECT PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. 7. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT {40%}. SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL. 8. ALL GRAVEL BAGS SHALL CONTAIN J/4 INCH MINIMUM AGGREGATE. 9. ALL EXPOSED DISTURBED AREAS MUST HA VE EROSION PROTECTION BMPs PROPERLY INSTALLED. THIS INCLUDES ALL BUILDING PADS, UNFINISHED ROADS, AND SLOPES. 10. ADEQUATE PERIMETER PROTECTION BMPs MUST BE INSTALLED AND MAINTAINED AND WILL BE UPGRADED, IF NECESSARY, TO PROVIDE sumCIENT PROTECTION FROM RUNOFF DURING RAIN EVENTS. 11. ADEQUATE SEDIMENT CONTROL BMPs MUST BE INSTALLED AND MAINTAINED. 12. ADEQUATE BMPs TO CONTROL OFFS/TE SEDIMENT TRACKING MUST BE INSTALLED AND MAINTAINED. 13. A MINIMUM OF 125% OF THE MATERIAL NEEDED TOO INSTALL STANDBY BMPs TO PROTECT THE EXPOSED AREAS FROM EROSION AND PREVENT SEDIMENT DISCHARGES, MUST BE STORED ONS/TE. AREAS ALREADY PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED VEGETATION STAB/LIZA TION BMPs ARE NOT CONSIDERED TO BE "EXPOSED" FOR PURPOSES OF THIS REQUIREMENT. 14. THE OWNER/DEVELOPER/CONTRACTOR MUST FOLLOW "MATHER TRIGGERED" ACTION PLAN AND BE ABLE TO DEPLOY STANDBY BMPs TO PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT {A PREDICTED STORM EVENT IS DEFINED AS A 40% CHANCE OF RAIN WITHIN A 5-DA Y NATIONAL M'A THER SERVICE FORECAST). ON REQUEST, THE OWNER/DEVELOPER/CONTRACTOR MUST PROVIDE PROOF OF THIS CAPABILITY. 15. DEPLOYMENT OF PHYSICAL OR VEGETATION EROSION CONTROL BMPs MUST COMMENCE AS SOON AS SLOPES ARE COMPLETED. THE OWNER/DEVELOPER/CONTRACTOR MAY NOT RELY ON THE ABILITY TO DEPLOY STANDBY BMP MATERIALS TO PREVENT EROSION OF SLOPES THAT HA VE BEEN COMPLETED. 16. THE AREA THAT CAN BE CLEARED, GRADED, AND LEFT EXPOSED AT ONE TIME IS LIMITED TO THE AMOUNT OF ACREAGE THAT THE CONTRACTOR CAN ADEQUATELY PROTECT PRIOR TO A PREDICTED RAIN EVENT. FOR LARGER SITES, GRADING SHOULD BE PHASED. IT MAY BE NECESSARY TO DEPLOY EROSION AND SEDIMENT CONTROL BMPs IN AREAS THAT ARE NOT COMPLETED, BUT ARE NOT ACTIVELY BEING WORKED BEFORE ADDITIONAL GRADING IS ALLOWED TO PROCEED, AT THE DISCRETION OF THE CITY INSPECTOR. 17. ALL DISTURBED AREAS THAT ARE NOT COMPLETED AND/OR NOT BEING ACTIVELY GRADED MUST BE FULLY PROTECTED FROM EROSION IF LEFT FOR 14 OR MORE DAYS. THE ABILITY TO INSTALL BMP MATERIALS IN A PROMPT MANNER IS .J:JJ2I SUFFICIENT. BMPs NEED TO BE INSTALLED IN THESE AREAS. 18. BMPs MUST BE STOCKPILED AT VARIOUS LOCATION THROUGHOUT THE PROJECT SITE THROUGHOUT THE YEAR. WHENEVER THERE IS A 40% CHANCE OR GREATER OF A RAIN WITHIN A THREE {3) DAY FORECAST, THE INSPECTOR WILL VERIFY THAT BMPs ARE ADEQUATELY STOCKPILED. BMPs MUST BE STOCKPILED AND READY FOR DEPLOYMENT WHEN THERE IS 50% CHANCE OF RAIN WITHIN A 48 HOUR FORECAST. FAILURE TO COMPLY WITH THIS REQUIREMENT COULD RESULT IN THE ISSUANCE OF A STOP WORK NOTICE OR OTHER ENFORCEMENT ACTION. 19. ALL TREATMENT AND EROSION CONTROL BMPs MUST BE INSPECTED WEEKLY AND PRIOR TO A FORECASTED RAIN EVENT OF GREATER THAN 50%, AND AFTER A RAIN EVENT. IN ADDITION, TREATMENT CONTROL BMPs MUST BE SERVICED AS NEEDED THROUGHOUT THE YEAR. 20. IF SELECTED BMP FAILS DURING A RAIN EVENT, IT MUST BE REPAIRED OR IMPROVED OR REPLACED WITH AN ACCEPTABLE AL TERNA TE AS SOON AS IT IS SAFE TO DO SO. THE FAILURE OF A BMP IND/CA TES IT WAS NOT ADEQUATE FOR THE CIRCUMSTANCES IN WHICH IT WAS USED. REPAIRS AND REPLACEMENT MUST THEREFORE PUT A MORE ROBUST BMP MEASURE IN PLACE. 21. ALL CONSTRUCTION EMPLOYEES MUST BE TRAINED ON THE IMPORTANCE OF STORM WATER POLLUTION PREVENTION AND BMP MAINTENANCE. WEATHER TRIGGERED ACTION PLAN THE DEVELOPER SHALL DEPLOY STANDBY BEST MANAGEMENT PRACTICE MEASURES TO COMPLETELY PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT { A PREDICTED STORM EVENT IS DEFINED AS A FORECASTED, 40% CHANCE OF RAIN BY THE NATIONAL WEATHER SERVICE), IN ADDITION TO BMPs IMPLEMENTED YEAR-ROUND INCLUDING PERIMETER CONTROL, WIND EROSION CONTROL, TRACKING, NON-STORM WATER CONTROL, WASTE MANAGEMENT, AND MATERIALS POLLUTION CONTROL. THE NATIONAL WEATHER SERVICE FORECAST SHALL BE MONITORED AND USED BY THE DEVELOPER ON A DAILY BASIS. IF PRECIPITATION IS PREDICTED {40% CHANCE OF RAIN), THEN THE NECESSARY WATER POLLUTION CONTROL PRACTICES SHALL BE DEPLOYED WITHIN 48 HOURS AND PRIOR TO THE ONSET OF THE PRECIP/TA TION. THE DEPLOYMENT OF THE BMPS SHALL INCLUDE BUT NOT BE LIMITED TO GRAVEL BAGS AND SILT FENCES. A MINIMUM OF 125% OF THE MATERIAL NEEDED TO INSTALL STANDBY BEST MANAGEMENT PRACTICES MEASURES TO PROTECT THE EXPOSED AREAS FORM EROSION AND PREVENT SEDIMENT DISCHARGES MUST BE STORED ON-SITE. AREAS THAT HAVE ALREADY BEEN PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED VEGETATION STAB/LIZA TION BMPS AS DETERMINED BY THE CITY OF CARLSBAD ARE NOT CONSIDERED TO BE "EXPOSED" FOR THE PURPOSES OF "WEATHER TRIGGERED ACTION PLAN~ AN ADEQUATE SOURCE OF EQUIPMENT AND WORKERS SHALL BE AVAILABLE FOR DEPLOYMENT OF "M'A THER TRIGGERED BMPS~ EROSION CONTROL HYDROSEEDING. PLANTING AND /RR/GA TION 1. ALL PERMANENT AND TEMPORARY EROSION CONTROL PLANTING AND /RR/GA TION SHALL BE INSTALLED AND MAINTAINED AS REQUIRED IN SECTION 212 OF THE STANDARD SPECIF/CATIONS AND THE FOLLOWING: A HYDROSEEDING SHALL BE APPLIED TO: 1 ALL SLOPES THAT ARE GRADED 6: 1 {HORIZONTAL TO VERTICAL) OR STEEPER WHEN THEY ARE: a. THREE FEET OR MORE IN HEIGHT AND ADJACENT TO PUBLIC WALL OR STREET. b. ALL SLOPES 4 FEET OR MORE IN HEIGHT. 2 AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE FOLLOWING CONDITIONS EXIST: a. NOT SCHEDULED FOR IMPROVEMENTS {CONSTRUCTION OR GENERAL LANDSCAPING) WITHIN 60 DAYS OF ROUGH GRADING. b. IDENTIFIED BY THE PARKS AND RECREATION DIRECTOR AS HIGHL Y VISIBLE TO THE PUBLIC. c. HA VE ANY SPECIAL CONDITION IDENTIFIED BY THE CITY ENGINEER THAT WARRANTS IMMEDIATE TREATMENT. B HYDROSEEDING AREAS SHALL BE /RR/GA TED IN ACCORDANCE WITH THE FOLLOWING CRITERIA: 1 ALL SLOPES THAT ARE GRADED 6: 1 OR STEEPER AND THAT ARE: a. THREE TO EIGHT FEET IN HEIGHT SHALL BE /RR/GA TED BY HAND WATERING FROM QUICK COUPLERS/HOSE BIBS OR A CONVENTIONAL SYSTEM OF LOW PRECIPITATION SPRINKLER HEADS PROVIDING 100% COVERAGE. b. GREATER THAN 8 FEET IN HEIGHT SHALL BE WATERED BY A CONVENTIONAL SYSTEM OF LOW PRECIPITATION SPRINKLER HEADS PROVIDING 100% COVERAGE. 2 AREAS SLOPED LESS THAN 6: 1 SHALL BE /RR/GA TED AS APPROVED BY THE CITY ENGINEER, PRIOR TO HYDROSEEDING. THE DEVELOPER SHALL SUBMIT A PROPOSED SCHEME TO PROVIDE /RR/GA TION TO THE CITY ENGINEER. THE PROPOSAL SHALL BE SPECIFIC REGARDING THE NUMBERS, TYPE, AND COSTS OF THE ELEMENTS OF THE PROPOSED SYSTEM. 3 /RR/GA TION SHALL MAINTAIN THE MOISTURE LEVEL OF THE SOIL AT THE OPTIMUM LEVEL FOR THE GRADING OF THE HYDROSEEDED GROWTH. C HYDROSEEDING MIX SHALL CONSIST OF ALL OF THE FOLLOWING: D 1 SEED MIX SHALL CONSIST OF NO LESS THAN: a. 20 lbs. PER ACRE OF ROSE CLOVER b. 20 lbs PER ACRE OF ZORRO FESCUE c. Jibs PER A CR£ OF E SCHOOL CIA CALIFORNICA d. 4 lbs PER ACRE OF ACHILLEA MILLEFOLIA e. Jibs PER ACRE OF AL YSSUM {CARPET OF SNOW) f. 1 /2 lb. PER A CR£ IF 0/MORPHOLECA g. ITEMS c, d, e, AND f OF THIS SUBSECTION MAY BE OMITTED ON VISIBLE FROM EITHER A PUBLIC STREET OR RESIDENTIAL STRUCTURES. h. ITEM a OF THIS SUBSECTION MUST BE INOCULATED WITH A NITROGEN FIXING BACTERIA AND APPLIED DRY EITHER BY DRILLING OR BROADCASING BEFORE HYDRO.SEEDING. i. ALL SEED MATERIALS SHALL BE TRANSPORTED TO THE JOBS/TE IN UNOPENED CONTAINERS WITH THE CALIFORNIA DEPARTMENT OF FOOD AND A GR/CUL TUR£ CERT/FICA TION TAG ATTACHED TO, OR PRINTED ON SAID CONTAINERS. j NON-PHYTO-TOX/C WETTING AGENTS MAY BE ADDED TO THE HYDROS.EEO SLURRY AT THE DISCRETION OF THE CONTRACTOR. 2 TYPE 1 MULCH APPLIED AT THE RA TE OF NO LESS HAN 2000 lbs PER ACRE. TYPE 6 MULCH {STRAW) MAY BE SUBSTITUTED, WHEN STRAW IS USED, IT MUST BE ANCHORED TO THE SLOPE BY MEGHAN/CALLY PUNCHING NO LESS THAN 50% IF THE STRAW INTO THE SOIL. 3 FERTILIZER CONSISTING OF AMMONIUM PHOSPHATE SULFA TE, 16-20-0 WITH 15% SULPHUR APPLIED AT THE RA TE OF 500 lbs. PER ACRE. AREAS TO BE HYDRO.SEEDED SHALL BE PREPARED PRIOR TO HYDRO.SEEDING: 1 ROUGHENING THE SURFACE TO BE PLANTED BY ANY OR A COMB/NA TION OF: a. TRACK WALKING SLOPES STEEPER THAN 6: 1. b. HARROWING AREAS 6: 1 OR FLATTER THAT ARE SUFFICIENTLY FRIABLE. 2 AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE FOLLOWING CONDITIONS EXIST.· a. ADJUSTING THE SURF A CE SOIL MOISTURE TO PROVIDE A DAMP BIT NOT SATURATED SEED BED. b. THE ADDITION OF SOIL AMENDMENTS, PH ADJUSTMENT, LEACHING CO VER/NG SALINE SOILS TO PRO VIDEO VIABLE CONDITIONS FOR GROWTH. E HYDRO.SEEDING AREAS SHALL BE MAINTAINED TO PROVIDE A VIGOROUS GROWTH UNTIL THE PROJECT IS PERMANENTLY LANDSCAPED OR, FOR AREAS WHERE HYDRO.SEEDING IS THE PERMANENT LANDSCAPING, UNTIL THE PROJECT IS COMPLETED AND ALL BONDS RELEASED. 2. ALL SLOPES SHALL HA VE /RR/GA TION INSTALLED AND BE STABILIZED, PLANTED AND/OR HYDROSEEDED WITHIN TEN {70) DAYS OF THE TIME WHEN EACH SLOPE IS BROUGHT TO GRADE AS SHOWN ON THE APPROVED GRADING PLANS. 3. SHOULD GERM/NATION OF HYDRO.SEEDED SLOPES FAIL TO PROVIDE EFFICIENT COVERAGE OF GRADING SLOPES {90% COVERAGE) PRIOR TO OCTOBER 1, THE SLOPES SHALL BE STABILIZED BY AN APPROPRIATE EROSION CONTROL MA mNG MATERIAL APPROVED BY THE PUBLIC WORKS INSPECTOR. 4. LANDSCAPING SHALL BE ACCOMPLISHED ON ALL SLOPES AND PADS AS REQUIRED BY THE CITY OF CARLSBAD LANDSCAPE MANUAL, THE LANDSCAPING PLANS FOR THIS PROJECT OR AS DIRECTED BY THE CITY ENGINEER OF PLANNING DIRECTOR. 5. THE OWNER/APPLICANT SHALL ENSURE THAT ALL CONTRACTORS SHALL COORDINATE THE WORK OF THIS CONSTRUCTION SWPPP SHOWN ON ANY GRADING PLANS, LANDSCAPE AND /RR/GA TION PLANS, AND IMPROVEMENT PLANS AS REQUIRED FOR THIS PROJECT WORK. SW -CITY or OCEANSIDE ------ BEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE Erosion Control Sediment Control BMPs Tracking Non-Storm Water Waste Management and Materials BMPs Control BMPs Management BMPs Pollution Control BMPs <:: -<:: <:: :£ --2 -2 <:: ai -0 --0, C ., -0 -0 <:: "' § " " <:: ~ ·E E <:: ~ <:: .2 -2 2 :£ .g. C C 0 E -., -:::;; -0 "' 0, ,._ ..!! --.s ~ :, 0 0, -~o <:: ., -~ .s "' "' "' §! ~ 0 .§ "' ., c-0, g. ~ .s (5 !;? -Oo <:: "' <:: § ;!E _ Best Management Practice• ., ~ .s g. 8 ,._ ., "' <:: 0, 0, "' " "' tO: .s 8E ., -~ ., --i 1:: .s ii .s E "' -0 "' 3E -0 "' :::;; ~ ., <:: <:: (BMP) Description ➔ -2~ -0 "' ., (/) ., ~ 0, ~ 0, "' e§ 0, <:: <:: a ::, -., "' "' "' -., ., :, ~ Q) ~ " -C ~ lr) .£ al~ -0 8 m §_§ 0 0, ., i~ " E ., E §! 0, "" <:: a C 0, c::,._ ., ~ ., ., -:::;; a "' <:: ., a:: E C -·""' .... ~ ., ~-S 0 ., -~ "" ct: e .g ., -., ~-£ "' " :S -~ ~ .§ ts ~ -:, '€1 E~ ~ Ct) ~ ~ o,-:a ·-0, ~ 0, ,._ 0, ., 0, C ., -0 ., ~ ., :, ·--0 <:: C -~ § ~ C -0 C O C t; C "' ., ~ -g. I!:' " o..;~ .Q I!:' .Q 0 ., " ·-,._ 2 -,._ " ~c: ., ·-C C ~~ --0 ., ~ <:: ~ ct C o, 2c ~c ~i -<:: ., CC -C :.::: § " <:: <:: <:: ct~ ., ~ vi v; <l'l 6 ~ ti~ ell en£ ~ ct C ~ts :::;; u, C -b}-8 ell :::;; 0 C CC :,: <o (/) a:: ct. a Cl_ :::;; (/) :,: :::;; o:::;; CASQA Designation ➔ "' ..,. " cc 0, -.,., ..,. "' " cc c:, "' .,., " cc -"' .,., ..,. "' lO cc --lO --- ~ ~ ~ I I ~ ~ ~ I ~ ~ ~ ~ ~ I I I J, J, I I I I I I I I &l &l bl fl': fl': (/) "' i i i i i i i Construction Activity :ae: :ae: :ae: :ae: Grodina/Soil Disturbance Trench inn /[xcavation Stockoilina Drillinn /Barino Concrete/Asphalt Sawcuttinq Concrete Flatwork Pavinq Conduit/Pioe Installation Stucco/Mortar Work Waste Disoosal Staqina/Lay Down Area [auioment Maintenance and Fuelina Hazardous Substance Use/Storoae Dewaterina Site Access Across Dirt Other (list): Instructions: 1. Check the box to the left of all applicable construction activity (first column} expected to occur during construction. 2. Located along the top of the BMP Tobie is a list of BMP's with it's corresponding California Stormwater Quality Association (CASQA} designation number. or more BMPs you intend to use during construction from the list. Check the box where the chosen activity row intersects with the BMP column. Choose one J. Refer to the CASQA construction handbook for information and details of the chosen BMPs and how to apply them to the project. LEGEND (DELETE ITEMS NOT USED ON THE SITE MAP) DESCRIPTION EC-10, VELOCITY DISS/PA TION SE-1, SILT FENCE SE -5, FIBER ROLL SYMBOL -,. __ ,. - SE-6, GRAVEL BAG = OWNER'S CERTIFICATION· I UNDERSTAND AND ACKNOWLEDGE THAT I MUST.· (1) IMPLEMENT BEST MANAGEMENT PRACTICES {BMPs) DURING CONSTRUCTION ACTIVITIES TO THE MAXIMUM EXTENT PRACTICABLE TO A VOID THE MOB/LIZA TION OF POLLUTANTS SUCH AS SEDIMENT AND TO A VOID THE EXPOSURE OF STORM WATER TO CONSTRUCTION RELATED POLLUTANTS; AND (2) ADHERE TO, AND PACIFIC OCEAN TR-1, STABILIZED CONSTRUCTION ENTRANCE WIIIIIIIIIIIIIIIIII~ NS-B, VEHICLE AND EQUIPMENT CLEANING NS-B AT ALL TIMES. COMPLY WITH THIS CITY APPROVED TIER 2 CONSTRUCTION SWPPP THROUGHOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND SIGNED OFF BY THE CITY OF CARLSBAD. NS-9, VEHICLE AND EQUIPMENT FUELING NS-9 OWNER{S)/ OWNER'S AGENT NAME {PRINT) DATE NS-10, VEHICLE AND EQUIPMENT MAINTENANCE NS-10 78 CITY OF VISTA A CITY OF ENCINITAS VICINITY MAP SHEET INDEX: SHEET 1: TITLE SHEET SHEET 2: EROSION CONTROL PLANS APN: ----------------- SITE ADDRESS: AREA OF DISTURBANCE AREA OF DISTURBANCE _____ S.F. (THIS AREA INCLUDES BUT IS NOT LIMITED TO OFF-SITE WORK INCLUDING PUBLIC IMPROVEMENTS AND TEMPORARY DISTURBANCE SUCH AS VEHICLE AND EQUIPMENT STAGING AREAS, CONSTRUCTION WORKER FOOT TRAFFIC, SOIL/GRAVEL PILES, UTILITY TRENCHES, BACKFILL CUTS AND SLOPE KEYWA YS) CONSTRUCTION THREAT: CONSTRUCTION THREAT TO STORM WATER QUALITY {CHECK BOX): □ HIGH □ MEDIUM OWNER/APPLICANT: NAME: ADDRESS: TELEPHONE NO.: EMERGENCY CONTACT: NAME: ADDRESS: TELEPHONE NO.: ~-1, MATERIAL DELIVERY AND STORAGE WM-1 ~o_WN_E,_R(_sJ_1_o_WN_'ER_'s_A_G_'EN_T_N_:.1M_'E_(_s1G_N_:.1ru_R_E_) ___ o_A_TE _______ ----< I SHEET I CITY OF CARLSBAD I SHEETS I ENGINEERING DEPARTMENT ~=:::::....::===========:...:::::===: ~-2, MATERIAL USE WM-2 NAME OF PREPARER: ___________ _ CITY STORM WATER POLLUTION PREVENTION PLAN (SllPPP) ~-5, SOLID WASTE MANAGEMENT WM-5 QUALIFICATION OF PREPARE,_· _________ _ ~-9, SANITARY/SEPTIC WASTE MANAGEMENT ~-9 ADDRESS: ______________ _ CONCRETE BROW DITCH ¢::::::i PHONE NO.: ______________ _ PROJECT ID DRAWING NO. SIGNATURE: R.C.E:./CE:RT. NO. L/C. EXP. DATE: DATE: 22 PROJECT NAME: TIER 2 SAM P L E EROSION CONTROL PLAN le \ \ 8 / \ \ ) / 'j ) t APN 156-351-04 I I \ 1/ I I I ' ( I \ \ \ \ I I I I I I TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) I \ \ ' \ I 'I/ I I I r ill I I I I I I I I I I I . ~ I APN 156-350-11 ...____....) \ \. i 0-""-- ---- ----\ LO .--.-- \ I I / I ,, I I I I I I / / I r ~I / ' I 1 ,c ,' 15-t J I \ ____ i __________ ' __ \ -----------_ ___,___ - LO 01 I I I I I I I ' '\ \ I I I I I I I I I I I • T \ I \ APN 156-351-05 \ \ I \ ) I \ " 0 0 .--\ \ )\_ I APN 156-351-06 / • I "' I< \ I I I \ \ , I ( \ V/l ( ' \ \ / \ ~\ \ \' ( ~ ( l f )\ > \ ) \ f \ \ ( ) I ✓-PROJECT BOUNDARY : . ' \ \ 6-' _.> _, 0 ~- EXISTING HOUSE l f \ ' \ \ I / ( \ \ l 0 ~ ~ ) I I I I j \ ( ~ "' I'-,, \ I \ kl \ I I I I I \ I I ) I I ~ ' \ l I I ,--,.. \ I '\I c__,. I \ \ ii --- I \ \ I ! ( I I I ,- \ I ~ J I I \__ ..,,.--- ) I I f t / I < I I ' I I I I 0 u -~...; 0 -A-4 '-- I l [ / ---- \ I I I I I \ J APN I \ \' I~\ ~ I I 111 \ f---- - l APN i------ I I l I ,- I ---r \ I l /1PN I SHEET I CITY OF CARLSBAD I SHEETS I ENGINEERING DEPARTMENT STORM WATER POLLUTION PREVENTION PLAN (SWPPP) DWN BY: I PROJECT NO. I DRAWING NO. CHKD BY: RVWD BY: APPENDIX C SIGNING AND STRIPING NOTES CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS GENERAL NOTES: 1.The contractor is responsible for installation of all signing and striping. 2.All signing, striping and pavement markings shall conform to the California Manual on Uniform Traffic Control Devices (latest version), the Caltrans Standard Plans and Specifications (latest version), these plans and the Special Provisions. 3.All signing and striping is subject to the approval of the Public Works Director or her representative, prior to installation. 4.Any deviation from these signing and striping plans shall be approved by the Public Works Director or her representative prior to any change in the field. 5.All striping shall be reflective per Caltrans specifications. Striping shall be repainted two weeks after initial painting. 6.All permanent signage shall be reflective per ASTM Designation D4956 and shall use Type IV prismatic reflective sheeting (High Intensity Prismatic or equal) unless otherwise specified. R1-1 “STOP”, R1-2 “YIELD”, R2-1 “SPEED LIMIT” and street name signs shall use Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 7.Prior to final acceptance of street improvements, all street striping and markings within a 200’ perimeter of the construction project will be restored to a “like new” condition, in a manner meeting the approval of the City Inspector. 8.Exact location of striping and stop limit lines shall be approved by the Public Works Director or her representative prior to installation. 9.Contractor shall remove all conflicting painted lines, markings and pavement legends by grinding. Debris shall be promptly removed by the contractor. 10.All pavement legends shall be the latest version of the Caltrans stencils. 11.Limit lines and crosswalks shall be field located. Crosswalks shall have 10’ inside dimension unless otherwise specified. 12.All crosswalks, limit lines, stop bars, pavement arrows and pavement legends shall be thermoplastic unless otherwise specified. Preformed thermoplastic arrows and legends shall not be acceptable. 13.Bike lane legends and arrows shall be painted. 14.Size of signs shall be based upon the recommended sign sizes found in the California Manual on Uniform Traffic Control Devices unless otherwise specified. 15.Sign posts shall be square perforated steel tubing with breakaway base per San Diego Regional Standard Drawing M-45. 16.When a sign is attached to a pole, it shall be mounted using a standard City of Carlsbad approved mounting bracket with straps. 17.Existing signs removed by the contractor shall be delivered by the contractor to the City of Carlsbad Public Works Yard at 405 Oak Avenue. CITY OF CARLSBAD STANDARD NOTES FOR SIGNING AND STRIPING PLANS 18.All signs shown on these plans shall be new signs provided and installed by the contractor except those signs specifically shown as existing to be relocated or to remain. 19.Fire hydrant pavement markers shall conform to the California MUTCD and San Diego Regional Standard Drawing M-19. 20.Lettering on ground-mounted street name signs on streets with a speed limit of 25 mph or less shall be 4” upper case and 3” lower case. Lettering on all other ground-mounted street name signs shall be 6” upper-case and 4.5” lower-case. Lettering font shall be Clearview. Supplemental lettering such as suffixes, block numbers and directional arrows shall be at least 3” high. Street name signs for public streets shall have white lettering on a green background. Street name signs for private streets shall have black lettering on a white background. 21.Street name sign blanks shall be flat (non-extruded) and street name posts shall be a minimum 12-gage, 1¾” square tubing per San Diego Regional Standard Drawing M-45. 22.Where R6-1 “ONE WAY” signs are installed in a raised median, the bottom of the sign shall be 18” above the finished surface of the median. 23.Where OM1-3 object markers are installed in a raised median, the bottom of the sign shall be 24” above the finished surface of the median. 24.Where R4-7 sign and OM1-3 object marker are to be installed in a median less than 3 feet wide, the R4-7 sign shall be 18”x24” and the OM1-3 object marker shall be 12”x12”. 25.All median noses and flares shall be painted yellow. 26.Existing “STOP” and “STOP AHEAD” signs and pavement legends shall not be removed until traffic signals are operational or until directed by the Public Works Director or her representative. 27.New “SIGNAL AHEAD” signs and pavement legends shall not be installed until traffic signals are operational or until directed by the Public Works Director or her representative. APPENDIX D STANDARD DRAWINGS · ... . ·-·•· ;.. w z ::J CD a:: ::::> 6"u /·;;,?:\:: 1-11" 2" -1 2'' WEAKENED PLANE JOINT GUTTER LINE w z ::J CD a:: ::::> 6"u .. .. ·-·.·;.. :::-~/\-:: .. ' . . 1-12" -1 2'' WEAKENED PLANE JOINT GUTTER LINE 6" CURB AREA=0.89 Sq. Ft. 8" CURB AREA= 1.12 Sq. Ft. w z ::J CD ~ WIDTH SHOWN ON PLANS 18" MIN GUTTER ELEVATION 1/2'' WEAKENED PLANE JOINT 1-1 /2'' EXCEPT WHERE ELEVATIONS SHOWN INDICATE OTHERWISE GUTTER NOTES: 1. CONCRETE SHALL BE 520-C-2500. 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING KERCHEVAL 12/75 ORIGINAL ADD METRIC T. STANTON 03/03 EFORMATTE T. STANTON 04/06 CURBS AND GUTTER -SEPARATE UPDATED MR MR/CV 11/11 UPDATED CV CV 12/15 LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 10 '25, '2018 Chai DRAWING G-01 NUMBER Revision ORIGINAL I 6" r--- 1YPE G H NOTES: 1. CONCRETE SHALL BE 520-C-2500. w z ::J (IJ oc:: ::::, u w 24" 30" 2" WEAKENED PLANE JOINT * 6" CURB HEIGHT 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. *AREA 1.34 SQ. FT. 1.60 SQ FT. By Approved Date KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING ADD METRIC T. STANTON 03/03 REFORMATTE[ T. STANTON 04/06 CURB AND GUTTER -COMBINED UPDATED MR MR/CV 11/11 UPDATED CV CV 12/15 Cf) z 0 ~ ~ w _J Cf) w 3:: w oc:: oc:: w w :::r:: :::r:: t:i 3: I-w 0.... ~ w u u ci X w ~ °N z .......... 3: ~ 0 I :::r:: ~ Cf) .. ., . . it • . · .. LEGEND ON PLANS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ~ -, J~ 10/25/2018 Chaiwerson R.C.E. 19246 Date DRAWING NUMBER G-02 VARIES 1/2" R ,-~<'-* / ~ r----_ _J ~ / I L___ I ---_J ---- 1/2" R NOTES: 1. CONCRETE SHALL BE 520-C-2500. WIDTH AS SHOWN ON PLANS 4" --2% MAX CROSS-SLOPE . i,L..C----------... · .· .. ,.. .. ·•· NON-CONTIGUOUS 2'' WEAKENED PLANE JOINT WIDTH AS SHOWN ON PLANS 4" --2% MAX CROSS-SLOPE CONTIGUOUS 1/2'' R 1/2'' R LEGEND ON PLANS 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. Revision By Approved Date ORIGINAL KERCHEVAL 12/75 ADD METRIC T. STANTON 03/03 EFORMATTE T. STANTON 04/06 UPDATED MR MR/CV 11/11 REVIEWED CV CV 12/15 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK -TYPICAL SECTIONS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Chai DRAWING NUMBER 10. '25. '2018 G-07 MID POINT OF CURB RITURN ~ P.C.R. ~--· ----·._-__ · · ... _ -__ · . __ \'J----...-.,__ _.---_. . -----r----_ ·._ lr---___ -----r----r--------r-; -_. -.----------r--------r----11 £'··· ... _·_._. I ·1 ... -·· .. !_._.-. .. . .. ·.1 · ·7 I 5' lYP.' 15' lYP. 45' lYP. ------ -:_·. --·----· NOTES: 1. EXPANSION JOINTS - - -AT CURB RITURNS, ADJACENT TO STRUCTURES AND AT 45' INTERVALS. (SEE STANDARD DRAWING G-10). 2. WEAKENED PLANE JOINTS------AT MID POINT OF CURB RITURN, WHEN REQUIED, AND AT 15' INTERVALS FROM P.C.R. (SEE STANDARD DRAWING G-10). 3. 1/4" GROOVES---WITH 1/4" RADIUS EDGES AT 5' INTERVALS. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING ORIGINAL KERCHEVAL 12/75 RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE I ADD METRIC T. STANTON 03/03 .._ J~ 10/25/20111 REFORMATTEC T. STANTON REVIEWED CV CV 04/06 SIDEWALK JOINT LOCATIONS 12/15 Chaiwerson R.C.E. 19246 Date DRAWING NUMBER G-09 1/4" ..... . . . .. . ·. .... ·.· .. · ...• t ... . . .... . EXPANSION JOINT FILLER MATERIAL 1/8" R .. . .. . .... ,,. -l I-1 /2'' (PAVEMENT) ·. ,.. 1 / 4" MIN - 1 /2'' MAX (SIDEWALK) EXPANSION JOINT 1/8" R . . .. : ... · .... -: : .. · ........ . 1/2'' (#4) x 24" SMOOTH, GREASED OR OILED BAR, 30" ON CENTER CONTACT JOINT T 1/8" R 1/8" PREFORMED JOINT FILLER ....... ·. . . : . .· .. · .. ·· ....... . ·.··. ·.·· -l l-1/4" ... .. . ·. . . ... •• i,,: •• • •.L. • •: • I, •. • •• • • • • .• • •• •. WEAKENED PLANE JOINT CURB AND SIDEWALK 1-1/2'' . . . . ..... : .... : ·.· .. E -j j-1/4" .. . ··4 . ... .,: ·•.· ....... . .. .: ...... WEAKENED PLANE JOINT GUTTER AND CONCRETE PAVEMENT 1/8" ... ·. l-1-5/8" KEYED JOINT . . . . ..... · ... : ..... T .... . Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL PARKINSON 02/95 AOD METRIC T. STANTON 03/03 T. STANTON 04/06 UPDATED CV MR/CV 11/11 REVIEWED CV CV 12/15 CONCRETE JOINT DETAILS DRAWING NUMBER 10. '25, '201& G-10 I•., MONOLITHIC CURB IF SPECIFIED OR REQUIRED SIDEWALK CURB Z 4'-0" Z l.._A PLAN -lYPE A MONOLITHIC CURB IF SPECIFIED OR REQUIRED TRANSITION AREA FACE OF CURB LIP OF GUTTER 4' MIN R W SIDEWALK ~-t------- ------+------R / W :5 ~ L&J Cl en ··,.· .·"::. ;(./>. ~i~1 .x5 SEE lYPE B X ELEVATION NOTES: TOP OF CURB GUTTER FLOW LINE FACE OF CURB 4" THICK MIN 1. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 2. FOR TRUNCATED DOMES DETAILS, SEE STANDARD DRAWING G-30. 3. Z SIDE SLOPE SHALL BE 1 0: 1. 4. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 5. SEE STANDARD DRAWING G-32B FOR X, Y, AND Z DETAILS. Revision By Approved Date SAN DIEGO REGIONAL STANDARD ORIGINAL BAHMANIAN 04/86 REVISED z 4'-o" z l_A LIP (TOE) OF GUTTER PLAN -lYPE B 5% MAXIMUM GUTTER APRON SLOPE AT RAMP OPENING SEE DETAIL B STANDARD DRAWING G-32A SECTION A-A RECOMMENDED BY THE SAN DIEGO DRAWING REGIONAL STANDARDS COMMITTEE T. STANTON 04/06 10. '25, '2018 UPDATED MR MR/CV 03/12 CURB RAMP -TYPES A AND B Chai REVIEWED CV CV 12/15 (NEW CONSTRUCTION) DRAWING G-27 REVISED KE TS/RAP 11/17 NUMBER TRUNCATED DOMES 5% MAX GUTTER APRON SLOPE AT RAMP OPENING I. CT . · .. ,· .. , .. • • • .. : :• :~ •• .-: • • • I• • 4'-0" A..J PLAN~ , I , 4'-o", I , CT . I ELEVATION 4' -0" MINIMUM LANDING 3'-0" TRUNCATED DOMES SEE NOTE 3 MONOLITHIC CURB MEET SIDEWALK ELEVATION BACK OF SIDEWALK X FACE OF CURB (TOE) OF GUTTER TOP OF CURB GUTTER FLOW LINE ~-!> :'.-~-:: . ,.·_ - -,.-;-.. ~-~-_j~~~:-~"""·_~ ... _---:"'"'· --~""'~-·LA.l:p."'"',_ -~: ·""<.'9"':'_.~,.;;~::;.:_~~~~~ .. ~-~~:·· ~;;;;,._~;..-~ ~~-.-.~ .• _=·.:· ':"'-:<~-~':"'.'. __ · .. ~~ .. -~.~~ .. ~~·,.~~~_-::-.:_:::~-::-,.._!_.-.. 7-;;·:~.:.--.:,'> ;.-..: --4" THICK MINIMUM SEE STANDARD DRAWING G-32A, DETAIL B NOTES: 12" SECTION A-A 1. TYPE C ARE ONLY TO BE USED TO MITIGATE EXISTING CONDITIONS WHERE INADEQUATE RIGHT OF WAY EXISTS. TYPE C RAMP IS NOT TO BE USED IN NEW CONSTRUCTION, UNLESS APPROVED BY AGENCY. 2. SEE STANDARD DRAWING G-32A FOR GENERAL NOTES. 3. LANDING CROSS SLOPE SHALL BE 2.0% MAX IN BOTH DIRECTIONS. 4. FOR TRUNCATED DOMES, SEE STANDARD DRAWING G-30. 5. CT (CURB TRANSITION) SHALL BE 8.33% MAXIMUM. 6. SEE STANDARD DRAWING G-32B FOR X, Y, AND CT DETAILS. Revision By Approved Date RECOMMENDED BY lHE SAN DIEGO SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL R. MUNOZ 05/97 REVISED T. STANTON 04/06 10. '25. '2018 UPDATED MR MR/CV 03/12 CURB RAMP TYPE C UPDATED CV T. STANTON 12/15 (FOR EXISTING SIDEWALK) DRAWING G-29 UPDATED KE T. STANTON 10/18 NUMBER NOTES 1. Structural steel tubing used for post & sleeves shall be galvanized 12 gauge cold rolled steel, of the nominal dimensions shown hereon and meet the requirements of ASTM A446 Grade A. 2. Galvanizing shall be per ASTM A525. Posts & sleeves shall have 7 /16" dia. holes spaced 1" o.c. ±1/8" & shall have no more variation in straightness than 1/16" in 3'. Posts shall be square within ±0.014", have twist no greater than 0.062" in 3' and have corner radii of 5/32" ±1/64". 3. The signs shall be mounted on posts in accordance with Section 56, "Signs" of the State Standard Specifications. All fastening hardware is to be provided by the Contractor. 4. Maximum sign size 5.2 sq. ft. 6' 1 3/4"x 1 3/4" 12 Gauge Post {Unless Otherwise Shown on Plans) __ _ C C'I 'iii -0 ... Q) ..... C Q) 0 0 ..... in i---N cx:i E ::::, E ·x C :::iE 2 1/4"x 2 1/4" 12 Gauge Post 2"x 2"-12 Gauge Post----_,, •1 lo lol lol lol 2''± ~ 0 3/8" Rivet {typ.) 0 0 0 0 o Rivet Specification o Dimension: 3/8" Dia. Shank 0 7/8" Dia. Head Grip Range: .200-.356 ° Finish: Electro-Galvanize 0 0 0 0 0 0 ASTM-8-633 Type Ill SCI 3/8" Rivet (typ.) '!::!--~ o '(. Existing Ground -----l l---2• Anchor Post Revision By Approved Date G. Parkinson 02/95 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Revised D. Gerschoffe 09 / 15 Reviewed K. Equipado 10/18 BREAK-AWAY SIGN POST DRAWING NUMBER 10. '25. '201/J M-45 DR A W N B Y : SC A L E : CH E C K E D B Y : AP P R O V E D B Y : DR A W I N G N O . CI T Y O F N A P A PU B L I C W O R K S D E P A R T M E N T CA L T R A N S S T A N D A R D P L A N A 8 8 A CU R B R A M P D E T A I L S IH H S- 9 JB L AP P R O V A L D A T E : RE V I S E D D A T E : LF M 06 / 2 0 1 8 NO N E Gutter not ahown l~I X SIDEWALK i~ ·1.sx Max ~ 4'-2" Min CASED _J1 a· Min HIGH RETAINING CURS SEE NOlE 10 I !o i SIDEWALK FRONT EDGE OF 't"I \ ~ 1 SIDEWALK B" 11ln HIGH RETAINING CURB A CASE F RETAINING gi~IWJl"IAMP) SEE NOlE 8 .QASLl ~~l2~1nSI~ ~RS --/2 SIDEWALK GUTlER SIDEWALK o . .e· Min AND D-~; MuC: I i- 0.9" Min AND 0.92" Max@-~ BASE 01a O a 1 RAISED TRUNCATED DOME ~ g "/EtJFGUIINI ,_,_,,,_. ...,,, 111111. liOTIEIII/PI/JII/Sal ,_ 0 0 .....,.,.GllfU'lllllll',.- fJF 11G IINI .9'&Z" g.Jgn~~~Max .-V'.J __ _ -ft ~ SPACING O O 0 RAISED TRUNCATED DOME PATTERN ON UNE} DETECTABLE WARNING SURFACE See Noto 10 :$x CASE C ::::::2 NOTES: ----1. As 11te condition• dictate, CaN A throu Ca11 G curb ramp, ma)'. be uNd ■ ~ , for comer lnetallatlone elmlar to thoee f:own In Detan A and Detcil B. SIDEWALK The caH of curb ramps used In Detan A do not have to be the same. Case A ~,tlt,.~,rc~_ui,or ra=lfl~S:1:~n~1tl':»rieed C0:"9~~J:!n~n':i:ln';',h!"' alte conform to exllltlnc.i ■ldawalk, -■ Project Plana. 2. If diltanc, from curb to ba~ of aldewalk la too short to accommodate ramp and 4'-2 Dlatform _(landing) aa ahown In Caee A. the aldewalk may be depreaaec:I langltudlnalry aa In Caaa B or C or may be wld .. ed aa In Caee D. 3. 'M'.en ramp Is located In center of curb return, crouwallk configuration mu■t be 1lmlar to that shown for Detal B. 4. As alte condltiona dictate, the retaining curb aide and the flared aide of the Caee G ramp shall be conatructed In reversed poaltlon. ~q~NING / ~ NOlE ~O 5. ~H\ti':~~l~an°! the curb ramp la a typlcal rectangle. unlm modified See Note 4 TOP OF RAMP, ,4'-'l?' Min ROUNDED 1.51: Max 7.5X Max SECTION A-A SECTION 8-B ! ~ Deprea entire 1ldewalk a, required RETAINING CURS a. :i"tc:nc,pewt:.1 r!~L=r' a~2J~'=::i =■::t':1;~f°ft.:·<:m:, =.,ta In Caee C and ea.. F. 7. The adjacent 111rface1 at tran,ltlon■ at curb ramps to walk,, gutten, and ■treeta ahall be at the same 19YII. 8. Counter alapea of ad~lng gutter& and road eurfacea lrnmedlat.ly adlacent to and within 24 lnchu of ttie curb ~p shall not be ■tND.-than 1V:20H (5.0X). Gutter pan elope at.all not exceed 1 of depth for each 2'-0"' of width. 9. r:".:1';'.t~":.npa.?op~~ ~nl:rdof pf:~ each '¥-0"' of width to match 10. The detectable warning aurface wlll be a rectangle aa ahown at back of cu, ~'Tngm:= 'att'eex~:t\C!a'J:i, ~\ ':1la3'~"1 3a1, ~d~:~. Dotoctable warning a,rfacea ollall extend the full width :.f the ramp -t a maxmum gap of 1 Inch la allowed on each aide of the ramp. Detectable ;::\~er=• ahall conform to the requlremente In the Standard 11. Sldewalk and ramp thlckn .... •r, llhall be 31/2• minimum. 12. UtUlty ~II boxea. manholes. vaults and all other utDlty facDltlH within the bounctcnta of the curb ramp wll be nilocated or ad)iilted to ~ by the own.-prior to, or In conjJnction with. curb ramp conatructlon. 13. =::a:ile-='~t:i~c3~:i:V::.:; :r:i\titoa~:O:epT.oval of utUlty mi~ !/'d"'lff Etls ~~ IF NECESSARY r 1.5X Max o/ ,_f CURB~ / I [i.1111-A! IN I \ 11 CROSSWALK IF P~DED 11 .PEIAI.I....A TYPICAL TWO-RAMP CORNER INSTALLATION See Noto 1 WHERE A FLARED SIDE OCCURS PR0\11DE '¥-rt' Min OF CURB .PEIAIL....ll. TYPICAL ONE-RAMP CORNER INSTALLATION See Notes 1 and J NOlE 8 SECTION c-c GUTTER PAN TRANSITION STAlE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CURB RAMP DETAILS NO SCALE A88A i'J g 00 (/) -I ► z 0 ► ;;o 0 "U r ► z ► 00 00 ► Figure 3B-22 (CA). Examples of Disabled Persons Parking Symbol, Legend and Related Markings (Sheet 1 of 2) Off-Street Parking R99(CA)-I•· Ill or · 1 R99C(CA) R998(CA). ~ / 4" While line See Note 2 ... oovo0v .... v<. ?000000000 '.)000000000 :>000000000 )000000000 0000000000 ISA Marking at rear limit of slall __-i--l ---"9_,'-0'-" M=i"-n---1--.-----i, I (See Standard Plan A90A for more examples.) Curb Ramp / 4' Blue line borders, See Note 3. Retaining curb if necessary Sidewalk 4" While line Regular parking stall (See detail and Yi Notes 1 below) 5'-0" Min for regular accessible parking stall 8'-0" Min for van accessible parking stall International Symbol of Accessibility (ISA) Marking 4 ft-5 in lllt 3 ft _ 9 in ____.. 1 2ft-8-1/2in~ I I I Loading and Unloading Area Pavement Marking Legend \ / i\ r-.. \ ' \ \ See Nole 2 ' ' V 1-1/2 i n H I '\ \ I '\ /1/ I i\ I I .J -r _,., 1 I ' \ I / I l I l \ ' \ L I - I ,, \ \ ' ' ' V 6 in Grid NOTES: 2in I 1. The design details for this symbol, legends, and related markings are shown in the Department of Transportation's Standard Plans. See Standard Plan A24C for square unit area for the ISA marking. 2. The words "NO PARKING" shall be painted in the loading and unloading area in white letters no less than 12 in high on a contrasting background and located so that it is visible to traffic enforcement officials. See Standard Plan A24E for square unit area for "NO PARKING" legend. 3. Loading and unloading area border shall be marked in blue paint. The hatched lines shall be painted a suitable contrasting color to the parking space. Blue or white paint is preferred. Figure 3B-22 (CA). Examples of Disabled Persons Parking Symbol, Legend and Related Markings (Sheet 2 of 2) See Note 1 Unobstructed Area ~Regular Parking Space ,,----Curb On-Street Parking (Conventional) Direction of Travel .... See Note 2 4 in blue line border ISA marking at center rear limits of stall* .J 5ft Min. N Q) Q) Q) -(/) 0 z \__Regular Parking Space Curb Curb Ramp 5'-0"Min. ~ Unobstructed Area Blue Painted Curb _,.---/ '\ • ) Sidewalk NOTES: ISA Parking Sign R99 (CA) I· I· 1 or ·1 R99C (CA) R99B (CA) Iii Ill On-Street Parking (Restricted Right of Way Width) ISA marking at center rear limits of stall* No Parking (As Required) Should be located near curb ramp. See Note 2 Blue Painted Curb Sidewalk '"'-Regular Parking Space ISA Parking Sign R99 (CA) I· • 1 or II R99C (CA) R99B (CA)lil Ill • ISA marking is optional for On-Streeet accessible parking. 1. The words "NO PARKING", shall be painted in white letters no less than 12 in high on a contrasting background and located so that it is visible to traffic enforcement officials. See Standard Plan A24E for square unit area for painting the legend "NO PARKING". 2. Accessible on-street parking spaces shall not be smaller in length or width than that specified by the local jurisdiction for other parking spaces, but not less than 20 ft in length and not less than 8 ft in width. 3. The hatched lines shall be painted a suitable contrasting color to the parking space. Blue or white paint is preferred. 4. Actual dimensions and curb geometry may differ from that shown. See Standard Plan A90B for additional details. Figure 2B-24. Parking and Standing Signs and Plaques (R7 Series) (Sheet 1 of 2) ® 8:30 AM 105:JOPM R7-1 R7-2 R7-2a R7-5 R7-6 R7-7 R?-20 R7-21 R7-23 R7-23a R?-107 R7-3 R7-8 R7-21a nns AREA MAY BE USED FOR A TRANSIT LOGO. (IFNOT USED DECREASE SK.N HEIGHT BY 6 INCHES) ~ ® • R7-107a R7-4 R7-8P R7-22 HR PARKING 8:30AM TO 5:30 PM « • R?-108 Figure 2B-24. Parking and Standing Signs and Plaques (R7 Series) (Sheet 2 of 2) R7-200 R7-20tP R7-201aP NO PARKING If OVER 2 IN CHES R7-203 R7-200a R7-202P D ........ ........ ........ Figure 2B-24 (CA). Parking and Standing Signs and Plaques (R7 Series) (Sheet 2 of 3) I PARKING ANY TIME +-- R28 (CA) I PARKING VEHICLES OVER 6' HIGH ........ R28D (CA) I PARKING 7 10 9AM 4 10 6 PM R30 (CA) ® ........ R30E (CA) R32B (CA) I STOPPING ANY TIM E +-- R28(S) (CA) I STOPPING VEHICLES OVER 6' HIGH ........ R28D(S) (CA) I PARKING 7!~.".~M I R30A (CA) I ST~PPING 7108AM 210 3 PM SCHOOL DAYS R30F (CA) HOUR I PARKING 8AM106PM DISTRICT 7 PCRMITS EXEMPT R32C (CA) NO PARKING A NY TIME R28A (CA) I PUBLIC PARKING SUBJECT TO Clll!ION AND RIJIMI.RIMlll!l'Sfll'OOE CAil l'OUII DOOIIIOO R (113) ◄5~7190 10 IIIWJN VIJl(I! R28E (CA) ® 10AM1°12PM WEDNESDAY STRE£1 SWEmNG R30B (CA) HOUR PARKING 9 AM " 6 PM R31 (CA) I MINUTE PARKING 2AM 106AM DISTRICT 3 PERMITS EXEMPT R32D (CA) NO STOPPING ANYTIME R28A(S) (CA) ® VEHICLES OVER 5 TONS R28F (CA) ® 2AM106AM EXCEPT BY l'[RMIT R30C (CA) HOUR PARKING 9AM "4 PM R31 (S) (CA) HOUR PARKING PASSENGER LOADING ONLY 4PM•MIDNIGHT ~ lllllUTC LIMIT - R32E (CA) STOPPING BUS ONLY +- R28C (CA) R29 (CA) ® 2AM106AM CITYWIDE EXCEPI BY PERMIT R30D (CA) HOUR PARKING 7AM106 PM R32 (CA) HOUR ~RKING 8AM106PM MOTORCYCLE PARKING ONLY ........ R32F (CA) Figure 2B-24 (CA). Parking and Standing Signs and Plaques (R7 Series) (Sheet 3 of 3) 9AM 10 4 PM R37 (CA) I DOUBLE PARKING ANYTIME COMMERCIAL VEHICLES INCLUDED R39-2 (CA) HOUR PARKING 9,AM,>• 6PM R38 (CA) I HOUR PARKING COMMERCIAL MOTOR VEHICLES eve 22651 (s)2 R39-3 (CA) R38(S) (CA) CHAIN INSTALLATION ONLY .... R74 (CA) 7Aw•9AM PASSENGER LOADING ONLY AllOTHERIIMII ' - R38A (CA) CHAINS REQUIRED 1 MILE AHEAD R75 (CA) NO PARK ING or COMMERCIAL VEHICLES EXCEPl BY PERMIT R39 (CA) CHAINS REQUIRED R76 (CA) I D0U8lf l'.RKING ANYTIME COMMERCIAL VEHICLES INCLUDED R39-1 (CA) ON SINGLE AXLE DRIVE VEHICLE WITH TRAILER R76-1 (CA) NO EXCEPTIONS R77 (CA) END CHAIN CONTROL AUTOS & PICKUPS SNOW TIRES OK 4-W DRIVE WITH SNOW TIRES OK -R78 (CA) R100A (CA) ® £XC£PT FOR ELECIRIC VEHICLE CHARGING ---- CARRY CHAINS R79 (CA) UN.lUTIIDUUD HHICLt:S ,.um1 11111 otM,NAr!e .lUCSSIIU S,,,t.US NI)! OISM.ATIN' 01smr,\IISMINGl'U.(Ub$O• SM:tuLllClNSt"1..UU1$$U(tl ra• P[I.WJIS'flfH ~UIILOIU flllU IE TO'll(D O'.~Y ~T Tk[ O'll~E.t'S DIOU r(lt£0'f0tlCLt-S .11.ll' ti lltC:Ullll[O, A.I Ol n'1tl..[ftgjlMG R1008 (CA) "'HOUR EV CHARGING 8AM T06PM CARRY CHAINS R80-1 (CA) 4 10 6 PM R107 (CA) -' HOUR ELECTRIC VEHICLE CHARGING 8AM "6PM R99 (CA) or VEHICLES roa SALE R108 (CA) SNOW NOT REMOVED BEYOND HERE SR20-1 (CA) DISPlAY or VEttlCLES FOR SUE PROHIBITED R113A (CA) R114 (CA) R114A (CA) SR26 (CA) R99B (CA) PAY AT STATION R109 (CA) NO PARKIN G WHEN SHOW REMOVAL CONDITIONS EXIST CCIUtm' CIRD. NO. 00.000 SR49 (CA) R99C (CA) IJN.tr,JtHl).RlZU'I Y£HtlUS 101 ((INIIICUtO roR m crt:IC CIUQCI.IIC f\lRPOSU llllll H IOlfCD MU .ll 11tt 0H (lt'S UPE.N$C ,mu111 1 [DY[ltlClU AT --Ot IY IEI.UIONIKG. --- R112 (CA) NO IDLING COMMERCIAL VEHICLES AND ALL BUSES f'UIUIIUAP'P'l..1 SR62 (CA) R7-8b ® EXCEPT FOR £V CHARGING R113 (CA) NO IDLING 13 CCR 1'48:41 ,$. 2:'413:S PUIAUIU,lffl,Y SR63 (CA)