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Southern Contracting Company; 2023-08-29; PWS23-2188TRAN
Revised 6/12/18 Contract No. 6062 Page 1 of 209 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL & SUPPLEMENTAL PROVISIONS FOR Street Lighting Replacement Program – Phase 2 (Re-bid) CONTRACT NO. 6062 BID NO. PWS23-2188TRAN Revised 6/12/18 Contract No. 6062 Page 2 of 209 TABLE OF CONTENTS Item Page Notice Inviting Bids ................................................................................................................ 7 Contractor's Proposal ........................................................................................................... 14 Bid Security Form ................................................................................................................ 19 Bidder’s Bond to Accompany Proposal ................................................................................ 20 Guide for Completing the “Designation of Subcontractors” Form ......................................... 21 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ............................. 23 Bidder's Statement of Technical Ability and Experience ....................................................... 24 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ................................................................................... 25 Bidder’s Statement Re Debarment ....................................................................................... 26 Bidder's Disclosure of Discipline Record …………………………………………… ................. 27 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 29 Contract Public Works .......................................................................................................... 30 Labor and Materials Bond .................................................................................................... 37 Faithful Performance/Warranty Bond ................................................................................... 39 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 41 Revised 6/12/18 Contract No. 6062 Page 3 of 209 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ................................................ 44 1-2 Definitions .................................................... ................................................ 44 1-3 Abbreviations ............................................... ................................................ 49 1-4 Units of Measure .......................................... ................................................ 51 1-5 Symbols ....................................................... ................................................ 52 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ................................................ 53 2-2 Assignment .................................................. ................................................ 53 2-3 Subcontracts ................................................ ................................................ 53 2-4 Contract Bonds ............................................ ................................................ 54 2-5 Plans and Specifications .............................. ................................................ 55 2-6 Work to be Done .......................................... ................................................ 59 2-7 Subsurface Data .......................................... ................................................ 59 2-8 Right-of-Way ................................................ ................................................ 59 2-9 Surveying ..................................................... ................................................ 59 2-10 Authority of Board and Engineer .................. ................................................ 64 2-11 Inspection .................................................... ................................................ 64 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ................................................ 65 3-2 Changes Initiated by the Agency .................. ................................................ 65 3-3 Extra Work ................................................... ................................................ 66 3-4 Changed Conditions .................................... ................................................ 69 3-5 Disputed Work ............................................. ................................................ 70 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ................................................ 76 4-2 Materials Transportation, Handling and Storage ........................................... 80 Section 5 Utilities 5-1 Location ....................................................... ................................................ 81 5-2 Protection .................................................... ................................................ 81 5-3 Removal ...................................................... ................................................ 82 5-4 Relocation .................................................... ................................................ 82 5-5 Delays .......................................................... ................................................ 83 5-6 Cooperation ................................................. ................................................ 83 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ................................... 84 6-2 Prosecution of Work ..................................... ................................................ 88 6-3 Suspension of Work ..................................... ................................................ 89 6-4 Default by Contractor ................................... ................................................ 90 6-5 Termination of Contract................................ ................................................ 90 6-6 Delays and Extensions of Time .................... ................................................ 90 6-7 Time of Completion ...................................... ................................................ 91 6-8 Completion, Acceptance, and Warranty ....... ................................................ 92 Revised 6/12/18 Contract No. 6062 Page 4 of 209 6-9 Liquidated Damages .................................... ................................................ 93 6-10 Use of Improvement During Construction .... ................................................ 93 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ................................................ 94 7-2 Labor ........................................................... ................................................ 94 7-3 Liability Insurance ........................................ ................................................ 94 7-4 Workers' Compensation Insurance .............. ................................................ 94 7-5 Permits ........................................................ ................................................ 95 7-6 The Contractor’s Representative .................. ................................................ 95 7-7 Cooperation and Collateral Work ................. ................................................ 96 7-8 Project Site Maintenance ............................. ................................................ 96 7-9 Protection and Restoration of Existing Improvements ................................... 98 7-10 Public Convenience and Safety ................... ................................................ 98 7-11 Patent Fees or Royalties .............................. .............................................. 105 7-12 Advertising ................................................... .............................................. 105 7-13 Laws to be Observed ................................... .............................................. 105 7-14 Antitrust Claims ............................................ .............................................. 106 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ .............................................. 107 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work .......................................... 108 9-2 Lump Sum Work .......................................... .............................................. 108 9-3 Payment ...................................................... .............................................. 108 9-4 Bid Items ...................................................... .............................................. 112 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products ............................................. .............................................. 114 200-2 Untreated Base Materials ............................. .............................................. 115 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... .............................................. 116 201-3 Expansion Joint Filler and Joint Sealants ..... .............................................. 118 Section 203 Bituminous Materials 203-6 Asphalt Concrete ......................................... .............................................. 119 203-11 Asphalt Rubber Hot Mix (ARHM) Wet Process ........................................... 120 Section 204 Lumber and Treatment with Preservatives 204-1 Lumber and Plywood ................................... .............................................. 120 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs ................................................. .............................................. 121 206-8 Light Gage Steel Tubing and Connectors .... .............................................. 123 206-9 Portable Changeable Message Sign ............ .............................................. 124 Section 207 Pipe 207-2 Reinforced Concrete Pipe ............................ .............................................. 126 207-9 Iron Pipe and Fittings ................................... .............................................. 126 207-10 Steel Pipe .................................................... .............................................. 126 Revised 6/12/18 Contract No. 6062 Page 5 of 209 207-25 Underground Utility Marking Tape ................ .............................................. 127 Section 209 Signals, Lighting and Electrical Systems 209 General ........................................................ .............................................. 128 Section 210 Paint and Protective Coatings 210-1 Paint ............................................................ .............................................. 148 210-3 Galvanizing .................................................. .............................................. 149 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials .................................... .............................................. 150 212-2 Irrigation System Materials ........................... .............................................. 155 212-3 Electrical Materials ....................................... .............................................. 158 Section 213 Engineering Fabrics 213-2 Geotextiles ................................................... .............................................. 159 213-3 Erosion Control Specialties .......................... .............................................. 159 Section 214 Pavement Markers 214-5 Reflective Pavement Markers ...................... .............................................. 159 Section 215 Fencing 215-1 Environmental Fencing ................................ .............................................. 160 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing ............................................................................... 162 300-2 Unclassified Excavation .............................................................................. 162 300-3 Structure Excavation and Backfill ................................................................ 165 300-4 Unclassified Fill ........................................................................................... 165 300-5 Borrow Excavation ...................................................................................... 166 300-9 Geotextiles for Erosion Control and Water Pollution Control. ...................... 166 300-11 Stonework for Erosion Control .................................................................... 168 300-12 Rock Slope Protection Fabric ...................................................................... 168 300-13 Storm Water Pollution Prevention Plan ....................................................... 169 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ................................................................................. 172 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ....................................................................... 174 302-11 Asphalt Pavement Repairs and Remediation .............................................. 175 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures .................................................................................... 176 303-2 Air-Placed Concrete .................................................................................... 177 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................. 177 303-6 Stamped Concrete ...................................................................................... 177 Section 304 Metal Fabrication and Construction 304-3 Chain Link Fence ........................................................................................ 178 Revised 6/12/18 Contract No. 6062 Page 6 of 209 Section 306 Underground Conduit Construction 306-1 Open Trench Operations ............................................................................. 178 306-5 Abandonment of Conduits and Structures ................................................... 182 Section 307 Street Lighting and Traffic Signals 307 General ....................................................................................................... 182 Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement ............................................................... 182 308-4 Planting ....................................................................................................... 184 308-5 Irrigation System Installation ....................................................................... 186 308-6 Maintenance and Plant Establishment ........................................................ 188 308-7 Guarantee ................................................................................................... 188 308-8 Measurement and Payment. ....................................................................... 191 308-9 Wetland Mitigation. ..................................................................................... 191 Section 310 Painting 310-5 Painting Various Surfaces .......................................................................... 192 310-7 Permanent Signing ..................................................................................... 193 Section 312 Pavement Marker Placement and Removal 312-1 Placement ................................................................................................... 194 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers ......................................................... 194 313-2 Temporary Traffic Signing .......................................................................... 195 313-3 Temporary Railing (Type K) and Crash Cushions ...................................... 195 313-4 Measurement and Payment ........................................................................ 197 Part 6 Modified Asphalt, Pavement and Processes 600-3 Rubberized Emulsion – Aggregate Slurry .... .............................................. 198 Part 7 Street Lighting and Traffic Signal Systems Section 700 Materials 700-4 Street Lighting System Materials ................................................................. 199 Section 701 Construction 701-16 Streetlight Construction ............................................................................... 204 701-20 Salvage ....................................................................................................... 206 Appendix A – Door Hanger Appendix B – Streetlight Location Maps Revised 6/12/18 Contract No. 6062 Page 7 of 209 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on June 13, 2023, the City shall accept sealed bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at https://www.carlsabdca.gov/depts/finance/contracting/bids.asp for performing the work as fol- lows: Remove and salvage or recycle existing induction street lights and replace with new LED street lighting fixtures. STREET LIGHT REPLACEMENT PROGRAM – PHASE 2 (RE-BID) CONTRACT NO. 6062 BID NO. PWS23-2188TRAN 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. 6062 Page 8 of 209 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. 6062 Page 9 of 209 to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department. The specifications for the work include City of Carlsbad Technical Specifications and the 2018 General and Standard Specifications for Public Works Construction, and the supplements thereto, 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 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 uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security. Revised 6/12/18 Contract No. 6062 Page 10 of 209 Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-re- sponsive. ENGINEER’S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1,014,087. 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: C-10, General Electrical. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid Packages, various supplemental provisions and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. 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 spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. Revised 6/12/18 Contract No. 6062 Page 11 of 209 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 is 5 p.m., June 1, 2023. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than June 7, 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 pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Contractor’s Proposal, the online bidding portal shall prevail. Revised 6/12/18 Contract No. 6062 Page 12 of 209 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 second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Revised 6/12/18 Contract No. 6062 Page 13 of 209 May 15, 2023 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. 2022-181, adopted on the 19th day of July 2022. ________________________ ____________________________________ Date Graham Jordan, Deputy Clerk CITY OF CARLSBAD STREET LIGHTING REPLACEMENT PROGRAM-PHASE 2 (RE-BID) CONTRACT NO. 6062 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6062 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" STREET LIGHTING IMPROVEMENTS Item Description Approximate No. Quantity and Unit A-1 Remove and Replace Street Light 526 EA Fixtures in PH II area Cul-de-Sac dead ends with GE ERL 1-0-04D5-30~-GRAJ-LY Three Hundred, ifty an 91/100's (Unit Price in Words) A-2 Remove and Replace Street Light 1449 EA Fixtures in PH 11 Area Local Streets with GE ERL 1-0-04-C5-A-GRAY-L Y Three Hundred, Fifty and 91/100's (Unit Price in Words) A-3 (Labor Only) Remove and Replace 140 EA Street Light Fixtures in PH II Collector and Arterial Connector Streets with approximate 108-watt equivalent LED fixtures provided by the City Two Hundred, Twenty-Three and 86/1 00's (Unit Price in Words) Contract No. 6062 -PWS23-2188TRAN Addendum No. 3 Unit Price (Figures) $ 350.91 $ 350.91 $ 223.86 Total Amount (Figures) $ 184,578.66 $ 508,468.59 $ 31 ,340 .. 40 5 Item Descri12tion Approximate Unit Price Total Amount No. Quantity (Figures) (Figures) and Unit A-4 Remove and Replace Street Light 57 EA $ 540.51 $ 30,809.07 Fixtures in PH II Collector and Arterial Connector Streets with GE ERLH-0-13-C5-30-A-GRAY-L Y Five Hundred, Fort~ and 51/1 00's (Unit Price in Words) A-5 Remove and re-install street light 100 EA $ 77.39 $ 7,739.00 shields in Phase II area Sevent}'.-Seven Dollars and 39/1 00's (Unit Price in Words) A-6 Remove and Replace Fuse Forty Dollars and 76/1 00's 100 EA $ 40.76 $ 4,076.00 (Unit Price in Words) Total amount of bid in words for Schedule "A": __ s_e_v_en_H_u_n_d_re_d_S_e_v_e_n_ty_-S_ix_T_h_o_u_s_an_d __ _ Eleven Dollars and 72/1 00's Total amount of bid in numbers for Schedule "A": $ __ 7_6_7,_0_1_1 _·7_2 _________ _ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._1_· 2_·_3 ______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 222252 , classification A, C-10 which expires on 12/31/2024 , and Department of Industrial Relations PWC registration number 1000002172 which expires on 06/30/2025 , and that this statement is true and correct and has the legal effect of an affidavit. Contract No. 6062 -PWS23-2188TRAN Addendum No. 3 6 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 ___ B_o_n_d _________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 6062 -PWS23-2188TRAN Addendum No. 3 7 Revised 6/12/18 Contract No. 6062 Page 17 of 209 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted _____________________________________ (2) Signature (given and surname) of proprietor ____________________________________ (3) Place of Business ________________________________________________________ (Street and Number) City and State _______________________________________________________________ (4) Zip Code ___________________ Telephone No. _________________________________ (5) E-Mail ____________________________________________________________________ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted ________________________________________ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) _________________________________________________________________________ _________________________________________________________________________ (3) Place of Business ___________________________________________________________ (Street and Number) City and State ______________________________________________________________ (4) Zip Code ___________________ Telephone No. __________________________________ (5) E-Mail ____________________________________________________________________ IF A CORPORATION, SIGN HERE: Southern Contracting Company (1) Name under which business is conducted _________________ _ (2) Philip E. Waterman, President (Title) Impress Corporate Seal here California (3) Incorporated under the laws of the State of ________________ _ ( 4) Place of Business 559 N. Twin Oaks Valley Road City and State San Marcos, CA (Street and Number) (5) Zip Code _9_2_06_9 ______ Telephone No. (75o) 744-o75o (6) E-Mail _.....;p_w_a_t_e_rm_a_n_@=-so_u_t_h_er_n_c_o_nt_ra_c_ti_n=g_.c_o_m ______________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Philip E. Waterman, President Darlene Y. McBride, Secretary/Treasurer Contract No. 6062 -PWS23-2188TRAN Addendum No. 3 9 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 07/11/2023 before me, Lynn R Murison-Eroles Notary Public Date Here Insert Name and Title of the Officer personally appeared ________ P_h_il_ip_E_. W_a_te_r_m_a_n _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ i~ subscribed to the within instrument and acknowledged to me that he.lsh9Ah9y executed the same in his1h9r/th9ir authorized capacity~, and that by his{h9r,4h9ir signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. L YHN R. MURISON-EROLES NotarY Public • California 5_ San Oieto County ~ Commission # 2329099 •, •'• My Comm. Expires Jun 22, 2024 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contractor's Proposal Signature Page Document Date: 07/11/2023 Number of Pages: _,.__ ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E. Waterman Signer's Name: ____________ _ liZl Corporate Officer -Title(s): President □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ "' ~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BID SECURITY FORM (Check to Accompany Bid) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 (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' •+r' Revised 6/12/18 Contract No. 6062 Page 19 of 209 BIDDER'S BOND TO ACCOMPANY PROPOSAL STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 KNOW ALL PERSONS BY THESE PRESENTS: That we, SOUTHERN CONTRACTING COMPANY , as Principal, and NATIONWIDE MUTUAL INSURANCE COMPANY , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)TEN PERCENT OF GREATER AMOUNT BID (10%)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: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 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 ---'--9T_H ___ day of ___ ___;J~U::..:.N.:..:E=---------' 20_2_3_ SOUTHERN CONTRACTING COMPANY (SEAL) (Principal) By:~~:;) (Signature) - PHILIP E. WATERMAN, PRESIDENT (Print Name/Title) NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL} /,,/ (Su'k/4--'-''-- By: /V/(J__O . (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON By· ' l Cify~ .~ Revised 6/12/18 Contract No. 6062 Page 20 of 209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 8080808ll i088I DJ [l):B 00110:0001 Nl80:80CR8o;o:o:o:o:o 1:0 800000:011:00 o:oe o o c DIO o oa 111i1 a a Ul800080800000 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 } 0 6/9/2023 b ~ TRACY LYNN RODRIGUEZ, NOTARY PUBLIC n _____________ e,ore me,-------------~-------- Date Here Insert Name and Title of the Officer personally appeared ___________ M_A_R_K_D_. I_A_T_A_R_O'-LA ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose name~ is/afe-subscribed to the within instrument and acknowledged to me that he/sl'lefthe1 executed the same in hisiherftl'leir authorized capacity~). and that by his/l'lerftl'leir signature(5) on the instrument the person(f;j, or the entity upon behalf of which the person(~ acted, executed the instrument. r -------,,------------► <> <> <> 1 • TRACY LYNN RODRIGUEZ ,-COMM. #2318838 )> Z . SAN DIEGO COUNTY ), ~ . · NOTARY PUBUC-CALIFORNIAZ i MY COMMISSION EXPIRES l JANUARY 11, 2024 W WWS W W._,<:>-<:><..><.> 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. Place Notary Seal and/or Stamp Above Signature ----~£:£ Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Numberof Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: MARK D. IATAROLA o Corporate Officer -Title(s): ______ _ o Partner -□ Limited □ General o Individual l!'.I Attorney in Fact □ Trustee □ Guardian of Conservator o Other: Signer is Representing: _________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ o Partner -□ Limited □ General □ Individual □ Trustee o Other: □ Attorney in Fact □ Guardian of Conservator Signer is Representing: _________ _ 0000fllOO( DI I III0:11311 a D 11 a)i[D II 160000:0ftfifll I II ll.lJ 100 [ .J 0'808(tQRlf08flc00800:l)IJIAbll II I a Ill 1311 t [J.0 D D [l.000 ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 06/09/2023 before me, Lynn R Murjson-Eroles Notary P1iblic Date Here Insert Name and Title of the Officer personally appeared ______ __,_P--'-h!.Cile.i,ip'---E'=-. W.!..!!:a,..,,,te""'r.,_,m.,,a,_,_n.,__ _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nam~ is.lal:e subscribed to the within instrument and acknowledged to me that hetsh9/1h9y executed the same in his1h9i:.'th9ir authorized capacity~. and that by histh9i:.'th9ir signatur~ on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ... B .... i,.,dd-e....,r__.'s .... B-a-n.....,d...__ _____________________ _ Document Date: ... o .... 6...,/0...,9..,./..,2"""02~3......_ ______________ Number of Pages: _._ ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E Waterman liZI Corporate Officer -Title(s): President D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ m ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 Power of Attorney KNOvv.ALL MEN BY THESE PRESENTS THAT: · tionwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the ·company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, State of New York No. 02MC6270117 Qualified in New York County Commission Ex,.res October HI 2024 CERTIFICATE Nolaly Pubic My Comm\oslon Expi,es Oc!Dbor 19, 202• I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board • directors; and the foregoing power of attorney is still in full force and effect. .. ~ WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 9TH day of JUNE 2023 (7(~ jJ. 6-v '<1-- Assistant Secretary BDJ 1(08-21 )00 7/27/23, 3:41 PM Company Profile I.. : CALIFORNIA ' I DEPARTMENT OF msURAHCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's An nual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Nam es Age nt For Se rv ice Melissa DeKoven NATIONWIDE MUTUAL INSURANCE COMPANY 1 NATIONWIDE BLVD, FRAP SOLUTIONS COLUMBUS, OH 43215 8 00-5 23-78 28 Effective Date 2710 Gateway Oaks Drive, Suite 150N Sacramento CA 95833-3505 Reference I nformation NAIC #: 23787 California Company ID #: 1805-1 Date Authorized in California: 08/03/1965 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: OHIO back to top NAIC Group List NAIC Group #: 0140 NATIONWIDE CORP GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3720 1/2 7/27/23, 3:41 PM back to top © 2008 California Department of Insurance Company Profile PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3720 2/2 Revised 6/12/18 Contract No. 6062 Page 21 of 209 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. 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. Revised 6/12/18 Contract No. 6062 Page 22 of 209 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) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq . of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0 .5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Traffic Control Cecilia's Safety Services 828-793-4465 1000012757 787634 $42,000.00 1211 Distribution Wav cedlia@ceciliaasafetyservice.com C-31 Vista, CA 92081 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." Revised 6/12/18 Contract No. 6062 Page 23 of 209 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 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 No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract Active SDG&E Jeff Nightingale Streetlight Maintenance $1 .2 million 8326 Centu6 Park Ct San Dieao, A 92123 949-254-2566 Annually 11/21/14 City of Carlsbad Heidi Versteeg LED Streetlight installation $206,678.00 405 Oak Dr. 760-434-2937 Carlsbad, CA 92008 05/15/13 City of San Diego Justin Cheung LED Streetlight Installation $15,881,000.00 619-550-9749 02/19/16 City of Oceanside Kiel Koger LED Streetlight Installation $5,454,620.00 760-435-5089 10/02/15 City of San Marcos James Chase LED Streetlight Installation $1,049,944.00 760-752-7550 , Revised 6/12/18 Contract No. 6062 Page 24 of 209 Revised 6/12/18 Contract No. 6062 Page 25 of 209 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 2 (RE-BID) CONTRACT NO. 6062 As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. I ..,'I} CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) -7/19/2023 -~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONlACT Tien Le NAME: SullivanCurtisMonroe Insurance Services (COR) r.~~N.t r -u. 951 493-3314 I fffc Nol: 949-852-9762 1920 Main Street ~~lJ~ss: tle®sullicurt.com Suite 600 Irvine, CA 92614 INSURER/SI AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License # 0E83670 INSURER A : Hartford Fire Insurance Comoanv IA+ XV\ 19682 INSURED INSURER B: Hartford Casualtv Insurance Comnanv IA+ XVI 29424 Southern Contracting Company INSURERC: P.O. Box 445 San Marcos CA 92079 INSURER D: INSURER E : INSURER F : COVERAGES ----------.. .. .. CERTIFICATE NUMBER: 75367646 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 TYPE OF INSURANCE ADDL SUBR /~~J-6%/J~i ,~~M%~1 LTR ···--'··-·-POLICY NUMBER LIMITS A ....L.. COMMERCIAL GENERAL LIABILITY ✓ 72UEAPT0574 10/1/2022 10/1/2023 EACH OCCURRENCE s 1 000 000 =i CLAIMS-MADE W OCCUR lJAMA-al: rol<ENl ElJ PREMISES /Ea occurrence' $300 000 ....L.. XCU Included MED EXP (Any one oersonl S 10 000 PERSONAL & ADV INJURY s 1 000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 ~ POLICY 0 ~r& □ LOC PRODUCTS -COMP/OP AGG $2 000 000 OTHER: $ A AUTOMOBILE LIABILITY ✓ 72UEAPT0696 10/1/2022 10/1/2023 ~~~~\:i~~?NGLE LIMIT S 1 000 000 - ..L ANY AUTO BODILY INJURY (Per person) $ OWNED -SCHEDULED AUTOS ONLY -AUTOS BODILY INJURY (Pe, accidenl) S -HIRED NON-OWNED ;p~~~.;=:J;,";,RAMAGE ....L... AUTOS ONLY _L__ AUTOS ONLY Comp Ded $1 k/$2k/$5k $ Coll Ded i 1 k/$2k/$5k s B ....L... UMBRELLA LIAB H OCCUR 72RHAPT0617 10/1/2022 10/1/2023 EACH OCCURRENCE s 10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 10 000 000 oEo I ✓ I RETENTION s 10,000 $ A WORKERS COMPENSATION ✓ 72WEAZR3341 10/1/2022 10/1/2023 ✓ I ~ftuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT S 1 000 000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s 1 nnn nnn ~m:~~tit3~ ~1;PERATIONS below E.L. DISEASE - POLICY LIMIT S 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space Is required) RE: SCC Job No.: 107 411-Street Lighting Replacement Program-Ph 2 (Re-bid) Bid No. PWS23-2188TRAN, Contract No. 6062 City of Carlsbad/CMWD, its officials, employees and volunteers are included as Additional Insured as required by written contract. Cancellation provision applies per policy forms, Waiver of Subrogation applies. CERTIFICATE HOLDER RE: sec Job No.:107411-Street Lighting Replacement Program-Ph 2 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r I AUTHORIZED REPRESENTATIVE A -b Tien Le © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 75367646 I SOUTHCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11,22,42 AM (PSTI I Page l of 23 This certificate cancels and supersedes ALL pr eviously issued certif icat es. - -- ~ ACORD® ~ AGENCY AGENCY CUSTOMER ID: _S...;;.O...;;.U_T_HC..:...O_N_1 _____________ _ LOC#: ------- ADDITIONAL REMARKS SCHEDULE Page of NAMED INSURED " Southern Contracting Company i SullivanCurtisMonroe Insurance Services (COR) P.O. Box 445 POLICY NUMBER San Marcos CA 92079 CARRIER I NAICCODE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services ADDRESS: P.O. Box 947 Murrieta CA 92564 POLICY TYPE: PACKAGE EFFECTIVE DATE: Carrier: Hartford Fire Insurance Company (NAIC #19682) A.M. Best: A+, XV (Admitted) Policy#: 72UUMPT0797 Effective: 10/01/2022 -10/01/2023 CONTRACTOR'S EQUIPMENT: Leased/Rented Equipment Limit -$2,000,000 (Max. $750,000 Per Item) Scheduled Equipment Limit -$2,887,901 Deductible -$1,000 (All other perils) Deductible -$5,000 (Theft) Deductible -Greater of 2% or $5,000 Minimum (Cranes) Deductible -5 Day Wait Period (Rental Expense) INSTALLATION: Maximum Limit -$2,500,000 Property in Transit Limit -$750,000 Property at Temporary Storage Limit -$750,000 Deductible -$2,500 ****************************************************************************** POLICY TYPE: BUILDERS RISK Carrier: Hartford Fire Insurance Company (NAIC #19682) A.M. Best: A+, XV (Admitted) Policy#: 72MSPT1923 Eff ective: 10/01/2022 -10/01/2023 Hard Costs Maximum Limit -$1,500 ,000 Soft Costs Maximum Limit -$150,000 Property at Temporary Storage -$100,000 Property in Transit -$100,000 Flood -$1,000,000 (Flood Zone X/C Only) Deductible -$2,500 (Hard Costs) Deductible -120 Hour Wait (Soft Costs) Deductible -$25,000 (Flood) ***************************************************************************** Commercial Automobile Deductibles: Light/PPTs -$1,000 Comprehensive/ $1,000 Collision Medium/Heavy -$2,000 Comprehensive/ $2,000 Collision Extra Heavy -$5,000 Comprehensive/ $5,000 Col lision Trailers -$500 Comprehensive/ $500 Collision ***************************************************************************** A.M. BEST RATING: Hartford Fire Insurance Company: A+, XV (Admitted) Hartford Casualty Insurance Company: A+, XV (Admitted) Pacific Insurance Company, Ltd.: A+, XV (Non-Admitted) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 75367646 I SOU'IllCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11 ,22 ,42 AM (PST) I Page 2 of 23 This certificate cancels and supersedes ALL previously issued certificates. So~thern Contracting Company 72UEAPT0574 SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only 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 limited 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or 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 business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that HG 00 01 0916 7/19/2023 "volunteer worker" as a consequence of Paragraph (1 )(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1 )(a) or (1 )(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1 )(a), (1 )(b) and (1 )(c) above do not apply to any "employee" or "volunteer worker" providing first aid services;and (b) Subparagraph (1 )(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker'), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. Page 11 of 21 7S367646 I SOUTHCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 3 of 23 This certificate cancels and supersedes ALL previously issued certificates. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Fonned Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 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. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Pennit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. Page 12 of 21 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance 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 the 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; or HG 00 01 0916 75367646 I SOUTI!CONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 4 of 23 This certificate cancel s and supersedes ALL previously issued cert ificates. (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. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) 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. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or HG 00 010916 omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded 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 the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; Page 13 of 21 75367646 I SOUTI!CONl I 2022 GL CAU UMC wco IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 5 of 23 This certificate cancels and supersedes ALL previous ly issued certif icates. (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 services by or for you. The limits of insurance that apply to additional insureds is described in Section Ill -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill -LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit 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. 3. Products-Completed Operations Aggregate Limit 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". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit 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, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. HG 00 01 0916 75367646 I SOOTHCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 6 of 23 This certif icate cancels and supersedes ALL previously issued certificates. Southern Contracting Company 72UEAPT0574 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer'' or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lig htning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 7/19/2023 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 0916 75367646 I SOtJTHCONl I 2022 GL CAU UMC WCO lM I Tien Le I 7/19/2023 11,22,<2 AM (PST) I Page 7 of 23 This certificate cancels and supersedes ALL previously issued certificates . 72UEAPT0574 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. 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. 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. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium 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. 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 greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 0916 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the 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. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 75367646 I SOUTHCONl I 2022 GL CAO UMC WCO IM I Tien Le I 7/19/2023 1L22,42 AM (PST) I Page 8 of 23 This certificate cancels and supersedes ALL previously issued certif icates. S~uthern Contracting Company 72UEAPT0574 7/19/2023 X CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage ........................................................................................................................ 1 2. Damage To Your Work ................................................................................................................................... 1 3. That Particular Part ......................................................................................................................................... 1 4. Contractors Limited Professional Liability ....................................................................................................... 2 5. Per Project and Per Location General Aggregate Limits Of Insurance .......................................................... 2 6. Medical Payments Coverage -Including Products -Completed Operations .................................................. 3 7. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ...................................... 3 8. Bodily Injury Employee Suits ........................................................................................................................... 4 9. Consolidated Insurance (Wrap-Up) Programs ................................................................................................ 4 10. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ......................... 5 11. Supplementary Payments ............................................................................................................................... 5 12. Two Or More Coverage Parts Or Policies Issued By Us ................................................................................ 6 13. Notice of Cancellation to Certificate Holders .................................................................................................. 6 14. Contractual Liability Coverage For Personal And Advertising Injury .............................................................. 6 15. Insured Contract Definition .............................................................................................................................. 6 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I - Coverage A is amended as follows: a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following: Paragraph (2) of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK A. Section I -Coverage A -Bodily Injury And Property Damage Liability, Paragraph 1. Insuring Agreement is amended to add the following: f. Damages because of "property damage" include damages the insured becomes legally obligated to pay because of "property damage" to "your work" or caused by "your work", and such "property damage" shall be deemed to be caused by an "occurrence", if not intended or expected from the standpoint of the insured, regardless of whether the "property damage" arises from breach of contract. B. Exclusion I. Damage To Your Work of Section I -Coverage A is replaced by the following: I. Damage to Your Work "Property damage" to that particular part of "your work" that must be restored, repaired or replaced because "your work" was incorrectly performed and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work performed incorrectly was performed on your behalf by a subcontractor. This Paragraph 2.B. does not apply if Exclusion I. Damage To Your Work has been otherwise modified by endorsement. 3. THAT PARTICULAR PART This Paragraph 3. applies to Exclusion j. Damage to Property, subparagraphs (5), and (6), Exclusion k. Damage to Your Product, and Exclusion I. Damage to Your Work. Form HS 24 50 12 20 © 2020, The Hartford Page 1 of 7 75367646 I SOUTHCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 ll,22,42 AM (PST) I Page 9 of 23 This certificate cancels and supersedes ALL previously issued certificates. When performing operations as a "general contractor", the term that particular part shall not mean the entire construction, improvement or renovation project. For purposes of this provision, the term "general contractor" means the contractor signing the prime construction contract for a construction, erection, improvement or renovation project and that has main responsibility for such project including hiring all of the subcontractors and suppliers. 4. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I -Coverage B -Personal And Advertising Injury Liability: 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 by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performeq as a part of any related 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 failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury, damage, loss, cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us, then the insurance Page 2 of 7 afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance (including any deductible or self- insured retention portion thereof), and any other valid and collectible insurance available to the insured whether primary, excess, contingent or on any other basis. 5. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single "project" or a single "location"; 1. A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each "project" or "location", whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Project General Aggregate Limit or the Per Location General Aggregate Limit, whichever applies, is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of; a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Per Project General Aggregate Limit for that "project" or the Per Location General Aggregate for that "location", whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, the Per Project General Aggregate Limit for any other "project", or the Per Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of Form HS 24 50 12 20 75367646 I SOUTHCONl I 2022 GL CAU UMC wco 1M I Tien Le [ 7/19/2023 11:22:42 AM (PST) I Page 10 of 23 This certificate cancels and supersedes ALL previously issued certificates. being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single "project" or the Per Location General Aggregate if attributable only to ongoing operations at a single "location". B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A and for all medical expenses caused by accidents under Section I -Coverage C , which cannot be attributed only to ongoing operations at a single "project" or a si ngle "location"; 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit.or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. D. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E. For the purposes of Paragraph 5., the following definitions apply: "Project" means a premises an insured does not own or rent and where such insured performs construction-related operations. Each "project" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway, railroad or right-of-way shall be considered a single "project". 1. If a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the "project" shall be considered a single "project". "Project" does not include a premises that is a "location". Form HS 24 50 12 20 2. "Location" means a premises an insured owns or rents and where such insured performs business operations other than construction-related operations. Each "location" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-way railroad shall be considered a single "location." "Location" does not include a premises that is a "project". This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 6. MEDICAL PAYMENTS COVERAGE -INCLUDING PRODUCTS-COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement - Coverage C is replaced by the following: 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products-completed operations hazard;" provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 7. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to Paragraph 1.e. of the Insuring Agreement -Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. Page 3 of 7 75367646 I SOUTKCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 ll,22,42 AM (PST) I Page 11 of 23 This certificate cancels and supersedes ALL previously issued certificates. B. The following exclusion is added to Coverage B -Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 8. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in Paragraph 2.a.(1) of Section II -Who Is An Insured, does not apply to 2.a.(1 )(a) through 2.a.(1 )(c). B. Part a. of Paragraph 4. Nonowned Watercraft in Section II -Who Is An Insured does not apply. 9. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section I Coverage A: This insurance does not apply to any "bodily injury" or "property damage" arising out of any "wrap project or premises" where an insured under this policy is or was also an insured under one or more commercial general liability (CGL) policies (including any umbrella or excess policies that include the commercial general liability policy(ies) as underlying insurance) included within a "consolidated insurance (wrap-up) program." This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or not collected for any reason, including bankruptcy or insolvency of the insurer providing coverage for the "consolidated insurance (wrap-up) program". This exclusion also applies if the CGL coverage afforded under the "consolidated insurance (wrap-up) program" is narrower in scope than the coverage provided by this policy. This exclusion does not apply to: A. Products-Completed Operations Hazard Exception "Bodily injury" or "property damage" arising out of an "insured's operations" at or in connection with a "wrap project or premises" when such "bodily injury" or "property damage" commences after the "products-completed operations hazard" coverage or any completed operations extension coverage provided by the applicable "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B. Off-Site Location Exception "Bodily injury" or "property damage" resulting from an "insured's operations" at or in connection with a "wrap project or premises" at a location to which the applicable "consolidated insurance (wrap-up) program" does not apply. C. Repair Work And Punch List Work Exception Page 4 of 7 "Bodily injury" or "property damage" resulting from "repair work" or "punch list work" at a "wrap project or premises" but only when the applicable "consolidated insurance (wrap-up) program" does not apply or no longer applies to such "repair work" or "punch list work". This exception does not apply to the cost of performing such "repair work" or "punch list work", or to the "repair work" or "punch list work" itself. D. Additional Insured Extension "Bodily injury" or "property damage" for which you are solely an additional insured under the "consolidated insurance (wrap-up) program". The coverage provided under Paragraphs 9.A through 9.D. above is subject to all terms, conditions and exclusions of this policy. For purposes of Paragraph 9, the following definitions apply: "Consolidated insurance (wrap-up) program" means any agreement or arrangement, including any contractor-controlled, owner-controlled, project-specific or similar insurance program under which one or more contractor(s) working on a specified project are insured under one or more commercial general liability (CGL) policies (including any umbrella or excess policies that include the commercial general liability policy(ies) as underlying insurance) issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. "lnsured's operations" means all operations performed by a named insured (and not sub- contracted or performed by others on the insured's behalf). "Punch list work" means the "insured's operations" at or in connection with a "wrap project or premises" in order to complete the work called for in an insured's contract for the "wrap project or premises". "Repair work" means the "insured's operations" that are service, maintenance, correction, repair, replacement work, or periodic inspection performed by an insured at or in connection with a "wrap project or premises", in order to replace or repair an insured's completed work. .'Wrap project or premises" means any premises or construction, erection, improvement or renovation project subject to a "consolidated insurance (wrap-up) program". 10. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY Form HS 24 50 12 20 7S367646 I SOUTHCONl I 2022 GL CAU UMC wee IM I Tien Le I 7/19/2023 11 ,22 ,42 AM IPSTI I Page 12 of 23 This certificate cancels and supersedes ALL previously issued certificates. A. Exclusion p. of Section I -Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: p. Access Or Disclosure Of Confidential Or Personal Information And Data- Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) 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. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to liability for damages because of "bodily injury". B. Exclusion w. of Section 1 -Coverage B - Personal and Advetising Injury is replaced by the following: : w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. Form HS 24 50 12 20 C. The following Paragraph is added to Section Ill -Limits Of Insurance: Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. D. The following definition is added to Section V -Definitions: "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c . Transmitted to or from; computer software, (including systems and applications software) hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E. For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V -Definitions is replaced by the following: "Property damage" means: a. 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; b. 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 c. 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 insurance, "electronic data" is not tangible property. 11. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds is increased to $2,500. Page 5 of 7 75367646 I SOUTHCONl I 2022 GL CAU UMC wee IM I Tien Le I 7/19/2023 11,22,,2 AM (PSTI I Page lJ of 23 This certificate cancels and supersedes ALL previously issued certificates. 12. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this policy and any other policy issued to an insured by us or any affiliated company provides coverage that applies to the same claim or damages, the maximum applicable limit(s) of liability or limit of insurance under all the policies will not exceed the highest applicable limit of liability or limit of insurance under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically written to apply as excess insurance over this policy. 13. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 14. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY Exclusion e. of SECTION I -COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1 ) That the insured would have in the absence of the contract or ag reement; or Page 6 of 7 (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 15. INSURED CONTRACT DEFINITION a. INSURED CONTRACT -CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of "insured contract" in Section V -Definitions is deleted and replaced by the following: An obligation, as required by ordinance, to indemnify a municipality. b. CONTRACTUAL LIABILITY Paragraph f. of the definition of "insured contract" is deleted and replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: Form HS 24 50 12 20 75367646 I SOUTHCONl I 2022 GL CAtJ UMC wee IM I Tien Le I 7/19/2023 11:22:42 AM (PST) I Page 14 of 23 This certificate cancels and supersedes ALL previously issued certificates. (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, op1rnons, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Form HS 24 50 12 20 (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. All other terms and conditions in the policy remain unchanged. Page 7 of7 75367646 I SOUTHCONl I 2022 GL CAU UMC wco IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 15 of 23 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company 72UEAPT0696 7/19/2023 COMMERCIAL AUTOMOBILE HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the prov1s1ons of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or ( d) 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. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1 . -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) 75367646 I SOUTHCONl I 2022 GL CAU UMC wco IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 16 of 23 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. -DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SU IT OR LOSS -OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. -Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: ( 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: © 201 1, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) 75367646 I SOUTHCONl I 2022 GL CAU t/MC WCO IM I Tien Le I 7/19/2023 11,22,42 AM (PST) I Page 17 of 23 This certificate cancels and supersedes ALL previously issued certificates. Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash va lue of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1 ,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS -of SECTION Ill PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT -BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) 75367646 I SOUTHCONl I 2022 GL CAU UMC WCO IM I Tien Le \ 7/19/2023 11 ,22,42 AM (PST) I Page 18 of 23 This certificate cancels and supersedes ALL previously issued certificates. Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section Ill -Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVERAGE Under Paragraph A. -COVERAGE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS -of SECTION IV -BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE 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. 14. HIRED AUTO -COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) 75367646 I SOUTHCONl I 2022 GL CAU UMC WCO IM I Tien Le I 7/19/2023 11, 22, 4 2 AM ( PST) I Page 19 of 23 This certificate cancels and supersedes ALL previously issued certificates. Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS -CANCELLATION -applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: 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 provision 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. © 2011 , The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) 75367646 I SOUTHCONl I 2022 GL CAU UMC wee IM I Tien Le [ 7/19/2023 ll,22,42 AM (PST) I Page 20 of 23 This cert i f ica te cancel s and supersedes ALL previously issued certi f icates. Page 5 of 5 South~rn Contracting Company 7/1912023 72UEAPT0696 X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 0313 0611 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term . Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Page 1 of 1 © 2011 , The Hartford 75367646 I SOUTHCONl I 2022 GL CAO UMC WCO IM I Tien Le I 7/19/2023 ll,22,42 AM (PSTI I Page 21 of 23 This certificate cancels and supersedes ALL previously issued certificates. 9/23/2022 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number:72WEAZR334I Endorsement Number: Effective Date: 1010112022 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Southern Contracting Company P.O. Box445 San Marcos CA 92079 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Job Description AS REQUIRED BY WRITTEN CONTRACT. ALL CALIFORNIA LOCATIONS. Countersigned by A ~ Form WC 04 03 06 Process Date: (1) Printed in U.S.A. Authorized Representative Policy Expiration Date: 1010112023 70386045 I SOUTHCONl I 2022 GL CAU UMC XS WCO IM I Tien Le I 9/23/2022 11:18:04 AM (PDT) I Paae 20 of 21 X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER{S) Endorsement Number: Policy Number: 72WEAZR3341 Effective Date:10I1I2022 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Southern Contracting Company P.O. Box445 San Marcos CA 92079 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 9/23/2022 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Expiration Date: 101112023 © 2011, The Hartford 1038604S I SOUTHCONl I 2022 GL Cl\U UMC XS wco IM I Tien Le I 9/23/2022 11:18:04 AM (VDT) I Paae 21 of 21 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Southern Contracting Company ~me of Contractor) ~ By. -I -s:t:<\ .--c. . . ~ -3 - Philip E. Waterman, President (print name/title) Page __ 1 _ of _1_ pages of this Re Debarment form Revised 6/12/18 Contract No. 6062 Page 26 of 209 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of _1_ pages of this Disclosure of Discipline form Revised 6/12/18 Contract No. 6062 Page 27 of 209 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Southern Contracting Company (name of Contractor) " ~ By: \ . (sigrfher~ ::::,.,.,,~ z Philip E. Waterman, President (print name/title) Page _1_ of __ 1 _ pages of this Disclosure of Discipline form Revised 6/12/18 Contract No. 6062 Page 28 of 209 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 The undersigned declares: Southern Contracting Company I am the President of ______ , 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 June 28 20_2_3_ at San Marcos [city], CA [state]. ------------ " ~ ··:::>-. :..57.? 1 Signatur o I de;/4ilip E. Waterman Revised 6/12/18 Contract No. 6062 Page 29 of 209 CONTRACT PUBLIC WORKS This agreement is made this ".1--0\ day of ~-, ".2o2 3 ~by and between the City of Carlsbad, California.~pal corporation, (hereinafter called "City"), and Southern Contracting Company whose principal place of business is 559 North Twin Oaks Valley Road, San Marcos, California 92069 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Re- lease Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compli- ance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant ., f.,;: Revised 6/12/18 Contract No. 6062 Page 30 of 209 Revised 6/12/18 Contract No. 6062 Page 31 of 209 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 requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, dam- age, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to Revised 6/12/18 Contract No. 6062 Page 32 of 209 safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be Revised 6/12/18 Contract No. 6062 Page 33 of 209 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. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32 .028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. {µ) init ____ init 12. Maintenance of Records. Contractor shall maintain and mak:l'::e 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. ., fa;, Revised 6/12/18 Contract No. 6062 Page 34 of 209 Revised 6/12/18 Contract No. 6062 Page 35 of 209 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to sup- ply goods, services, or materials pursuant to a public works contract, the contractor or subcon- tractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledg- ment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORA TE SEAL) CONTRACTOR: Southern Contracting Company (name of Contractor) By:~<::. -::, (ignhere) Philip E. Waterman, President (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California By: 1~ KEITH BLACKBURN, Mayor ATTEST: By: ___________ _ (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON City Attar By: ., f.;; Revised 6/12/18 Contract No. 6062 Page 36 of 209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~~ •. ,,,<?,ze;,,1,,:xr,~•,<1c<~£m:i<'Je;<'~~-«'~-OM<'~-<i<?m-' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 07/19/2023 before me, I yon R Murisao-Eroles Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Waterman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.} whose name(.} i~ subscribed to the within instrument and acknowledged to me that helsh9lth9,r executed the same in histh9i:/th9ir :1uthorized capacity~, and that by histh9i:/th9ir signature(.} on the instrument the person(.}, or the entity upon behalf of which the person(.} acted, executed the instrument. ~--··········~ , ' + LYNN R. MURISON-EROLES : :f •" -Notary Public • California : I i • San Di~o County ~ -, Commission# 2329099 •'• My Comm. Expires Jun 22, 2024 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signaturv;f/M7J-Z~-~ ---------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: .... G~o=o~tr..,.a,.,,.c,._t .,..S~ig..,.o ..... a~tw ... r-e .... P_.a~g...,e~------------------ Document Date: 07/19/2023 Number of Pages: _._ ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E Waterman liZl Corporate Officer -Title(s): President □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: _________ _ "''· --~~'"--:{ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ' S ~.,(,ttie,'ltt eot-tt'l(lCll,:9. ~t:p<l:tt!f ... ,.; -.:, :.: .. P.ll. &o, 4-'5 • Sa,~ l'>br-:,as, c, 9'.21)79•0-1i45 • Tel ~.;o-N-l-Q7ciC, • r ,1'\ "3,J Hl i;4;5 \',eb'il&i.:: www.so:.tl1er11con.t.•a ~•~;. -::im Sm31l: ,\lal!:i;? sou ~l'l.•H:l CJ:, ~ra; ti 11;:. C 0"-' CORPORATE RESOLUTION "RESOLVED that Philip E. Waterman. whose signature appears below, of this corporation are hereby authorized, in the name of the corporation to execute a ContractJNote/Security AgreemenWehicle Lease Agreement/Fleet Lease Agreement/Conditional Sale with such sums, upon such term, and as often as may seem advisable to such persons." "The autho.rity herein conferred shall continue in full force and effect until written notice of its revocation shall be received by said dealer or any holder of any of the above described interments executed prior to any such revocation." AUTHORIZED SIGNATURE ~-----~, ~ ~-\&~K'rl--( Signature Philip E. Waterman I Richard W. McBride, of Southern Contracting Company, Hereby certify that the forgoing is a true copy of the resolution duly and legally adopted by the Board of Directors of said corporation, at a legal meeting of said Board duly and regularly held November 15, 2013, and that the signatures appearing above are genuine signatures of the person mentioned is said resolution and authorized to act of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and am still In full force and effect. Dated: November 15, 2013 BOND NO. 7901148170 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Southern Contracting Com- pany, (hereinafter designated as the "Principal"), a Contract for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 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, Southern Contracting Company, as Principal, (hereinafter designated as the "Contractor"), and NATIONWIDE MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred sixty- seven eleven dollars and seventy-two cents ($767,011 .72), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these pre- sents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ., f.~ Revised 6/12/18 Contract No. 6062 Page 37 of 209 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 19TH day of JULY , 20~ SOUTHERN CONTRACTING COMPANY (SEAL) (Principal) ~~ -By: I ~ \ (Signature) PHILIP E. WATERMAN, PRESIDENT (Print Name & Title) NATIONWIDE MUTUAL INSURANCE COMPANY (SEAL) (Surety) By /litl--D. Jr,;4u/i; (Signature) MARK D. IATAROLA, ATTORNEY-IN-FACT (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON CityAtto~ By: ., f..., Revised 6/12/18 Contract No. 6062 Page 38 of 209 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1 a lffli990 o □ oo oa • ■w u IIJ80I 1~ □ 001 KiJ j : □ □ [l'68l0:00088 08f.ll O 111 IOIJ D □ Bti 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 7/19/2023 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ isl-are-subscribed to the within instrument and acknowledged to me that he/she/th@-y executed the same in his/i'ter/their authorized capacity!te5), and that by his/heli'their signature(5) on the instrument the person(5j, or the entity upon behalf of which the person~) acted, executed the instrument. re<> ---<> <>SA'";jDRAFIGUERO;-1 ,-COMM.#2334108 )> ~ SAN DIEGO COUNTY )> ~ • NOTARY PUBLIC-CALIFORNIAZ l MY COMMISSION EXPIRES J SEPTEMBER 22, 2024 <..> <.> <.> <> <.> <> <> <.> <.> <.> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature c:::::r:::: ~ .---q OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual ~ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: ________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: _ Signer is Representing: ________ _ ffl Cl I I Ofll fl 111 U1 IIJI I lft0fl00000808f \ftftfftCI rB00008000fitll JOo/ 0 J □ fiOOi I ©2017 National Notary Association . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~~~~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 07/19/2023 before me, I yon R Murjson-Eroles Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Waterman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{e} whose nam~ i~ subscribed to the within instrument and acknowledged to me that he1sh91th9y executed the same in his/h9i;fth9ir authorized capacity~. and that by hi~/h9i;'th9ir signatur~ on the instrument the person{e}, or the entity upon behalf of which the person{e} acted, executed the instrument. LYNN R. MURISON-EROLES Notary Public · California ~ San Ol~o County ~ .. Commission #2329099 - ,.,. My Comm. Expires Jun 22, 2024 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa1u~-~ ign ~ ofNot Public --------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _.,L...,a ..... b,..o.,_r ..._al..lJnd......,M,..,a._.te..,r'-"ia.ul .... s .... B...,o=□ ..... d __________________ _ Document Date: 07/19/2023 Number of Pages: _.__ ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E Waterman ~ Corporate Officer -Title(s): President D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ ' "' ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Power Qf Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY; JOHN G MALONEY; MARK D IA TA ROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ: each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. ~-,:.~. r,~A-~ji\ ......... . ... · .. •' ~ (oj'""'~--" ---~·-- d/-@--- Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public, Stale of New York No. 02MC6270117 Qualified in New Yori( County Commission Expires October 19 2024 CERTIFICATE ~~",n~ Notary Public My CommlSSlon Expires October 19, 2024 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 19TH day of JULY 2023 c<~B-6-v~ Assistant Secretary BDJ 1 (08-21 )00 7/27/23, 3:41 PM Company Profile 1.. CALIFORNIA ' DEPARTMENT OF mSURArJCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Com plaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Se rvice Melissa DeKoven NATIONWIDE MUTUAL INSURANCE COMPANY 1 NATIONWIDE BLVD, FRAP SOLUTIONS COLUMBUS, OH 43215 800-523-7828 Effective Date 2710 Gateway Oaks Drive, Suite !SON Sacramento CA 95833-3505 Reference Information NAIC #: 23787 California Company ID #: 1805-1 Date Authorized in California: 08/03/1965 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty I State of Domicile: OHIO I back to top NAIC Group List NAIC Group #: 0140 NATIONWIDE CORP GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3720 1/2 BOND NO. 7901148170 PREMIUM: $5,839.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Southern Contracting Com- pany, (hereinafter designated as the "Principal"}, a Contract for: STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Southern Contracting Company, as Principal, (hereinafter designated as the "Contractor"}, and NATIONWIDE MUTUAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of seven hundred sixty- seven eleven dollars and seventy-two cents ($767,011.72}, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these pre- sents. 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. ., f.+; Revised 6/12/18 Contract No. 6062 Page 39 of 209 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 19TH day of JULY , 20 23 SOUTHERN CONTRACTING COMPANY (SEAL) (Principal) ' ~c_=----By: \ -. • ~ _:;.) (~ ~ PHILIP E. WATERMAN, PRESIDENT (Print Name & Title) NATIONWIDE MUTUAL INSURANCE COMPANY (Surety) _(SEAL) By:A'~o .~ (Signature) MARK D. IATAROLA, 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 Attorn By: / ~~~" -.. '~ .XV -k'.'.7..---=== ., f..-, Revised 6/12/18 Contract No. 6062 Page 40 of 209 CALIFORNIA ALL ·PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a a a MffOU81 a a a r.880lJ8f) 80800fDl99UlJOC DJ 6IOOOO )0:Q:(]58000000 D DlfllJ 00800JOOCID■ Ula j Of 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 7/19/2023 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/-ai:e-subscribed to the within instrument and acknowledged to me that he/she/ti'te:y executed the same in his/i'ter{their authorized capacityfies), and that by his/i'ter-iti'teir signature(s) on the instrument the person(s}, or the entity upon behalf of which the person~) acted, executed the instrument. <> <> <> <> <> <> <> <> 1 • SANDRA FIGUEROA ,.. COMM.# 2334108 )> Z SAN DIEGO COUNTY )> <{ NOTARY PUBLIC-CALIFORNIAZ l MY COMMISSION EXPIRES I SEPTEMBER 22, 2024 <..><><><.><..><.>c::::.><:><><> Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ~ /4 --, OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual ~ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: ________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: _ Signer is Representing: _________ _ B DJ IIONl@a D 1111 6 5 []alUIOYtfl BO QOfaWDJ:OOBU 011 lrlODJO:O Bt000Clllllr81JOHOL?ll00 )Cr'IJ OJ BO ©2017 National Notary Association ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~~~~~~~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 07/19/2023 before me, I yon R Murjson-Eroles Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Waterman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e} whose name(e} i~ subscribed to the within instrument and acknowledged to me that he1'1h911h9',' executed the same in his,'h9wth9ir 3uthorized capacity~. and that by his,'h9r:,(th9ir signature(e} on the instrument the person(e}, or the entity upon behalf of which the person(e} acted, executed the instrument. ~ :. ~: 7+ ft ~N; R.':u:s;-~o~s ft f -• ~; Notary Public • California ~ i u " San Oieto County r. ·· , Commiuion # 2329099 - • ••• My Comm. Expires Jun 22, 2024 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signaturi '~ --------------OPTIONAL-------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance/Warranty Bond Document Date: 07/19/2023 Number of Pages: ..,,_ ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E Waterman liZl Corporate Officer -Title(s): President □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: _________ _ IZC ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: HELEN MALONEY: JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021. ··--~ .. "'~,~~Q>\ ffts...-~A~;9\\ ,... :•-♦ ·... ./1 \,i~~# di-~ Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK: ss On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanle Rubino McArthur Notary Public, State of New York No. 02MC6270117 Qualified in New York County Commission Expires October 19, 2024 CERTIFICATE ~~"in~ Notary Public My Commission Ei,;pres Odober 19, 2024 I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 19TH day of JULY 202} o<~ 8-G-v'a- Assistant Secretary BDJ 1 (08-21 )00 7/27/23, 3:41 PM Company Profile I.. CALIFORNIA ' DEPARTMENT OF IHSURAHCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service Melissa DeKoven NATIONWIDE MUTUAL INSURANCE COMPANY 1 NATIONWIDE BLVD, FRAP SOLUTIONS COLUMBUS, OH 43215 800-523-7828 Effective Date 2710 Gateway Oaks Drive, Suite !SON Sacramento CA 95833-3505 Reference Information NAIC #: 23787 California Company ID #: 1805-1 Date Authorized in California: 08/03/1965 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: OHIO back to top NAIC Group List NAIC Group #: 0140 NATIONWIDE CORP GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3720 1/2 7/27/23, 3:41 PM back to top © 2008 California Department of Insurance Company Profile PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3720 2/2 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 Southern Contracting Company, whose address is 559 North Twin Oaks Valley Road, San Mar- cos, California 92069, 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 STREET LIGHTING REPLACEMENT PROGRAM -PHASE 2 (RE-BID) CONTRACT NO. 6062 in the amount of $767,011.72 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 ., f.+;' Revised 6/12/18 Contract No. 6062 Page 41 of 209 Revised 6/12/18 Contract No. 6062 Page 42 of 209 MAYOR 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. 6062 Page 43 of 209 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. 6062 Page 44 of 209 GENERAL PROVISIONS FOR STREET LIGHTING REPLACEMENT PROGRAM – PHASE 2 (RE-BID) CONTRACT NO. 6062 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. Revised 6/15/17 Contract No. 6062 Page 45 of 209 Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency – The City of Carlsbad, California. Agreement – See Contract. Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments. Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work. Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 6/15/17 Contract No. 6062 Page 46 of 209 Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contrac-tor” shall mean Contractor. Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Revised 6/15/17 Contract No. 6062 Page 47 of 209 Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – The Engineer’s designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. 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. Revised 6/15/17 Contract No. 6062 Page 48 of 209 Street – Any road, highway, parkway, freeway, alley, walk, or way. Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface Revised 6/15/17 Contract No. 6062 Page 49 of 209 ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL ..................................................................Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line FS ...................................................... Finished surface FT-LB .........................................................Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge GAL ............................................... Gallon and Gallons GALV ......................................................... Galvanized 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 Revised 6/15/17 Contract No. 6062 Page 50 of 209 INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ...................................................................Live load LOL .............................................................Layout line LONG ........................................................Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum LTS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................ State highway STA ................................................................... Station 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 Revised 6/15/17 Contract No. 6062 Page 51 of 209 VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ....................................................................American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA................................................................. American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHWA.............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters’ Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. 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) Revised 6/15/17 Contract No. 6062 Page 52 of 209 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103 centi (c)..................................................................................................10-2 milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12 1-5 SYMBOLS Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Revised 6/15/17 Contract No. 6062 Page 53 of 209 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. 6062 Page 54 of 209 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 6/15/17 Contract No. 6062 Page 55 of 209 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1. An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance com- missioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter desig- nated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Depart- ment of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 6/15/17 Contract No. 6062 Page 56 of 209 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Speci- fications and not shown on the Plans or shown on the Plans and not specified in the Specifica- tions, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent 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). 7. Standard Specifications for Public Works Construction, as amended. 8. Reference Specifications. 9. Manufacturer’s Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Contract Documents. Add the following: Where CALTRANS specifica- tions are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and con- struction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Revised 6/15/17 Contract No. 6062 Page 57 of 209 Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless 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 sub- mittals 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: ______________________________________________________________ Revised 6/15/17 Contract No. 6062 Page 58 of 209 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or 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. Revised 6/15/17 Contract No. 6062 Page 59 of 209 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, man- ufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 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 Revised 6/15/17 Contract No. 6062 Page 60 of 209 monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (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 Revised 6/15/17 Contract No. 6062 Page 61 of 209 completed by the Surveyor and inspected and approved by the Engineer before the start of con- struction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) 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’ & as appropriate 3/8” Horizontal & when depth cannot be Revised 6/15/17 Contract No. 6062 Page 62 of 209 Feature Staked Stake De- scription Centerline or Parallel to Centerline Spac- ing, Lateral Spac- ing , Setting Tolerance (Within) 25’ on curves when R 1000’ or where grade 0.30% measured from exist- ing pavement 1/4” Vertical Minor Structure RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression as appropriate 3/8” Horizontal & 1/4” Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake 50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical & 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 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 Revised 6/15/17 Contract No. 6062 Page 63 of 209 Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table Perpendicular to centerline. Some features are not necessarily parallel to centerline but are referenced thereto. Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, center- line, alignments, etc. White/Red Vertical Control Benchmarks White/Or- ange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, fi- nal 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 therefor. 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. 6062 Page 64 of 209 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection. Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor’s staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 6/15/17 Contract No. 6062 Page 65 of 209 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. 6062 Page 66 of 209 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. Revised 6/15/17 Contract No. 6062 Page 67 of 209 (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” pub- lished by 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. Revised 6/15/17 Contract No. 6062 Page 68 of 209 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor …………………………..…. 20 2. Materials …………………………. 15 3. Equipment Rental ………………. 15 4. Other Items and Expenditures … 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 6/15/17 Contract No. 6062 Page 69 of 209 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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 conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further 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. 6062 Page 70 of 209 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. 6062 Page 71 of 209 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. 6062 Page 72 of 209 (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 Revised 6/15/17 Contract No. 6062 Page 73 of 209 entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. Revised 6/15/17 Contract No. 6062 Page 74 of 209 (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject to this article: Revised 6/15/17 Contract No. 6062 Page 75 of 209 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 6/15/17 Contract No. 6062 Page 76 of 209 SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer’s approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety Revised 6/15/17 Contract No. 6062 Page 77 of 209 regulations as may apply. Contractor shall furnish Engineer with such information as may be nec- essary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Revised 6/15/17 Contract No. 6062 Page 78 of 209 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. Revised 6/15/17 Contract No. 6062 Page 79 of 209 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The inves- tigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional in- formation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledge- ment, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Con- tractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the coop- erative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may Revised 6/15/17 Contract No. 6062 Page 80 of 209 provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the inves- tigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertain- ing to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the 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. 6062 Page 81 of 209 SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 6/15/17 Contract No. 6062 Page 82 of 209 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements be- fore commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for man- hole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and 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 Revised 6/15/17 Contract No. 6062 Page 83 of 209 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. 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. 6062 Page 84 of 209 SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 60 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. Revised 6/15/17 Contract No. 6062 Page 85 of 209 6-1.2.4 Schedule Software. The Contractor shall use commercially available software to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency the Baseline Construction Schedule in a format acceptable by the Agency on the intervals established and accepted by the Agency. 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 Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engi- neer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions within thirty (30) working days after the date of the preconstruction meeting shall be Revised 6/15/17 Contract No. 6062 Page 86 of 209 grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construc- tion Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the cor- rections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 6-1.3 Preparation of Schedule Updates 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 electronic submittal may be submitted in a format accepted by the Agency, labeled with the project name and number, the Contractor’s name and the date of prep- aration of the schedule. The schedule data information shall be readable and shall be free of file locking, malware, encryption or any other protocol that would impede full access of all data stored on it or harm to the Agency. 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. Revised 6/15/17 Contract No. 6062 Page 87 of 209 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 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. Revised 6/15/17 Contract No. 6062 Page 88 of 209 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Sched- ule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revi- sions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. The stipulated lump sum price paid for Construction Sched- ule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer’s determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental pro- visions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per Sections 6-1.8.1 through 6-1.8.3. 6-1.8.1 Initial Payment. Up to 30% of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project. 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments equivalent to the amount accepted by the Agency will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, up- dated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. 6-1.8.3 Concluding Payment. A Final payment for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Revised 6/15/17 Contract No. 6062 Page 89 of 209 Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans or included documents and as specified in the Specifications. The work includes replacing all existing streetlight fixtures as herein directed with new LED fixtures, and (as needed) re-installing existing “bird stops,” replacement fuses, or “light shields” when pre- sent. All existing fixtures are to be recycled by the Contractor, except any existing LED fixtures, which are to be returned to the Agency. All traffic control, equipment, materials, labor and means of providing the work required to complete the contract shall be the re- sponsibility of the Contractor. 6-2.2 Construction Phasing Example 6-2.2.1 Initial Phases - Scheduling, Mapping, Material Purchase; Mid-Phases - Construction Work, Progress Meeting, etc.; Final Phases – Inspection/Punch Lists, Conclusion 6-2.2 Project Meetings. The Engineer will establish the time and location of Weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Rep- resentative shall be the individual determined under Section 7-6, “The Contractor’s Representa- tive”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. Revised 6/15/17 Contract No. 6062 Page 90 of 209 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 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. Revised 6/15/17 Contract No. 6062 Page 91 of 209 No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor 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 clas- sification 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, Revised 6/15/17 Contract No. 6062 Page 92 of 209 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work out- side said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving shall be performed by the contractor outside 7 a.m. and 5 p.m. unless otherwise approved by the Agency. 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 pay- ment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer may require after hours and weekend work on an interim basis to accomplish work described herein if significant delays are presented by the Con- tractor. 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 perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” Revised 6/15/17 Contract No. 6062 Page 93 of 209 to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of seven hundred dollars ($700) per calendar day as liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 6/15/17 Contract No. 6062 Page 94 of 209 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to un- dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Revised 6/15/17 Contract No. 6062 Page 95 of 209 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 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 2. California Department of Fish and Game 3. California Water Quality Control Board 4. United States Army Corps of Engineers 5. United States Fish and Wildlife Service 7-5.2.4 Requirements for use of Railway Flaggers 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 Revised 6/15/17 Contract No. 6062 Page 96 of 209 person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor’s representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time exten- sion if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at 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. Revised 6/15/17 Contract No. 6062 Page 97 of 209 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 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. Revised 6/15/17 Contract No. 6062 Page 98 of 209 Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of Storm- water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic 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. Revised 6/15/17 Contract No. 6062 Page 99 of 209 Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal com- pany, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 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. Revised 6/15/17 Contract No. 6062 Page 100 of 209 For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam- ple of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. 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 ............................................................................ 760-602-2720 2. Carlsbad Fire Department Dispatch .......................................... 760-931-2197 3. Carlsbad Police Department Dispatch ...................................... 760-931-2197 4. Carlsbad Traffic Signals Maintenance (extension 2937) ........... 760-438-2980 5. Carlsbad Traffic Signals Operations.......................................... 760-602-2752 6. North County Transit District ..................................................... 760-967-2828 Revised 6/15/17 Contract No. 6062 Page 101 of 209 7. Republic Services ..................................................................... 760-332-6464 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the 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 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delin- eation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb mark- ing shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Con- tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con- tractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be re- moved from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the trav- eled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Revised 6/15/17 Contract No. 6062 Page 102 of 209 Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in- cluding any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equip- ment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The pro- visions in this section will not relieve the Contractor from its responsibility to provide such addi- tional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the Cal- ifornia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes obliteration of pave- ment delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to estab- lish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mate- rial. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new 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. Revised 6/15/17 Contract No. 6062 Page 103 of 209 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day re- view period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP sub- mittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supple- ments and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Such modification, addition, supplement, and/or new de- sign of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the regis- tered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supple- mental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Revised 6/15/17 Contract No. 6062 Page 104 of 209 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 therefor. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: Revised 6/15/17 Contract No. 6062 Page 105 of 209 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and Revised 6/15/17 Contract No. 6062 Page 106 of 209 regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the par- ties.” Revised 6/15/17 Contract No. 6062 Page 107 of 209 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. This section not used. Revised 6/15/17 Contract No. 6062 Page 108 of 209 SECTION 9 – MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Stand- ard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT. 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it Revised 6/15/17 Contract No. 6062 Page 109 of 209 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 the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Revised 6/15/17 Contract No. 6062 Page 110 of 209 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, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under Section 6-9. 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 Esti- mate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the Revised 6/15/17 Contract No. 6062 Page 111 of 209 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. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule and includes full com- pensation 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 op- erations, 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, excepting those specifically paid for under separate sections of these spec- ifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Revised 6/15/17 Contract No. 6062 Page 112 of 209 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. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation sys- tems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his ex- pense. Remove and Replace Street Light Fixtures (All line items A-1 through A-4). The contract unit price paid for this bid item shall constitute full compensation to remove and replace street light fixtures at along various streets in the City. The bid item shall include furnishing and installing GE Evolve LED Roadway Lighting fixtures ERLx-0-xx-xx-30-A-GRAY-LY or approved equal. A Fisher-Pierce # TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. Streetlights shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, light fixture, photocell, wire connections, testing of new light fixture, salvaging old LED fixtures, recycling old induction fixtures, mobilization, and traffic control. Remove and Replace Street Light Fixtures with GE or equivalent. The contract unit price paid for this bid item shall constitute full compensation to remove and replace street light fixtures at various streets in the City. The bid item shall include furnishing and installing GE Evolve LED Roadway Lighting fixture or approved equal. In the event that the ‘as found’ condition of a streetlight is non-coastal finsihed, replace the unit with a new “LY” coastal finished fixture and return the ‘as found to the City of Carlsbad. Database and reporting requirements. Contractor will receive a CSV or Microsoft Excel file including unique identifier and location of all fixtures to be replaced. Map file (pdf) of assets to be replaced will also be provided by the City. Upon completion of installs, Contractor will provide an updated CSV/ Excel spreadsheet, or a SHAPE (.shp) file to the City memorializing all new LED fixture installs. *Note, color temperature, light intensity and or Part Number may change prior to vendor’s Notice to Proceed. Vendor to verify correct Part Number with City of Carlsbad prior to commencement of work. Revised 6/15/17 Contract No. 6062 Page 113 of 209 Bid Item No. A-3. Note that the City of Carlsbad will provide up to 140 LED light fixtures (“New Old Stock”) to be used for Collector streets. Photocells for these 140 fixtures will be provided by the city. *Note, color temperature and Part Number may change prior to vendor’s Notice to Proceed. Ven- dor to verify correct Part Number with City of Carlsbad prior to commencement of work. Remove and Replace Cul-de-sac Street Light Fixtures (Bid Item No. A-1). The City of Carlsbad will be replacing approximately 526 units city-wide at the end of every Cul-de-sac. These exist as 40W induction fixtures. Replace these with like-kind LED replacements (ERL1-0-04-D3- 30-A-GRAY-LY) and photocell controller. *Note, color temperature and Part Number may change prior to vendor’s Notice to Proceed. Ven- dor to verify correct Part Number with City of Carlsbad prior to commencement of work. Remove and Replace Cul-de-sac (Straight) and Local Street Light Fixtures (Bid Item No. A- 2). The City of Carlsbad will be replacing approximately 1449 units city-wide in the straight portions of every Cul-de-sac and Local Streets. These exist as 40W induction fixtures. Replace these with like-kind LED replacements (ERL1-0-04-C3-30-A-GRAY-LY) and photocell controller. *Note, color temperature and Part Number may change prior to vendor’s Notice to Proceed. Ven- dor to verify correct Part Number with City of Carlsbad prior to commencement of work. Remove and Reinstall Street Light Shields (Bid Item No. A-5) Each. The contract unit price paid for this bid item shall constitute full compensation to remove and reinstall existing street light shields at various locations. The bid item shall include reinstalling the existing shields with new stainless-steel screws to the new street light fixture. Streetlights’ shields shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all material, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with Greenbook and contract documents. This includes, but is not limited to, stainless steel screws, mobilization, and traffic control. Remove and Replace Fuse (Bid Item No. A-6) Each. The contract unit price paid for this bid item shall constitute full compensation to remove and replace fuses at various street light poles. The bid item shall include furnishing and installing new fuses within the existing street light pole for locations that have inoperable street light fixtures. Fuses shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all material, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with Greenbook and contract documents. This includes, but is not limited to, fuses, fuse holders, mobilization, and traffic control. Revised 6/15/17 Contract No. 6062 Page 114 of 209 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. 6062 Page 115 of 209 200-2 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 Revised 6/15/17 Contract No. 6062 Page 116 of 209 moneys due, or that may become due, the Contractor under the contract. If both the aggregate grad- ing and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete 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(a) Integral Colored Concrete. Add the following: Integral color shall consist of col- ored 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 pig- ments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the in- stallation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Revised 6/15/17 Contract No. 6062 Page 117 of 209 Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manu- facturer’s specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 per- centage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Water base penetrating sealer shall be a sealer designed for the protection of imprinted and nat- ural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the ma- sonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer’s directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours 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 Revised 6/15/17 Contract No. 6062 Page 118 of 209 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 or perpendicular to the curb line. When not oth- erwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A” and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type “A” as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant: complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Revised 6/15/17 Contract No. 6062 Page 119 of 209 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 preformed, compressible, resilient, nonstaining, nonwaxing, non- extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyeth- ylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polysty- rene foam is not acceptable. 201-3.7 Type “D” Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. Add the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conform- ance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grad- ing as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt con- crete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 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. 6062 Page 120 of 209 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accord- ance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. Add the following: Open graded or Gap graded asphalt con- crete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Graded class ARHM-GG-C. SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES GRADES Headers for bituminous pavement up to 50 mm x 100 mm (2”x4”) Construction grade Redwood or preserva- tive treated construction grade Douglas Fir Headers for bituminous pavement larger than 50 mm x 100 mm (2”x4”) Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir Revised 6/15/17 Contract No. 6062 Page 121 of 209 SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the ser- viceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and alumi- num marks. 206-7.1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the 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. Revised 6/15/17 Contract No. 6062 Page 122 of 209 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be pro- vided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and porta- ble signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accord- ance with details shown on the plans, the California Sign Specifications and these special provi- sions. Permanent and temporary signs shall be free from blemishes that may affect the service- ability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manu- facture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Desig- nation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designa- tion B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coat- ing shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, 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. Revised 6/15/17 Contract No. 6062 Page 123 of 209 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 signposts 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 signposts shall conform to the requirements of these special provisions. 206-7.2.6 Temporary Traffic Signposts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tub- ing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be per- forated on all four faces with 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 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). Revised 6/15/17 Contract No. 6062 Page 124 of 209 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside mm Dimensions (inches) Outside Tolerance for mm All Sides at Corners (inches) 25 x 25 (1 x 1) 0.13 0.005 32 x 32 (11/4 x 11/4) 0.15 0.006 38 x 38 (11/2 x 11/2) 0.15 0.006 44 x 44 (13/4 x 13/4) 0.20 0.008 51 x 51 (2 x 2) 0.20 0.008 56 x 56 (23/16 x 23/16) 0.25 0.010 57 x 57 (21/4 x 21/4) 0.25 0.010 64 x 64 (21/2 x 21/2) 0.25 0.010 51 x 76 (2 x 3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside mm Dimension (Inches) Squar mm eness(1) (Inches) Twist Permissible mm(2) in 900 mm (3”) (Inches)(2) 25 x 25 (1 x 1) 0.15 0.006 1.3 0.050 32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050 38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050 44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062 51 x 51 (2 x 2) 0.30 0.012 1.6 0.062 56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062 57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062 64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075 51 x 76 (2 x 3) 0.46 0.018 1.9 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diameter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type III Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a con- troller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions. Revised 6/15/17 Contract No. 6062 Page 125 of 209 The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of com- plete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that au- tomatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-pro- grammed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be op- erator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and main- tained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in ac- cordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensa- tion for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from lo- cation to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. Revised 6/15/17 Contract No. 6062 Page 126 of 209 SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designa- tions C 361-95 and C 443-94. Pipe designated in the plans as “pressure pipe” or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with “O” rings conforming to ASTM C-443 and C- 361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in ac- cordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a mini- mum of 2 mils. thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE Add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Layout Drawings Manufacturer’s tests Mill Reports or Plant Test Reports Fabrication Details Dimensional Checks Protective Coatings Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certi- fications shall be dated within three (3) years of the job to be performed. Revised 6/15/17 Contract No. 6062 Page 127 of 209 The top of all pipe and specials shall be clearly identified by marking the top with “T.O.P.” for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Mark- ing Tape shall have a minimum 0.13 mm (0.005”) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1(A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056”) Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20”) Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) Revised 6/15/17 Contract No. 6062 Page 128 of 209 TABLE 207-25.1(B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the re- quirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Dam- age to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid pe- troleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Spec- ification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, Na- tional Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 209 - ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, “Signals, Lighting and Elec- trical Systems”, of the Caltrans Standard Specifications replaces Section 209, “Electrical Compo- nents”, and Section 307, “Street Lighting and Traffic Signals”, of the SSPWC, in all matters per- taining to the specifications for measurement, payment, warranty, materials and methods of con- struction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified ex- cept as specified in sections other than Section 209, herein. SECTION 86 - SIGNALS, LIGHTING AND TRAFFIC ELECTRICAL SYSTEMS 86-2 MATERIALS AND INSTALLATION Replace Section 86-2.02 with the following: 86-2.02 Removing and Replacing Improvements. In addition to the requirements of sections 7-9, “Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Resurfacing”, Revised 6/15/17 Contract No. 6062 Page 129 of 209 improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete pavement, underlying material, lawns and plants, and any other improvements removed, broken or damaged by the Contractor’s operations, shall be replaced or reconstructed with the same kind of material as found on the work or with materials of equal quality. he new work shall be left in a serviceable condition. Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the entire square, section or slab shall be removed and the concrete recon- structed as above specified. The outline of all areas to be removed in portland cement concrete sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2”) with an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat and true along score lines, with no shatter outside the removal area. Replace Section 86-2.05B with the following: 86-2.05B Use. Exposed conduit installed on a painted structure shall be painted the same color as the structure. Unless otherwise indicated, the minimum metric trade size of conduit shall be: 1. From an electrolier to the adjacent pull box shall be Size 41 (11/2” dia). 2. From a pedestrian push button post to the adjacent pull box shall be Size 27 (1” dia). 3. From a signal standard to the adjacent pull box shall be Size 53 (2” dia). 4. From a controller cabinet to the adjacent pull box shall be Size 78 (3” dia). 5. For detector runs shall be Size 78 (3” dia). 6. Not otherwise specified shall be Size 78 (3” dia). Add the following: 86-2.08 Conductors. Signal cable shall be used for all new traffic signal installations. Individual conductors shall not be used. Add the following: 86-2.09B Installation. All conductors shall be pulled directly from the spool into the conduit and shall not be dragged on the ground as to cause damage to the conductors. 86-3 CONTROLLER ASSEMBLIES Add the following: 86-3.04A Cabinet Construction. Controller cabinets shall be fabricated from aluminum sheet. Controller cabinets shall have a single front door equipped with a Best Company lock core and lock. No other manufacturers shall be accepted. Add the following section: 86-3.05F Document Tray. Controller cabinets shall have a pull-out type document tray. Add the following section: 86-3.05G Uninterruptible Power System. An uninterruptible power system (UPS) shall be installed in each controller cabinet. The UPS shall be Clary SP 1000 series (or approved equal)and shall provide a minimum of eight (8) hours of continuous red flash operation at intersections using red LED signal indications and provide power conditioning to the controller. Batteries for the UPS shall be housed in a NEMA 3R rated cabinet mounted to the side of the Model 332 cabinet per Caltrans specifications. The battery cabinet door shall be equipped with a Best Company lock core and lock. Revised 6/15/17 Contract No. 6062 Page 130 of 209 86-4 TRAFFIC SIGNAL FACES AND FITTINGS Replace Section 86-4.06 with the following: 86-4.06 Pedestrian Signal Faces. Message symbols for pedestrian signal faces shall be white WALKING PERSON, Portland orange UPRAISED HAND and COUNTDOWN DIGITS. Pedestrian signal faces shall conform to definitions and practices described in “Pedestrian Traffic Control Signal Indications” published in the Equipment and Materials Standards of the Institute of Transportation Engineers, (referred to in this document as “PTCSI”) and in the Applicable Sections of Manual on Uniform Traffic Control Devices (MUTCD) 2003 Section 4E. Add the following section: 86-4.06A Physical and Mechanical Requirements. Add the following section: 86-4.06A(1) General. Modules shall not require special tools for installation and shall fit into existing pedestrian signal housings built for the PTCSI sizes stated in Section 1 of the “walking person” and “hand” icon pedestrian signal indication Standard without modification to the housing. Installation of a retrofit replacement module into an existing pedestrian signal housing shall only require the removal of the existing optical unit components, i.e., lens, lamp module, gaskets, and reflector; shall be weather tight and fit securely in the housing; and shall connect directly to existing electrical wiring. Add the following section: 86-4.06A(2) The Module under Physical and Mechanical Requirements. 1. The LED module shall have a visual appearance similar to that of an incandescent lamp (ie: Smooth and non-pixilated). 2. The module lens shall not be a replaceable part. Screwed on lenses are not allowed. Only modules with internal mask shall be utilized. No external silk-screen shall be permitted. 3. The dividers inside the module that make up the icons and digits shall be black so as to eliminate sun phantom effect. When not illuminated with the sun shining into the module, the WALKING PERSON and UPRAISED HAND and COUNTDOWN DIGITS shall not be readily visible. 4. The countdown digits of the pedestrian signal module shall be located adjacent to the associated UPRAISED HAND (symbolizing DON’T WALK). When displaying a number “1” for both digits, the number “1” shall use the two segments furthest to the right. The digits shall remain on during the entire count down cycle. Flashing digits are not allowed. 5. The display of the number of remaining seconds shall begin only at the beginning of the pedestrian change interval. After the countdown displays zero, the display shall remain dark until the beginning of the next countdown. 6. The walking person, hand icons and countdown digits (16”x18” size only) shall be incandes- cent looking. The configurations of the walking person icon, hand icon and numbers icons are illustrated in Figures 1, 2 (per PTCSI Part 2 Specification) and Figure 3 respectively. Revised 6/15/17 Contract No. 6062 Page 131 of 209 Figure 1 Figure 2 Figure 3 Dimensions for Figures 1, 2 and 3 For each nominal message bearing surface (module) size, use the corresponding minimum H (height) and W (width) measurements: Module Size Icon Height Icon Width Count- down Height Count- down Width Countdown Segment Width 406 x 457 mm 297 mm 178 mm 229 mm 178 mm 17.78 mm (16 x 18 in) 11 in 7 in 9 in 7 in 0.7 in Note: The units shall not have any external attachments, dip switches, toggle switches or options that will allow the mode to be changed from counting the clearance cycle, to the full walk/don’t walk cycle or any other modification to the icons or digits. Add the following section: 86-4.06A(3) Environmental Requirements. 1. All exposed components of a module shall be suitable for prolonged exposure to the en- vironment, without appreciable degradation that would interfere with function or appear- ance. As a minimum, selected materials shall be rated for service for a period of a mini- mum of 60 months in a south-facing installation. 2. The module shall be rated for use in the ambient operating temperature range, measured at the exposed rear of the module, of -40°C to +74°C. (-40°F to +165°F). 3. A module shall be protected against dust and moisture intrusion, including rain and blowing rain. Shall be sealed and meet MIL-STD-810F Procedure I, Rain & Blowing Rain specifi- cations. 4. The module lens shall not crack, craze or yellow due to solar UV irradiation typical for a south-facing Arizona Desert installation after a minimum of 60 months in service. Add the following section: 86-4.06A(4) Construction. a. To prevent water seepage between the back cover and the electrical wires, or between the copper and insulation of the wires, the electrical wires shall not penetrate the LED module housing. Revised 6/15/17 Contract No. 6062 Page 132 of 209 b. The module shall be a single, self-contained device, not requiring on-site assembly for in- stallation into an existing pedestrian signal housing. The power supply shall be designed to fit and mount inside the pedestrian signal module. c. The assembly and manufacturing process for the module shall be designed to assure all internal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. Add the following section: 86-4.06A(5) Materials. a. Materials used for the lens and LED module construction shall conform to ASTM specifi- cations where applicable. b. Enclosures containing the power supply and electronic components of the LED module shall be made of UL94 flame retardant materials. The lens of the LED module is excluded from this requirement. c. The front window shall be a transparent polycarbonate material with internal masking to prevent the icons and digits from being visible when not in operation. External masking or silk-screen technology shall not be permitted. When not illuminated, the Walking Per- son, Hand and Countdown Digits shall not be readily visible. Add the following section: 86-4.06A(6) Module Identification. a. Each module shall be identified on the backside with the manufacturer’s name, model, serial number and operating characteristics of each symbol. The operating characteristics identi- fied shall include the nominal operating voltage and stabilized power consumption, in watts and Volt-Amperes. b. Modules conforming to this specification (WALKING PERSON, UPRAISED HAND only), may have the following statement on an attached label: “Manufactured in Conformance with the ITE Pedestrian Traffic Control Signal Indications - Part 2: Light Emitting Diode (LED) Pedestrian Signal Modules”. Add the following section: 86-4.06B Photometric Requirements. Add the following section: 86-4.06B(1) Luminance, Uniformity and Distribution. 1. For a minimum period of 60 months, the maintained minimum luminance values for the modules under the operating conditions defined in Sections 2.3.1 and 4.2.1, when meas- ured normal to the plane of the icon surface, shall not be less than: • Walking person: 2,200 cd/m2; • Hand: 1,400 cd/m2. • Countdown digits: 1,400 cd/m2; The luminance of the emitting surface, measured at angles from the normal of the sur- face, may decrease linearly to a value of 50% of the values listed above at an angle of 15 degrees. The light output requirements in this specification apply to pedestrian signal heads without any visors, hooded or louvered (egg-crate). 2. The LED module shall have a visual appearance similar to that of an incandescent lamp (i.e., smooth and non-pixilated). Revised 6/15/17 Contract No. 6062 Page 133 of 209 3. Maximum permissible luminance: When operated within the temperature range specified in Section 2.3.2, the actual luminance for a module shall not exceed three times the required peak value of the minimum maintained luminance. 4. Luminance uniformity: The uniformity of the signal output across the emitting section of the module lens (i.e. the hand, person or countdown icon) shall not exceed a ratio of 5 to 1 between the maximum and minimum luminance values (cd/m2). Add the following section: 86-4.06B(2) Chromaticity. 1. The standard colors for the LED Pedestrian Signal Module shall be White for the walking person and Portland Orange for the hand icon and the countdown digits. The colors for these icons shall conform to the following color regions, based on the 1931 CIE chroma- ticity diagram: Walking Person —White: Blue boundary: x = 0.280. 1st Green boundary: 0.280 ≤ x < 0.400 y = 0.7917•x + 0.0983. 2nd Green boundary: 0.400 ≤ x < 0.450 y = 0.4600•x + 0.2310. Yellow boundary: x = 0.450 1st Purple boundary: 0.450 ≤ x < 0.400 y = 0.4600•x + 0.1810. 2nd Purple boundary: 0.400 ≤ x < 0.280 y = 0.7917•x + 0.0483. White Point x y 1 0.280 0.320 2 0.400 0.415 3 0.450 0.438 4 0.450 0.388 5 0.400 0.365 6 0.280 0.270 Hand and Countdown Digits—Portland Orange: Yellow boundary: y = 0.390 White boundary: 0.600 ≤ x ≤ 0.659 y = 0.990 – x Red boundary: y = 0.331. Portland Orange Point X Y 1 0.609 0.390 2 0.600 0.390 3 0.659 0.331 4 0.669 0.331 Revised 6/15/17 Contract No. 6062 Page 134 of 209 a. Color Uniformity: Walking Person—White: where Δx and Δy are the differences in the chromaticity coordinates of the measured colors to the coordinates of the average color, using the CIE 1931 Chromaticity Dia- gram and a 2 degree Standard Observer. Hand and Countdown Digits—Portland Orange: The dominant wavelength for any individual color measurement of a portion of the emitting surface of a module shall be within ±3nm of the dominant wavelength for the average color measurement of the emitting surface as a whole. Add the following section: 86-4.06C Electrical. Add the following section: 86-4.06C(1) General. All wiring and terminal blocks shall meet the requirements of Section 13.02 of the VTCSH Standard. Maximum of three secured, color coded, 1 meter (39 in) long 600 V, 16 AWG minimum, jacketed wires, conforming to the National Electrical Code, rated for service at +105°C, are to be provided for electrical connection. The conductors shall be color coded with orange for the hand, blue for the walking person and white as the common lead. Add the following section: 86-4.06C(2) Voltage. 1. LED modules shall operate from a 60 + 3 Hertz ac line power over a voltage range from 80 to 135 VAC RMS. 2. Nominal operating voltage for all measurements shall be 120 + 3 VAC RMS. 3. Fluctuations in line voltage over the range of 80 to 135 VAC RMS shall not affect luminous intensity by more than + 10 %. 4. Catastrophic failure of one LED light source in Man & Hand icons shall not result in the loss of more than the light from that one LED. 5. To prevent the appearance of flicker, the module circuitry shall drive the LEDs at frequencies greater than 100 Hz when modulated, or at DC, over the voltage range specified in Section 4.2.1. 6. Low Voltage Turn Off: There should be no illumination of the module when the applied volt- age is less than 35 VAC RMS. To test for this condition, each icon must first be fully illumi- nated at the nominal operating voltage. The applied voltage shall then be reduced to the point where there is no illumination. This point must be greater than 35 VAC RMS. 7. Turn-ON and Turn-OFF Time: A module shall reach 90% of full illumination (turn-ON) within 75 msec of the application of the nominal operating voltage. The signal shall cease emitting visible illumination (turn-OFF) within 75 msec of the removal of the nominal oper- ating voltage. 8. Default Condition: For abnormal conditions when nominal voltage is applied to the unit across the two-phase wires (rather than being applied to the phase wire and the neutral wire) the pedestrian signal unit shall default to the hand symbol. 9. Icon Power Supplies: LED pedestrian countdown modules shall have two separate power supplies for powering the Walking Person and Upraised Hand icons. The circuitry shall be ()()04.022+yx Revised 6/15/17 Contract No. 6062 Page 135 of 209 unrelated to power the LED Walking Person icon and the LED Upraised Hand icon, in order to virtually eliminate the risk of displaying the wrong icon Add the following section: 86-4.06C(3) Transient Voltage Protection. The on-board circuitry of a module shall include volt- age surge protection: • To withstand high-repetition noise transients and low-repetition high-energy transients as specified in NEMA Standard TS-2 2003; Section 2.1.8 • Section 8.2 IEC 1000-4-5 & Section 6.1.2 ANSI/IEEE C62.41.2-2002, 3kV, 2 ohm • Section 8.0 IEC 1000-4-12 & Section 6.1.1 ANSI/IEEE C62.41.2-2002, 6kV, 30 ohm Add the following section: 86-4.06C(4) Electronic Noise. The LED signal and associated on-board circuitry shall meet the requirements of the Federal Communications Commission (FCC) Title 47, Subpart B, Section 15 regulations concerning the emission of electronic noise by Class A digital devices. Add the following section: 86-4.06C(5) Power Factor (PF) and AC Harmonics. 1. The modules shall provide a power factor of 0.90 or greater when operated at nominal operating voltage, and 25ºC (77ºF). 2. Total harmonic distortion induced into an AC power line by the module, operated at nominal operating voltage, and at 25ºC (77ºF) shall not exceed 20%. Add the following section: 86-4.06C(6) Controller assembly Compatibility. 1. The current draw shall be sufficient to ensure compatibility and proper triggering and operation of load current switches and conflict monitors in signal controller units. 2. Off State Voltage Decay: When the module is switched from the “On” state to the “Off” state the terminal voltage shall decay to a value less than 10 VAC RMS in less than 100 milliseconds when driven by a maximum allowed load switch leakage current of 10 milliamps peak (7.1 milliamps AC) Add the following section: 86-4.06C(7) Constant Current Drive. The countdown digits shall be driven by constant current to improve LED efficiency and lifespan. Add the following section: 86-4.06C(8) Power Consumption. Maximum power consumption requirements for the modules are as follows: 25°C "Hand" 11.0 Watts “Walking Person” 8.0 Watts "Count-Down Display" 6.0 Watts (when display shows “88”) Add the following section: 86-4.06D Module Functions. Revised 6/15/17 Contract No. 6062 Page 136 of 209 Add the following section: 86-4.06D(1) Cycle. The module shall operate in one mode: Clearance Cycle Countdown Mode Only. The module shall start counting when the flashing don’t walk turns on and will countdown to “0” and turn off when the steady “Don’t Walk” signal turns on. The module shall not have user accessible switches or controls for the purpose of modifying the cycle, icons or digits. Add the following section: 86-4.06D(2) Learning Cycle. At power on, the module enters a single automatic learning cycle. During the automatic learning cycle, the countdown display shall remain dark. Add the following section: 86-4.06D(3) Cycle Modification. The unit shall re-program itself if it detects any increase or de- crease of Pedestrian Timing. The digits shall go blank once a change is detected and then take one complete pedestrian cycle (with no counter during this cycle) to adjust its buffer timer. Add the following section: 86-4.06D(4) Recycling. The module shall allow for consecutive cycles without displaying the steady Hand icon (“Don’t Walk”). Add the following section: 86-4.06D(5) Pre-Emption. The module shall recognize preemption events and temporarily mod- ify the crossing cycle accordingly. • If the controller preempts during the walking man, the countdown shall follow the control- ler's directions and shall adjust from walking man to flashing hand. It shall start to count down during the flashing hand. • If the controller preempts during the flashing hand, the countdown shall continue to count down without interruption. The next cycle, following the preemption event, shall use the correct, initially programmed values. This specification is worded such that the flashing don’t walk time is not modified. Add the following section: 86-4.06D(6) “Don’t Walk” Steady. If the controller output displays Don’t Walk steady condition or if both the hand /person go dark and the unit has not arrived to zero, the unit suspends any timing and the digits shall go dark. Add the following section: 86-4.06D(7) Power Outage. The digits will go dark for one pedestrian cycle after loss of power of more than 2.0 seconds. Add the following section: 86-4.06D(8) Digit Operation. The digits shall remain continuously lit during the clearance cycle and shall not flash in conjunction with the Hand/Don’t Walk icon. Add the following section: 86-4.06E Quality Assurance. Revised 6/15/17 Contract No. 6062 Page 137 of 209 Add the following section: 86-4.06E(1) General. Unless otherwise specified all of the test will be conducted at an ambient temperature of 25°C and at the nominal operating voltage of 120 VAC RMS. 1. The modules shall be manufactured in accordance with a vendor quality assurance (QA) program. 2. QA process and test result documentation shall be kept on file for a minimum period of seven years Add the following section: 86-4.06E(2) Conformance. The module designs not satisfying design qualification testing and the production quality assurance testing performance requirements shall not be labeled, advertised, or sold as conforming to this specification. Add the following section: 86-4.06E(3) Production Tests & Inspections. All lamps manufactured shall be affixed with an Intertek ETL Verified label (or other 3rd Party “Nationally Recognized Testing Laboratory/NRTL”) to demonstrate compliance to Section 6.3 (Production Tests & Inspections) of the latest ITE PTCSI Pedestrian specification, dated March 19, 2004. 1. All new LED modules tendered for sale shall undergo the following Production Test and Inspection prior to shipment. Failure of a module to meet requirements of these Production Test and Inspection shall be cause for rejection. Test results shall be maintained for a period of 5 years following the production of the last production unit. 2. All LED modules shall be tested for maintained minimum luminous intensity. A single point measurement with a correlation to the intensity requirements referred to in Section 3.0 may be used. The LED module shall be operated at nominal operating voltage and at an ambient temperature of 25°C (77°F). 3. All LED modules shall be tested for power factor per the requirements of Section 4.6.1. A commercially available power factor meter may be used to perform this measurement. 4. All LED modules shall be measured for current flow in Amperes. The measured current values shall be compared against those resulting from design qualification measurements in Section 5.4.6.1. Measured current values in excess of 120% of the design qualification current values shall be cause for rejection. 5. All LED modules shall be visually inspected for any exterior physical damage or assembly anomalies. Add the following section: 86-4.06E(4) Design Qualification Testing. 1. Design Qualification testing shall be performed on new module designs, and when a major design change has been implemented on an existing design. 2. High Temperature High Humidity (HTHH): 1000 hours at +60°C (+140°F), 90% Relative Humidity with cycling starting at 30 down to 0. This will ensure that each symbol is properly tested. 3. Unless otherwise specified, all of the tests shall be conducted on the same set of randomly selected modules, hereafter called the sample set, at an ambient temperature of 25°C and at the nominal operating voltage of 120 VAC RMS. 4. Testing shall be performed once every 5 years or when the module design or LED technology has been changed. The module manufacturer shall retain test data for a Revised 6/15/17 Contract No. 6062 Page 138 of 209 minimum period of 7 years and for a period of at least 5 years beyond the last date of manufacture of that model type. 5. Conditioning: The module shall be energized for a minimum of 24 hours in an ambient temperature of +60°C (+140°F), 0% Relative Humidity with cycling starting at 99 down to 0. This will ensure that each symbol is properly conditioned. 6. Mechanical Vibration: Mechanical vibration testing shall be performed per MIL-STD-883, Test Method 2007. 7. Temperature Cycling: Temperature cycling shall be performed per MIL-STD-883, Test method 1010. The temperature range shall include the full ambient operating temperature range specified in Section 2.3.2. 8. Moisture Resistance: Moisture resistance testing shall be performed per MIL-STD-810F, Test Method 506.4, Procedure I, Rain and Blowing Rain. The test shall be conducted on stand-alone modules, without a protective housing. The modules shall be vertically oriented, such that the lens is directed towards the wind source when at a zero rotation angle. The modules shall be energized throughout the test. The water shall be at 25° ± 5°C (77° ± 9°F). The wind velocity shall be 80 km/hr (50 mph). Add the following section: 86-4.06E(5) Warranty. Manufacturers will provide the following warranty provisions. Replacement or repair of an LED signal module that fails to function as intended due to workmanship or material defects within the first 5 years (60 months) from the date of delivery. Add the following: 86-4.09 Flashing Beacons. Reflective sheeting for W3-3 SIGNAL AHEAD signs, mounted on flashing beacons, shall be Type IX prismatic cube-corner reflective sheeting (Diamond Grade VIP or equal). 86-5 DETECTORS Replace Section 86-5.01A(5) with the following: 86-5.01A(5) Installation Details. Installation and tests shall conform to the details and notes shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of conductor as specified in Section 86-5.01A(4), “Construction Materials.” Slots cut in the pavement shall be washed clean, blown out and thoroughly dried before installing conductors. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in accordance with Section 7-8.1, “Cleanup and Dust Control.” After conductors are installed in the slots cut in the pavement, the slots shall be filled with sealant to within 1/8 inch of the pavement surface. The sealant shall be at least one inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. The sealant for filling slots shall conform to the following: Hot-Melt Rubberized Asphalt Sealant. 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 follows: Revised 6/15/17 Contract No. 6062 Page 139 of 209 Property ASTM Designation Requirement Cone Penetration, 25°C, 150 g, 5 s D 5329, Sec. 6 3.5 mm, max. Flow, 60°C D 5329, Sec. 8 5 mm, max. Resilience, 25°C D 5329, Sec. 12 25%, min. Softening Point D 36 82 °C, min. Ductility, 25°C, 50 mm/min D 113 300 mm, min. Flash Point, COC, °C D 92 288 °C, min. Viscosity, Brookfield Thermosel, No. 27 Spindle, 20 rpm, 190°C D 4402 2.5-3.5 Pa·s 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). Hot-melt sealant shall be packaged in containers clearly marked “Detector Loop Sealant” and specifying the batch and lot number of the manufacturer. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensi- tivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor station cabinet when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic moni- toring station cabinet. Bands shall conform to the provisions in Section 86-2.09, “Wiring.” If asphalt concrete surfacing is to be placed, the loop conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the sealant shall fill the slot flush to the surface. Add the following section: 86-5.01B Emergency Vehicle Pre-Emption Detector System. Each emergency vehicle pre-emption detector system shall conform to the details shown on the plans and these special provisions and shall consist of an optical emitter assembly or assemblies located on the appropriate vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal. Each system shall permit detection of Class II emergency vehicles. Class II emergency vehicles shall be capable of being detected at any range up to 2,500 feet from the optical detector. Add the following section: 86-5.01B(1) Optical Emitter Assembly. Each optical emitter assembly shall consist of an emitter unit, an emitter control unit and connecting cables and shall conform to the following: Each optical emitter assembly, including lamp, shall be designed to operate over an ambient temperature range of -34ºC to 74ºC at both modulation frequencies and to operate continuously Revised 6/15/17 Contract No. 6062 Page 140 of 209 at the higher frequency for a minimum of 3,000 hours at 25ºC ambient before failure of lamp or any other component. Each emitter unit shall be controlled by a single, maintained-contact switch on the respective emitter control unit. The switch shall be capable of being positioned in a readily accessible location to the vehicle driver. The control unit shall contain a pilot light to indicate that the emitter power circuit is energized and shall be capable of generating only Class II modulating code. Functional Requirements. Each emitter unit shall transmit optical energy in one direction only. The signal from each emitter unit shall be capable of being detected at a distance of 2,500 feet when used with a standard optical detection/discriminator assembly. The modulation frequency for Class II signal emitters shall be 14.035 Hz 0.003 Hz. The standard optical detection/discriminator assembly to be used in conducting the range tests shall be available from the manufacturer of the system. A certified performance report shall be furnished by the contractor with each assembly. The emitter unit shall be configured with a grating to provide precise directionality control. Electrical Requirements. Each optical emitter assembly shall be capable of providing full light output with input voltages between 10 and 16 volts DC. An optical emitter assembly shall not be damaged by input voltages up to 7.5 volts DC about the supply voltage. The optical emitter assembly shall not generate voltage transient, on the input supply, which exceeds the supply voltage by more than 4 volts. Each optical emitter assembly shall not consume more than 100 watts at 17.5 volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC. The design and circuitry of each emitter unit shall permit its use on vehicles with either negative or positive ground without disassembly or rewiring of the unit. Mechanical Requirements. Each emitter unit shall be housed in a weatherproof, corrosion- resistant housing. The housing shall be provided with facilities to permit mounting on various types of vehicles and shall have provision for proper alignment of the emitter unit and for locking of the emitter unit into proper alignment. Each emitter control unit shall be provided with appurtenant hardware to permit its mounting in or on an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles, the emitter control unit and all exposed controls shall be weatherproof. Each emitter shall include a multi-purpose port compliant with the SAE J1708 communication standard to enable unit configuration to be set into the emitter and read from the emitter. Add the following section: 86-5.01B(2) Optical Detection/Discriminator Assembly. Optical detection/discriminator assembly shall consist of one or more optical detectors, connecting cable and a discriminator module and conform to the following: Each such assembly, when used with standard emitters, shall have a range of up to 2,500 feet for Class II signals. Standard emitters for Class II signals shall be available from the manufacturer of the system. Range measurements shall be taken with all range adjustments on the discriminator module set to “maximum”. Revised 6/15/17 Contract No. 6062 Page 141 of 209 Add the following section: 86-5.01B(3) Optical Detector. Each optical detector shall be a waterproof unit capable of receiving optical energy from one or two separately aimable directions. The horizontal angle between the two directions shall be variable from 5 degrees to 180 degrees. The reception angle for each photocell assembly shall be a maximum of 8 degrees in all directions about the aiming axis of the assembly. Measurements of reception angle will be taken at a range of 2,500 feet for a Class II emitter. All internal circuitry shall be solid state and electrical power shall be provided by the associated discriminator module. Each optical detector shall be contained in a housing, which shall include one or two rotatable photocell assemblies, an electronic assembly and a base. The base shall have an opening to permit its mounting on a mast arm. Each optical detector shall weigh no more than 2.5 pounds and shall present a maximum wind load area of 36 square inches. The housing shall be provided with weep holes to permit drainage of condensed moisture. Each optical detector shall be installed, wired and aimed as specified by the manufacturer. Add the following section: 86-5.01B(4) Optical Detector Cable. Optical detector cable shall meet the requirements of IPCEA-S-61-402/NEMA WC 5, Section 7.4, 600 volt control cable, 75ºC, Type B and the following: The cable shall contain three conductors, each of which shall be AWG #20 (7x28) stranded, tinned copper with low-density polyethylene insulation. Minimum average insulation thickness shall be 25 mils. The insulation of individual conductors shall be color coded as follows: Yellow - Detector Signal #1 Blue - Detector Signal #2 Orange - Power (+) Bare (Drain) - Common or Ground The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20 percent overlap. Where the film is used, a AWG #20 (7x28) standard, tinned, bare drain wire shall be place between the insulated conductors and the shield and in contact with the conductive surface of the shield. The jacket shall be black polyvinyl chloride with a minimum rating of 600 volts and 80ºC and a minimum average thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA. The finished outside diameter of the cable shall not exceed 0.3 inches. The capacitance of the optical detector cable, as measured between any conductor and the other conductors and the shield, shall not exceed 14.3 microfarads per 1000 feet. The characteristic impedance of the optical detector cable shall be 0.6 ohms per 1000 feet. Add the following section: 86-5.01B(5) Discriminator Module. Each discriminator module shall be designed to be compatible and usable with Model 170 controller unit and to be mounted in the input file of a Model 332 controller cabinet, and shall conform to the requirements of Chapter 1 of the State of California, Department of Transportation, “Traffic Signal Control Equipment Specifications”, dated January 1989, and to all addenda thereto current at the time of project advertisement. Revised 6/15/17 Contract No. 6062 Page 142 of 209 Each discriminator module shall be capable of operating one or two channels and shall be capable of: 1. Receiving Class II signals at a range of up to 2,500 feet. 2. Decoding the signal on the basis of frequency at 14.035 Hz 0.003 Hz for Class II signals. 3. Establishing the validity of received signals on the basis of frequency and length of time received. A signal shall be considered valid only when received for more than 0.50 seconds. No combination of Class I signals shall be recognized as a Class II signal regardless of the number of signals being received, up to a maximum of ten signals. Once a valid signal has been recognized, its effect shall be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 0.5 seconds and 10 0.5 seconds. 4. Providing an output for each channel that will result in “low” or grounded condition of the appropriate input of a Model 170 controller unit. For Class II signals the output shall be steady. Each discriminator module shall be powered from 115 volt (95 volts AC to 135 volts AC), 60 Hz mains and will contain an internal, regulated power supply that supports up to twelve optical detectors. Electric power, one detector input for each channel and one output for each channel, shall terminate at the printed circuit board edge connector pins listed below. Board edge connector pin assignments shall be as follows: Pins Function Pins Function A Ground P Not used D Channel A primary detector input R Detector 24 VDC power output E Detector 24 VDC power output S Not used F Channel A output, collector (+) T Not used H Channel A output, emitter (-) U Not used J Channel B primary detector input V Detector ground K Detector ground W Channel B output collector (+) L Earth ground X Channel B output emitter (-) M AC - (in) Y Not used N AC + (in) Z Not used Two auxiliary inputs for each channel shall enter each module through the front panel connector. Pin assignment for the connector shall be as follows: Pins Function 13 Auxiliary detector 2 input, Channel A 14 Auxiliary detector 1 input, Channel B 15 Auxiliary detector 2 input, Channel B 28 Auxiliary detector 1 input, Channel A Each channel output shall be an optically isolated NPN open collector transistor capable of sinking 50 milliamperes at 30 volts and shall be compatible with Model 170 controller unit inputs. Each discriminator module shall be provided with means of preventing transients received by the detector from affecting the Model 170 controller assembly. Revised 6/15/17 Contract No. 6062 Page 143 of 209 Each discriminator module shall have a single connector board, shall be capable of being inserted into the input file of a Model 332 cabinet and shall occupy one slot width of the input file. The front panel of each module shall have a handle to facilitate withdrawal and the following controls and indicators for each channel: 1. A Command (High) and Advantage (Low) solid-state LED indicator for each channel to display active calls. 2. A test switch for each channel to test proper operation of Command or Advantage priority. 3. A single confirmation light control output for each channel. These outputs shall be user configurable through software for a variety of confirmation light sequences. The front panel shall be provided with a single circular, bayonet-captured, multi-pin connector for two auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a D-Shell 44-Pin front panel. Wiring for a Model 332 cabinet shall conform to the following: Slots 12 and 13 of the input file “J” shall be wired to accept a two-channel module. Field wiring for the primary detectors, except 24-volt DC power, shall terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file “J”, depending on cabinet configuration. Where TB-9 is used, position assignments shall be as follows: Position Assignment 4 Channel A detector input, 1st module (Slot J-12) 5 Channel B detector input, 1st module (Slot J-12) 7 Channel A detector input, 2nd module (Slot J-13) 8 Channel B detector input, 2nd module (Slot J-13) The 24 volt cabinet DC power shall be available at Position 1 of terminal board TB-1 in the controller cabinet. All field wiring for the auxiliary detectors shall terminate on terminal board TB-0 in the controller cabinet. Position assignments are as follows: Position Assignment 7 +24VDC from (J-13E) 8 Detector ground from (J-13K) 9 Channel A auxiliary detector input 1 10 Channel A auxiliary detector input 2 11 Channel B auxiliary detector input 1 12 Channel B auxiliary detector input 2 The contractor shall demonstrate that all of the components of the system will perform satisfactorily as a system. Satisfactory performance shall be determined using the following test procedure: 1. Each system to be used for testing shall consist of an optical emitter assembly, an optical detector, at least 200 feet of optical detector cable and a discriminator module. 2. The discriminator modules shall be installed in the proper input file slot of Model 332 controller cabinet. The controller cabinet, together with a Model 170 controller unit with the Revised 6/15/17 Contract No. 6062 Page 144 of 209 appropriate operating program, a Model 210 monitor unit and 120 volt AC power, will be available as shown on the plans and as indicated elsewhere in these special provisions. 3. One test shall be conducted using a Class II signal emitter and a distance of 2,500 feet between the emitter and the detector. All range adjustments on the module shall be set to “Maximum” for each test. 4. Each test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute “on” interval and a one minute “off” interval. During the total test period: (A) the emitter signal shall cause the proper response from the Model 170 controller unit during each “on” interval and (B) there shall be no improper operation of either the Model 170 controller unit or the monitor during each “off” interval. Add the following section: 86-5.01D Video Detection System. The video detection system shall consist of one (1) video camera and one (1) video detection processor (VDP) for each vehicle approach. A video monitor and a pointing device shall be housed in the controller cabinet. The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a pointing device to place zones on a video image. A minimum of 24 detection zones per camera shall be available. All video detection hardware furnished by the contractor shall be new and video detection software shall be latest available version. Add the following section: 86-5.01D(1) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RS170 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing device. The VDP shall detect vehicles in real time as they travel across each detection zone. The VDP shall have an RS-232 port for communications with an external computer. The VDP shall accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector patterns. The VDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A Windows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation, up to 300m (1000 ft). The VDP shall default to a safe condition, such as a constant call to each active detection channel, in the event of unacceptable interference in the video signal. Revised 6/15/17 Contract No. 6062 Page 145 of 209 The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists. Add the following section: 86-5.01D(2) Operational Requirements. A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND’ed or OR’ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detection zones shall be done by using a pointing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of the detection zone pattern for current use shall be done through a menu system. It shall be possible to activate a detection zone pattern for a camera from VDP memory and have the detection zone pattern displayed within one second of activation. When a vehicle is detected crossing a detection zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow or fog). Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera. The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified. Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number of vehicles detected. The count value shall be internally stored for later retrieval through the RS- 232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes. Add the following section: 86-5.01D(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7.1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of –34°C to +74°C (-29°F to +165°F) and a humidity range of 0%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin “D” subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RS170 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other devices. Revised 6/15/17 Contract No. 6062 Page 146 of 209 Add the following section: 86-5.01D(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of nighttime to daytime but not less than the range of 0.1 lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view shall be adjustable from 8.1° to 45.9°. A single camera configuration shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night. The camera shall be housed in a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera’s field of view. The camera enclosure with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure. When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of –34°C to +60°C (-29°F to +140°F) and a humidity range of 0% RH to 100% RH. The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions. Recommended camera placement height shall be 10m (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not to exceed 100m (350 ft) for reliable detection (height:distance ration of 10:100). Camera placement and field of view shall be unobstructed and as noted in the installation documentation provided by the supplier. The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same connector. The video signal output by the camera shall be black and white in RS170 or CCIR format. The video signal shall be fully isolated from the camera enclosure and power cabling. Revised 6/15/17 Contract No. 6062 Page 147 of 209 Add the following section: 86-5.01D(5) Installation Requirements. The coaxial cable to be used between the camera and the VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with 20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (100 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 in). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system, and the manufacturer’s instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary. The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installation materials provided by the supplier. Proof of factory certification shall be provided. Add the following section: 86-5.01D(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier’s standard warranty included in the Terms and Conditions of Sale documentation. During the warranty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge. Add the following section: 86-5.01D(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made available for delivery within 30 days of placement of an acceptable order at the supplier’s current pricing and terms of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of an acceptable order at the supplier’s current pricing and terms of sale for on-site technical support services. Installation or training support shall be provided by a factory authorized representative. All product documentation shall be written in the English language. The contractor shall ensure the presence of a factory authorized representative at the time of traffic signal turn-on. 86-6 LIGHTING Replace Section 86-6.01 with the following: 86-6.01 Luminaires for Street Lighting. Luminaires for street lighting shall be 5,500 pupil lumen (40 watt) or 13,700 pupil lumen (100 watt) high efficiency induction lamps. Street lighting lumi- naires shall be US Lighting Tech catalog number HA-120/277V-040W-5K-01 and HA-120/277V- 100W-5K-01 or approved equal. Replace Section 86-6.02 with the following: 86-6.02 Luminaires for Safety Lighting. Luminaires for safety lighting on traffic signal standards shall be 20,665 lumen (150 watt) or 27,540 lumen (250 watt) high efficiency induction lamps. Revised 6/15/17 Contract No. 6062 Page 148 of 209 Safety lighting luminaires shall be US Lighting Tech catalog number HA-120/277V-150W-5K-01 or HR-120/277V-200W-5K-01 or approved equal. Replace Section 86-6.03 with the following: 86-6.03 Mission Bell Luminaires. The contractor shall be responsible for furnishing and installing all components of the Mission Bell fixture and light standard in accordance to manufacturer's spec- ifications and these special provisions. The Contractor's responsibility shall include, but is not limited to, mounting adaptor to mast arm, mounting bracket for use with photoelectric control and suspen- sion method for conductors. Dissimilar metals shall not be used for mounting the Mission Bell to the fixture adapter (plumberizer). The 50 mm (2”) diameter close aluminum nipples used between the plumberizer and Mission Bell casting shall be fabricated from bar stock aluminum conforming to ASTM designation 6061-T6 or 6063-T1 and shall be bored through along their central axis with a 25 mm (1”) diameter hole to accommodate the lighting conductors. All aluminum incorporated in the fixture shall be clear anodized in accordance with Aluminum Association designation AA- M12C22A41. The minimum anodic coating thickness shall be not less than 0.03 mm (1.0 mil). Mis- sion Bell luminaires shall conform to the requirements of section 86-6.01 of these special provisions except as noted in this section (86-6.02). Mission bell luminaires shall use 100 watt high efficiency induction lamps featuring a color temperature of 5,000 Kelvin and shall be US Lighting Tech or approved equal. All Mission Bell luminaires from any source shall be modified as specified herein. The Contractor shall submit shop drawings for the mounting design for approval by the Engineer prior to fabrication in accordance with Section 2-5.3 Shop Drawings. Add the following: 86-6.07 Photoelectric Controls. Type IV photoelectric control shall be used unless otherwise shown on the plans or required by these special provisions and shall be installed in a receptacle integral with the luminaire. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-treatment / Surface Preparation Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a Roughened, Textured Appearance None Two coats white Acrylic Emulsion Paint (1) (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply in all respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using “universal” or “all purpose” concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, 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 Revised 6/15/17 Contract No. 6062 Page 149 of 209 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 Labora- tory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fab- rication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designa- tion: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Gal- vanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, mill- ing, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvaniz- ing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted as- semblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galva- nizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (or- ganic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. Revised 6/15/17 Contract No. 6062 Page 150 of 209 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. Add the following: Preplant fertilizer shall be granular commer- cial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(B): Table 212-1.2.4(B) SOIL AMENDMENT PROPERTIES Property Minimum Maximum Dry Weight Nitrogen (1) (1) Dry Weight Passing 25 mm (1”) Sieve 100% 100% Dry Weight Passing #4 Sieve 95% 100% Dry Weight Passing #16 Sieve 45% 65% Dry Weight Passing #30 Sieve 30% 40% Dry Weight Passing #50 Sieve 0% 10% Dry Weight Passing #100 Sieve 0% 2% Salinity (1) (1) Iron ( Dilute acid soluble on dry weight basis) 0.08% --- Ash (dry weight basis) 0% 6.0% pH 6.0 7.0 Wettability (1) (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural la- boratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent ver- sion of the “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural labor- atory does fulfill the requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hy- droseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas shall be mulched, fertilized and seeded using method B. Mulch shall be manu- factured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhib- itors. When mixed with water, the mulch shall remain in uniform suspension and when blended Revised 6/15/17 Contract No. 6062 Page 151 of 209 with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation proper- ties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:1 (horizon- tal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be “CPA 4000”, “AZTAC”, “Ecology Control”, “M-Binder”, or approved equal. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.1(A) Table 212-1.2.5.1(A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Applicati on Rate grams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (16-20-0) Ammonium Phos- phate Sulfate, Plus 15% Soil Sulfur 35 (300) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. Table 212-1.2.5.2(A) SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREA MULCH FERTILIZER AND ADDITIVES Component Applicati on Rate grams per sq. me- ter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super Phosphate, Plus 15% Soil Sulfur 30 (250) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation 212-1.2.5.3 Riparian Scrub and Upland Transition Zone Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Riparian Scrub and Upland Transition Zone Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.3(A). Revised 6/15/17 Contract No. 6062 Page 152 of 209 Table 212-1.2.5.3(A) RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREA MULCH FERTILIZER AND ADDITIVES Component Applicati on Rate grams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Stabilizing Emulsion (1) 7 (60) Fertilizer (38-0-0) Urea Formaldehyde 6 (50) Fertilizer (0-45-0) Triple Super Phos- phate, Plus 15% Soil Sulfur 11 (100) Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer’s specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and ground- cover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflam- mable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and li- censed by the California, Department of Food and Agriculture, as an “auxiliary soil chemical”. Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas shall consist of no less than the seed varieties shown in Table 212-1.3.1 (A). Revised 6/15/17 Contract No. 6062 Page 153 of 209 Table 212-1.3.1(A) SEED FOR DISTURBED AREAS Seed Variety Applicati on Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20 (1) Festuca Megalura, Zorro Fescue 2.5 20 Eschscholzia Californica 0.35 3 Achillea Millefolia 0.45 4 Alyssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. Add the following section: 212-1.3.2 Seed for Southern Willow Scrub and Riparian Scrub Areas. Hydroseeding mix for the Southern Willow Scrub and Riparian Scrub area shall consist of no less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.2(A) SEED FOR SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREAS Seed Variety Applicati on Rate grams per sq. meter (pounds per acre) Ambrosia Psilostachya 0.35 3 Artemesia Douglasiana 0.35 3 Artemesia Dracunculus 0.25 2 Atriplex Patula SSP, Hastata Halberd Leaf Salt-brush 0.25 2 Encelia Californica, California Sunflower 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 Isocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Oenothera Hookerii, Hooker’s Primrose 0.10 1 Add the following section: 212-1.3.3 Seed for Riparian Scrub and Upland Transition Zone Areas. Hydroseeding mix for the Riparian Scrub and Upland Transition Zone area shall consist of not less than the seed vari- eties shown in Table 212-1.3.2(A). Table 212-1.3.3(A) SEED FOR RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREAS Seed Variety Applicati on Rate grams per sq. meter (pounds per acre) Encelia Californica 0.45 4 Eschscholzia Californica, California Poppy 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 Isocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Lotus Scoparius, Deerweed 0.45 4 Lupinus Succulentus, Arroyo Lupine 0.35 3 Phacelia Tanacetifolia 0.25 2 Revised 6/15/17 Contract No. 6062 Page 154 of 209 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in “A Checklist of Woody Ornamental Plants in California, Oregon and Washington” published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Com- missioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant spe- cies or variety will be made by the Engineer and the Engineer’s decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-propor- tioned plants are the intent of this specification. Plants which are even moderately “overgrown”, or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor’s expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the pro- vision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor’s expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, Revised 6/15/17 Contract No. 6062 Page 155 of 209 the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency re- serves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (10”) or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6”) or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. 212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2”) diameter turned lodge- pole pine, pointed on their driven end. Add the following section: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent-biode- gradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 lb./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2“ x 2“) on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2”) apart. Erosion control matting shall be “North American Green, DS150”, “BonTerra S2”, or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1” x 6”), U-shaped 11-gauge mild steel staples. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1m (39“) in width. Root barriers shall be “Biobarrier”, as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, Add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All Revised 6/15/17 Contract No. 6062 Page 156 of 209 PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2”) and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking “Reclaimed Water” in 16 mm (5/8”) high letters repeated every 300 mm (12“). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the require- ments of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked “RCV”, “BV” or “QC”, “PB” respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass-re- inforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (½“) to 50 mm (2“) shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufac- turer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a remova- ble stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-µm mesh or perforated sheet with 1.14 mm (0.045”) diameter holes. All other wye strainers shall be equipped with 425-µm strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following require- ments: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-160V), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The Revised 6/15/17 Contract No. 6062 Page 157 of 209 drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neo- prene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5’ to 40’) of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mail- ing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated but- terfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Add the following section: 212-2.5 Flexible Hose. Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 2122. TABLE 212-2.5(A) FLEXIBLE HOSE Hose Size-Nominal Minimum Wall Thickness* Range (Millimeters) (Inches) (Millimeters) (Inches) (Percent) 15 5/8 3.73 0.147 12 20 3/4 3.91 0.154 12 25 1 4.55 0.179 12 *as measured at any point on the cross section. The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded Revised 6/15/17 Contract No. 6062 Page 158 of 209 PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm (5/8”) diameter by 3 m (10’) long stainless steel grounding rod and a 50-ohm resistance lightning arres- tor. Add the following section. 212-3.4 Irrigation Electrical Service Equipment and Enclosures. Electrical service equipment shall incorporate the following elements: 1. One 100-amp, 120/240-volt, single-phase load center, as approved by the Engineer; 2. One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; 3. One 15-amp circuit breaker for each irrigation controller energized by the service; 4. One 20-amp circuit breaker for the duplex receptacle. 5. The design, assembly, grounding, wiring, and components of the irrigation electrical ser- vice equipment and enclosure shall meet the requirements of the 1996 edition of the Na- tional Electrical Code. 6. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal. 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 120/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 10. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 11. The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting control schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. Revised 6/15/17 Contract No. 6062 Page 159 of 209 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C- 3250 and shall be no less than 150 mm (6“) thick. 15. Anchor bolts to secure the service equipment to the concrete pad shall be 10 mm (38“) diameter by 150 mm (6“) long hot dip galvanized or stainless steel headed bolts with washers, without sleeves, conforming to section 304-1.7. Anchor bolts to secure the ser- vice equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (2½” and 4“). 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. 6062 Page 160 of 209 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: 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under 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. SECTION 215 - FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4’-3” high, orange colored plastic con- struction fencing installed prior to performing any work. Environmental fence shall be constructed Revised 6/15/17 Contract No. 6062 Page 161 of 209 of non-toxic, non-conductive polyethylene capable of withstanding temperatures from –58F de- grees to 194F degrees. Color shall be non-fading. Posts shall be 6’-6” long, shall be spaced no more than 10’-0” apart and buried portion shall be no less than 2’-6” deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose in- tended, as determined by the Engineer. Materials may be commercial quality providing the di- mensions and sizes of the materials are equal to, or greater than, the dimensions and sizes spec- ified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and paint- ing of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. Revised 6/15/17 Contract No. 6062 Page 162 of 209 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. 300-1.3 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 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 andfilling 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. Revised 6/15/17 Contract No. 6062 Page 163 of 209 300-2.2.1 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. 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. No allowance for shrinkage or swell will be Revised 6/15/17 Contract No. 6062 Page 164 of 209 considered. 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. Add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for 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 Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calcu- lations shall be considered the definitive determinant for quantities for final payment. All topo- graphic surveying and calculations necessary to quantify payment quantities for Unclassified Ex- cavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. 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 therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefor. Revised 6/15/17 Contract No. 6062 Page 165 of 209 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 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 300-4 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. 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. 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. Revised 6/15/17 Contract No. 6062 Page 166 of 209 300-4.7 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 borrow 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. 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 Revised 6/15/17 Contract No. 6062 Page 167 of 209 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 as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: 1. 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. 2. The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embank- ment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. 3. Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the require- ments of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. Add the following section: 300-9.3 Temporary Marsh Protection. The Contractor shall protect all marshlands where shown on the plans, within the limits of work and/or in all construction easements by laying geotextile and adding a layer of soil over the cloth. The soil shall come from the adjacent areas to be dis- turbed. The willow scrub in the construction easement shall be cut down to just above soil height. The cut materials shall be mulched placed according to the revegetation plan. Geotextile shall then be placed over the wetland. The Contractor shall flag, prior to construction and placement of geotextile, the outer limits of the construction easement with fluorescent tape to avoid additional wetland impacts. The Contractor shall take care to keep the soil within the construction easement and shall remediate all damages caused by soil that is deposited outside said limits or easement, remove all soil so deposited and clean all facilities or vegetation that has such soil deposited on or in them. Add the following section: 300-9.3.1 Payment. Temporary marsh protection will be paid for at the contract price bid per lump Revised 6/15/17 Contract No. 6062 Page 168 of 209 sum and shall include full compensation for furnishing and installing planting, irrigation, and ero- sion control measures. 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment. Delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equip- ment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Add the following section: 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2, “Geotextiles”, and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope pro- tection fabric with care that it is not torn or stretched and place it in accordance with the manufac- turer’s recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with over- lapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24”). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover ma- terial is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1”) of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3’) for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefor. Add the following section 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefor, measurement and payment for rock slope protection fabric shall conform to the requirements of section 300-8.1.2. Revised 6/15/17 Contract No. 6062 Page 169 of 209 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution 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 “Green- book” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construc- tion (“Handbook”), the requirements of the Permit, the requirements in the plans and these sup- plemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revi- sions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the 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; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are 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; Revised 6/15/17 Contract No. 6062 Page 170 of 209 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 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. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor’s opera- tions. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be consid- ered incidental to the items of work and no additional payment will be made therefor. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and 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, Revised 6/15/17 Contract No. 6062 Page 171 of 209 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. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontin- ued. 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. 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. Revised 6/15/17 Contract No. 6062 Page 172 of 209 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Con- tractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or re- compact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 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 therefore. 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. Revised 6/15/17 Contract No. 6062 Page 173 of 209 (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 diffi- cult 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.” Revised 6/15/17 Contract No. 6062 Page 174 of 209 During operations, the Contractor’s schedule for resurfacing shall be designed to provide resi- dents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Con- tractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the con- tents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix “A”, with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT 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. The Contractor shall provide an on-site backup paving during all paving operations. Revised 6/15/17 Contract No. 6062 Page 175 of 209 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 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 Revised 6/15/17 Contract No. 6062 Page 176 of 209 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 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 Revised 6/15/17 Contract No. 6062 Page 177 of 209 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. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-2 AIR-PLACED CONCRETE 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6” x 6”) by No. 10 by No. 10 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A). TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Service Lateral 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. 303-6 STAMPED CONCRETE 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6”x6” – 10 guage wire mesh throughout. Revised 6/15/17 Contract No. 6062 Page 178 of 209 Add the following: 303-6.5 XXXX Medians- Use color application method “B” (integral color). Color shall be per Section 201-1.2.4(a). The pattern shall be xxx pattern or approved equal. The pattern shall match the existing median condition adjacent to the prposed construction along xxxx Street. Add the following: 303-6.6 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid under the contract unit price bid per square foot for median concrete paving. Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct the specific paving. SECTION 304 - METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE 304-3.2 Fence Construction. 304-3.3 Installation of Gates. 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 Revised 6/15/17 Contract No. 6062 Page 179 of 209 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50’) up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to 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: Revised 6/15/17 Contract No. 6062 Page 180 of 209 1. 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. 2. Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of the trench. 3. 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). 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 submit- ted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid sur- face on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Revised 6/15/17 Contract No. 6062 Page 181 of 209 Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. add the following: The Contractor shall place electrical conduit per SDG&E plans, Construction Order No. xxx, Project No. xxx. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9” x 3”) above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 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. Revised 6/15/17 Contract No. 6062 Page 182 of 209 306-1.6 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. SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307 STREET LIGHTING AND TRAFFIC SIGNALS. Modify as follows: Section 86, “Signals, Lighting and Electrical Systems”, of the Caltrans Standard Specifications replaces Section 209, “Electrical Components”, and Section 307, “Street Lighting and Traffic Signals”, of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures. Add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to ver- tical), to a depth of 300 mm (12”). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6”). After cultivation, the soil amendments shown in table 308-2.3.2(A) shall be thoroughly blended 150 mm (6”) deep in all planting areas. Except for plant- ing pits the cultivation depths are designated as the root area. Backfill for planting pits shall con- form to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(B) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500’) from each parkway and for each hectare (2.5 acres) of hy- droseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308- 2.3.2(B) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308- 2.3.2(B) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties Revised 6/15/17 Contract No. 6062 Page 183 of 209 and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer’s approval before any planting or hydroseeding. TABLE 308-2.3.2(A) SOIL AMENDMENTS Soil Amendment Metric Application Rate Approx. U.S. Application Rate Agricultural Gypsum 500 g per square meter 100 lbs. per 1,000 square feet Iron Sulfate 50 g per square meter 10 lbs. per 1,000 square feet Calcium Carbonate Lime 500 g per square meter 100 lbs. per 1,000 square feet Organic Soil Amend-ment 0.04115 cubic meters per square meter (average depth 41 mm) 5 cubic yards per 1,000 square feet (average depth 1 5/8”) TABLE 308-2.3.2(B) SOIL PROPERTIES Soil Property Acceptable Range Test Method Repeatability Range of Test pH 6.5 to 7.3 Saturation Paste pH 0.1 pH Dissolved Salts (Ece) 4.0 dS m-1 Saturation Paste Sol-uble Salts 7% Liquid Limit N/A to 30 ASTM D 423 2 Plasticity Index NP to 10 ASTM D 424 2 TABLE 308-2.3.2(C) SOIL PARTICLE GRADATION Sieve Size Percent Passing 19 mm (3/4”) 100 9.5 mm (3/8”) 95 - 100 4.75 mm (No. 4) 60 - 85 1.89 mm (No. 10) 40 - 75 475 m (No. 40) 35 - 70 75 m (No. 200) 30 - 70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 lbs. per 1,000 square feet) into the top 150 mm (6”) of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading. Add following: The Contractor shall prepare the finish grade in hy- droseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. Revised 6/15/17 Contract No. 6062 Page 184 of 209 308-4 PLANTING 308-4.1 General. Add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer’s approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hy- droseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage. Add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer’s approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location. Modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer’s approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting. Add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(B) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING Soil Amendment Metric Application Rate Approx. U.S. Application Rate Agricultural Gypsum 18 kg per cubic meter 30 lbs. per cubic yard Iron Sulfate 600 g per cubic meter 1 lb. per cubic yard Calcium Carbonate Lime 6 kg per cubic meter 10 lbs. per cubic yard Organic Soil Amendment 0.67 cubic meters per cubic meter 2/3 cubic yards per cubic yard Planting Tablets 1 1 per 100 mm dia. pot container 1 per 4” dia. pot container Planting Tablets 1 2 per 19 liter container 2 per 5 gal. container Planting Tablets 1 1 per each 50 mm width of each box-size container 1 per each 2” width of each box-size container 1. Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching Revised 6/15/17 Contract No. 6062 Page 185 of 209 structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Cuts over 19 mm (¾“) shall be painted with an approved tree wound paint. Add the following section: 308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. The Con- tractor shall install root barriers continuously at the edges of all median planter areas. The top of the root barrier shall be 25 mm (1”) below the finish grade of the planted area. The bottom of the root barrier shall be installed 520 mm (201/2“) below the finish grade of the planted area. Install as indicated on the plans, eliminating any breaks in the barrier by providing at least 150 mm (6”) of overlap at splices or damaged areas. Splices and repair patches shall be stitched to the root barrier material by a running stitch of no less than 6 1 stitches per 25 mm (1”). 308-4.6 Plant Staking and Guying. Add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom. 308-4.8.2(b) Method B. Add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Con- tractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section: 308-4.10 Erosion Control Matting Installation Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Revised 6/15/17 Contract No. 6062 Page 186 of 209 Add the following section: 308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contrac- tor shall place the erosion control matting within three days after the first hydroseed material ap- plication. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 100m (4”) of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. Add the following section: 308-4.10.3 Installation. The Contractor shall install erosion control matting using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6“) wide by 150 mm (6“) deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12”) on centers placed at the intersection of the bottom and the down- hill vertical face of the trench. 3. Roll the erosion control matting down the slope. 4. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (3’) on centers. 5. Erosion control mat so stapled shall be spaced such that no less than 1 ¾ staples per square meter (1½ staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previ- ously placed mat by no less than 50 mm (2”). 7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. Add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other under- ground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approx- imately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation. Add the following: The Contractor shall install all pres- sure main line piping from the irrigation system so as to maintain 3.1 m (10’) minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SDR 21 “Alertline” PVC sleeve which extends a minimum of 3.1 m (10’) on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12”) between the reclaimed and potable water lines. Conventional (white) Revised 6/15/17 Contract No. 6062 Page 187 of 209 PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3“) wide purple warning tape which reads “Caution Reclaimed Water”. For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (½“) in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tight- ness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and observations are performed. Observations include sprinkler heads, all fittings, lateral and mainline pipe, valves, and direct burial wire. 308-5.2.3 Plastic Pipeline. Add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. Add the following section: 308-5.3.1 Valves. Add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12”) separation between valves and 150 mm (6”) from any fixed object or structure. Add the following section 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. Add the following section: 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in ac- cordance with manufacturer's specifications and as directed on drawings. Exact location and po- sitioning shall be verified on the site by the Engineer. 308-5.4.4 Sprinkler Head Adjustment. Add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Revised 6/15/17 Contract No. 6062 Page 188 of 209 Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation. Add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to service each valve in system. 308-5.6.3 Sprinkler Coverage Test. Add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of dis- eases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establish- ment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contrac- tor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated condi- tions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide mainte- nance for such time necessary to obtain conformance to the specifications. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24”) box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance Revised 6/15/17 Contract No. 6062 Page 189 of 209 of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guar- antee form shall be retyped on the Contractor's letterhead and contain the following verbiage: “Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replace- ments within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (of Contractor) Telephone: (of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Con- tractor in legal matters) Title: (of said officer(s)) Signature(s) Date of Execution:” Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer Revised 6/15/17 Contract No. 6062 Page 190 of 209 all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6”) in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (1/8”) in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: 1. Point(s) of connection, for water and electrical services 2. Routing of irrigation pressure mainlines 3. Backflow preventors 4. Ball, gate and check valves 5. Irrigation control valves. 6. Quick coupler valves 7. Routing of service wires 8. Routing of control wires 9. Electrical service equipment 10. Electrical junction boxes 11. Irrigation controllers 12. Sleeves for future connections 13. Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer’s inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller doorwill allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: 1. Index sheet stating Contractor's address and telephone number. Revised 6/15/17 Contract No. 6062 Page 191 of 209 2. Duration of Guarantee period. 3. List of equipment, with names and addresses of manufacturer's local representative. 4. Complete operating and maintenance instructions on all major equipment. 5. In addition to the maintenance manuals, the Contractor shall provide the agency mainte- nance personnel with instructions for major equipment and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project, using the format shown: 1. Plumbing permits (if none required, so note) 2. Materials approval 3. Pressure mainline test (by whom, and date) 4. Record drawings completed (received by, and date) 5. Controller chart completed (received by, and date) 6. Materials furnished (received by, and date) 7. Operation and maintenance manuals furnished (received by, and date) 8. System and equipment operation instructions (received by, and date) 9. Manufacturer warranties (received by, and date) 10. Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT. Add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, main- tain, and guarantee the planting and irrigation work described or specified in the contract docu- ments, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and perma- nent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduc- tion and lamination of “as-built” drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $12,000 of the total contract amount and will subsequently disburse the $12,000 to the Contractor on a monthly basis of $3,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. The wetland mitigation site revegetation work shown on Drawing 336-5, Sheets L-1 through L-4 is included as landscape and irrigation installation and all labor and materials to install, maintain and guarantee pertain to it. Add the following section: 308-9 WETLAND MITIGATION. Add the following section: 308-9.1 General. All work shown on Sheets L-1 through L-4 of Drawing Number 336-5 including: Revised 6/15/17 Contract No. 6062 Page 192 of 209 1. The marshes within the limits of work shall be protected by laying geotextile and adding a 300 mm (12”) layer of soil over the cloth. The limits of work are shown on Sheet 37 of Drawing 336-5 and consist of the limits of work on the west, north and east and the limits of grading on the southerly boundary. 2. The willow scrub within the limits of work shall be cut down to just above soil height. 3. The cut materials shall be mulched back onto the site and Geotextile shall then be placed over the wetland. 4. Prior to construction and placement of geotextile, the outer boundary of limits of work shall be staked and flagged with fluorescent tape at 7.6 m (25’) on center to avoid additional wetland impacts. 5. The Contractor shall take care that the soil remains within the limits of work to avoid sed- imentation of downstream areas. Should such sedimentation occur the Contractor shall remove all sediments so deposited and shall take all measures to restore the streambed to its preconstruction condition at the Contractor’s expense. 6. Immediately subsequent to the completion of construction activities in the vicinity of the wetlands the Contractor shall remove the soil and geotextile covers. Add the following section: 308-9.2 Payment. Temporary marsh protection shown on Sheets L-1 through L-4 will be paid for at the contract lump sum price for temporary marsh protection and shall include full compensation for protection, furnishing, marking, installing and removing of geotextile and soil cover, planting, irrigation, and erosion control measures. No additional payment shall be made for sediment re- moval and/or streambed rehabilitation due to sedimentation caused by the Contractor’s failure to contain the soil cover. 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. Revised 6/15/17 Contract No. 6062 Page 193 of 209 310-5.6.6 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. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and 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 therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compen- sation will be allowed therefore. 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. Revised 6/15/17 Contract No. 6062 Page 194 of 209 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. 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 Revised 6/15/17 Contract No. 6062 Page 195 of 209 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 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. Revised 6/15/17 Contract No. 6062 Page 196 of 209 313-3.1.1 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. 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 Contrac- tor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adja- cent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of sec- tion 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition or constructed to its planned condition. 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 Revised 6/15/17 Contract No. 6062 Page 197 of 209 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) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary chan- nelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump- sum item for traffic 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 apply- ing, installing, maintaining, and removing temporary traffic pavement markers, channelizers, sign- ing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. Revised 6/15/17 Contract No. 6062 Page 198 of 209 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 RUBBERIZED EMULSION - AGGREGATE SLURRY 600-3.2 Materials. Add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS. Add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing markings, legends and striping, either permanent or tem- porary in those areas to be slurried. Removal of striping by high velocity water jet may be permit- ted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for removal of striping and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control. Modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of mate- rial allowed on City right-of-way. Revised 6/15/17 Contract No. 6062 Page 199 of 209 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 - Materials 700-4 STREET LIGHTING SYSTEM MATERIALS 700-4.7 Photoelectric Controls 700-4.7.2 Photoelectric Control Units Replace the subsection with the following: The photoelectric unit shall consist of a photoelectric cell in a weatherproof housing which plugs into an EEI-NEMA twist-lock receptacle integral with the luminaire and shall be installed with the clear UV-stabilized photocell window facing north. The control unit shall contain a uniformly coated cadmium-sulfide photoelectric cell suitable for operation with 120- or 240-volt line supply with surge protection to prevent damage and made to fail in the “ON” position. The unit shall have a HID load rating of 1,800 VA with a Tungsten load rating of 1,000 watts. The unit shall have time- delay capabilities. Photocell unit shall be hermetically sealed. The response level of the unit to changing light levels shall remain stable throughout the life of the unit (5,000 operations). The “turn-on” level shall be nominal 1 foot-candle and the “turn-on: turn-off” ratio shall be 1.5. A Fisher-Pierce # TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. The photo control unit shall meet the following minimum electrical and mechanical criteria: • Operating Voltage Range: 105-305 VAC, 50/60 Hz- Nominal Voltage 120/208/240/277 V • Load Rating: 1,000 W / 1,800 VA • Operating Temperature: -40°F to 150°F • Surge Protection: 40,000 Amps • Power Consumption: <0.5 Watts @120 V • Dielectric Strength: 5,000 V between current carrying parts • Circuit Board: Glass epoxy, ionic cleaning and decontamination, and conformal coated • Operating Light Levels: Turn-on 1.5FC, 1.5:1 Off/On Ratio Add new subsections: 700-4.9 LED Streetlight Luminaires 700-4.9.1 General Revised 6/15/17 Contract No. 6062 Page 200 of 209 Street lighting fixtures shall be GE Evolve LED Roadway Lighting ERLH-0-11-C3-30-D-GRAY-LY or approved equal. The Manufacturer shall have a minimum of a 15-year history of designing and manufacturing outdoor luminaires and at least 10 years of LED design history in outdoor application which can include signage, traffic signals or roadway/parking fixtures. LED streetlight luminaires shall meet the applicable requirements of the following industry stand- ards: • ANSI/NEMA/ANSLG C78.377-2011-Specifcations for the Chromaticity of Solid-State Lighting (SSL) Products • IES LM-79-08 – Approved Method: Electrical and Photometric Measurements of Solid- State Lighting Products • IESNA LM-80-08 – Approved Method measuring Lumen Maintenance of LED chips / Fix- ture Manufacturer must provide extrapolation explanation for Lumen Maintenance derived from In-Situ testing upon request • IEEE C62.41.2-2002-IEEE Recommended Practice on Characterization of Surges in Low- Voltage (1000 V and less) AC Power Circuits • IESNA TM-15-11 & Addendum A (replaces TM-15-07 and TM-15-07 Addendum A) – Lu- minaire Classification System for Outdoor Luminaires; Backlight, Uplight, and Glare (BUG) Ratings • ANSI/UL 8750: Additional requirements for LED luminaires as well as drivers and LED arrays • LM-79-08 Approved Method: Electrical and Photometric Measurements of Solid-State Lighting Products • LM-80-08 Approved Method: Measuring Lumen Maintenance of LED Light Sources • TM21 tests and reports shall be available and performed in accordance with IESNA Stand- ards • LM-79 tests and reports shall be available and performed in accordance with IESNA standards • Shall be IP 65 rated optical enclosure per ANSI C136.25-2009 • Shall be RoHS compliant Test data that establishes compliance with the requirements of ANSI/UL 1598 and the other in- dustry standards listed above shall be provided upon request. 700-4.9.2 Optical System Requirements Optical configurations shall meet the following criteria: • An embedded reflector system that is metallic coated with a high-quality reflectance finish material containing a long-life finish designed to last the life of the fixture without corroding, peeling or fading under normal operating conditions. • A 16-gauge aluminum metal core printed circuit board assembly designed to operate as a class I circuit. • LED’s shall be recessed into the reflective optical system and surface mounted to the aluminum core board using advanced SMT manufacturing processes. • The circuit board shall be attached to a machined surface on the casting using tri-lobular thread forming screws so as to maximize heat transfer over the life of the fixture. Revised 6/15/17 Contract No. 6062 Page 201 of 209 • Lumen maintenance at 50,000 hours of life to be no less than 88% of initial lumen output. • Shall have 95% survival rate at 50,000 hours. • Integral 10K surge suppressor for diode and entire system protection. • Street lighting fixture shall provide a minimum 11,000 Lumens and shall be IESNA Type III distribution. • The LED pad temperature shall not exceed 75°C at 25°C ambient. • On units that contain more than one optical assembly, there shall be a provision to specify that at least one of the optical assemblies can offer photometry in the house side direction. • The optical assembly shall be from the same manufacturer as the luminaire housing. • Each fixture shall contain a single transparent flat tempered glass optical cover and optical cavity must be vented. 700-4.9.3 Photometric Requirements Luminaires shall meet the following criteria: • High efficacy LED’s rated at a minimum of 120 Lumens per Watt (LPW) • A typical Color Rendering Index (CRI) ≥ 70. • An IESNA TM-15 UL/UH rating of 0. • All fixtures shall have a field adjustable driver factory installed with present dimming marks for ease of adjustment. 700-4.9.4 Electrical System Requirements The luminaires fixture assembly shall meet the following criteria: • Off-state power draw of 0 watts (excluding PE or remote control devices). • 7-prong locking ANSI C136.41 photocell receptacle with tool-less orientation and the op- tion to have two additional wires for 0-10V. • A minimum system power factor of .9 tested and specified at 120v input at full power. • Maximum THD < 20% tested and specified at 120v input at full power. • Operating temperature range of UL1598 Tested -40º C to 50º C. • UL Class 1 power supply units (i.e. drivers) operating in DC constant current mode. • EMI compliance with FCC 47 CFR Part 15 Class A. • Electrical components have a Class A sound rating. • The luminaire shall contain the factory-installed driver supplied with the optic assembly. • The optic assembly and housing shall be from the same manufacturer. • The drivers shall reliably start and operate the optic assembly at ambient temperatures from -40°C to 50°C. • The drivers and fixture shall be from the same manufacturer. • Drive current is not field switchable. • Complete assembly weight shall not exceed 25 lbs. • Fixture, including the LEDs, drivers and electrical components, shall carry a limited ten- year warranty and housing paint and finish shall carry a ten-year warranty. • Color temperature and CRI: o 3000K color temperature for Street Lighting, minimum 70 CRI. Fixture surge protection shall meet the following criteria: Revised 6/15/17 Contract No. 6062 Page 202 of 209 • Per ANSI C136.2-2015. 6KV / 3KA For the 120-277 VAC single phase luminaire, the standard protection for the electrical system shall survive 120 repetitive surge events • Per ANSI C136.2-2015 Enhanced High Capacity 10KV/5KA Surge Protection for 120-277 VAC single phase luminaire The standard protection for the electrical system shall survive 40 repetitive surge events Electrical Wiring and Connections shall meet the following criteria: • The electrical cavity shall use only copper wire within the fixture but be able to accommo- date aluminum field wiring into the terminal board. • Main voltage harness and wiring insulation shall be AWM rated for 125°C and 600 Volt. • Terminal block shall be oriented to be “lineman friendly” within the electrical cavity to al- low for easy wire connections. • The terminal block shall accommodate AWG 8-16 gauge CU wire and up to AWG 6 gauge AL wire. • UL Listed to UL1598 for Wet Locations. LED drivers shall be component-type consisting of precision wound coils and welded magnetic steel laminations assembled together and impregnated with baked-on, insulating, weatherproof varnish; and metal-cased, hermetically-sealed capacitor, suitable for use on multiple distribution circuits with 60Hz, 120- or 240-Volt rating. The operating sound pressure noise level shall not exceed the ambient noise level by more than five (5) decibels at 30-feet when measured by a sound level meter conforming to the American Standards for Sound Level Meters. Where the ambient noise level is less, a minimum of 40 decibels shall be assumed. The driver shall be the same manufacturer as the fixture. Power supply / driver shall be field replaceable by means quick-disconnect connectors and easy access mounting hardware. Power supply / driver shall be wet-listed in the US and Canada, UL, ROHS compliant, meet Caltrans 611 vibration testing and GR-63-CORE section 4.4.1/5.4.2 earth- quake zone 4. LED driver shall meet the following criteria: • Electronic: o voltage range = universal 120 – 277 v +/- 10%; o frequency = 50/60 Hz; o power factor > 90% @ full load; o THD < 20% @ full load; o output ripple < 10%; o output shall be isolated; o case temperature rated for -40°C to 60°C; o fully encased and potted; o overheat protection, self-limited short circuit protection, and overload protected – minimum integral 10k surge protection tested in accordance with IEEE C62.41 and ANSI standard 62.41.2; o Driver Life Rating not less than 100,000 hours. Revised 6/15/17 Contract No. 6062 Page 203 of 209 700-4.9.5 Luminaire Housing and Mechanical Construction Luminaire housing shall be furnished with an optical assembly, be powder-coated silver, include a level bubble to facilitate installation, allow for tool-less entry, and shall include an integral twist- lock type receptacle for photoelectric cell control in accordance with the latest EEI-NEMA stand- ards which is adjustable with respect to north and prewired to the terminal board. Photocell control shall be for a 7-pin receptacle per ANSI C136.41. The housing construction will incorporate heat sink fins that are integrally cast with the housing and door to maximize heat transfer and minimize thermal impacts of environmental conditions such as debris-clogged fins. Housings shall meet 3G vibration per ANSI C136.31-2010 and all mounting hardware/parts are corrosion resistant. Finish shall be corrosion resistant Polyester powder paint capable of surviving the ASTM B117 salt fog environment for a minimum of 500 hours without blistering or peeling. The coating must demonstrate the gloss retention of great than or equal to 90% for 500 hours QUV test per ASTM G154 UVB-313, 4 hour UV-B 60 degrees Celsius, 4 hour condensation 50 degrees (spec is not complete nor does it state evaluation criteria standard). Dry film thickness of the powder paint shall be a minimum of 2.0 mils thickness. Slipfitter in the housing shall contain two-bolt single piece clamp fastening for the ERL fixtures which do not pass through the housing and tighten from the arm directly to mount on 1.66” to 2.375” O.D. horizontal tenons and provide +/- 5 degrees of tilt adjustment. Slip fitter assembly includes wildlife intrusion protection guard. Luminaire external housing shall have a minimum rating of IP66 as specified in IEC 60529, with the ability to shed water from inside the housing (i.e. weep holes). Luminaire circuitry shall include quick connect / disconnects to allow easy separation and removal of driver and power door. Grounding requirements: ANSI/UL Standards and NFPA 70. The luminaire power unit assembly shall consist of an integral driver, capacitor, 10K surge sup- pressor, and heavy-duty terminal block. The power unit assembly shall be mounted on a separate component of the luminaire to facilitate replacement. The luminaire optical chamber shall have a minimum rating of IP66 as specified in IEC 60529. The luminaire housing cooling system shall consist of a passive heat sink with no fans, pumps, or liquids and shall be designed and constructed to accept a standard plug type, locking, three- pole, three-wire, streetlight photocontrol. The fixture and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117. An easily-viewable nameplate shall be permanently affixed to the inside of each luminaire hous- ing. The nameplate shall contain the following information: manufacturer’s name, manufacturer’s catalog number, date of manufacture (month and year), plant location, input power consumption, driver output current, IEC IP Rating, correlated color temperature (CCT), IES light distribution type, IESNA TM-15 BUG ratings, and serial number. Utility approved luminescent name plate with Revised 6/15/17 Contract No. 6062 Page 204 of 209 light source and wattage shall be permanently affixed on the exterior of the Luminaire to be visible from the ground. The driver assembly shall be enclosed in a separate compartment from the optical assembly. The entire fixture shall be “wet listed” with the optical assembly compartment being rated at IP66. The LED Luminaire shall be constructed to provide the required light distribution with the lower edge of the Luminaire housing below the entire light source close contact refractors. The Luminaire must be Dark Sky Compliant with U0 bug rating. The light distribution pattern shall be per optical system requirements section above. Luminaire head shall be equipped with a photoelectric control unit. 700-4.9.6 Performance Claims Fixtures shall meet or exceed the following performance claims: • LED performance claims shall be independently verified from the LED manufacturer. Ver- ification shall include lumen output, life and color properties and be measured in accord- ance with LM-80. • CCT and CRI and shall be tested and measured in accordance with LM-79. • Lumen depreciation data shall be measured in accordance with LM-80 and TM-21. • TM21 performance data to be a minimum of L91 @50,0000 hours @25c. • Lumen Maintenance projections shall not exceed 6 times (6x) the available system-level lumen depreciation test data at an ambient temperature of 25º C or as specified by the end user. • A normal UL1598 operation temperature from -40º C to 50º C. SECTION 701 - CONSTRUCTION 701-16 STREETLIGHT CONSTRUCTION 701-16.1 General Add the following: For streetlights with existing lighting shields, picture documentation shall be performed and re- ported back to City with associated Asset ID number. Existing shields shall be removed and rein- stalled with the replacement of the lighting fixture. Contractor shall attach shield with stainless steel screws and install in such a way to not affect the new lighting fixture. Contractor shall cap and test all new fixtures to ensure operability. For inoperable fixtures, con- tractor shall troubleshoot by checking line side of the fuse in pole. Contractor shall replace fuse and test operability of light fixture. If replacing of the fuse does not correct the street light opera- bility issues, contractor shall document issue and report back to the City with associated street light Asset ID number. Add new subsections: 701-16.8 LED Wireless Lighting Controls and Asset Management Not Applicable for Phase II. Revised 6/15/17 Contract No. 6062 Page 205 of 209 701-20 SALVAGE Existing LED fixtures shall be left in place by the Contractor. Contractor to notify the City that an LED fixture was left in place by indicating location and Facility ID number. Alternative location(s) for new LED fixtures may be recommended by the Contractor and must be approved by the Con- tract Administrator. If no alternative location is determined by the Contract Administrator, the existing LED will be salvaged and returned to Carlsbad Public Works building located at 405 Oak Ave, Carlsbad CA, 92008 by the Contractor. Existing induction fixtures shall be removed and recycled appropriately per State recycling guide- lines by the Contractor. Revised 6/15/17 Contract No. 6062 Page 206 of 209 SPECIAL PROVISIONS Per Section 6-7.1, the contractor shall complete all contract work within 90 working days from the time the material is first received (unless otherwise approved by the Agency). 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 (90 days from Notice to Proceed), in accordance with Section 6-9, the Con- tractor shall pay the Agency, or have withheld monies due it, the sum of seven hundred dollars ($700.00). Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Products proposed to be submitted as an “or equal” substitute shall be submitted with a minimum of 7 days prior to bid closing. Requests received after this period may be accepted or rejected at the discretion of the City. If an “or equal” substitute product is submitted, the following additional information shall be provided to the City: 1. An explanation of the advantages to the City for accepting the substitution. 2. A comparison of significant qualities of the proposed substitution with those specified. 3. A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors that will be necessary to accommodate the proposed substitution. 4. A statement indicating the substitution's effect on the Construction Schedule compared to the Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time. 5. Cost information, including a proposal of the net change, if any, in the Contract Sum. 6. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions that may be neces- sary because of the substitution's failure to perform adequately. The substituted product will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples shall be provided when requested by the City. Burden of proof as to com- parative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the Contractor. The City will be the sole judge as to such matters. In the event the City rejects the use of such alternative(s) submitted, then one of the particular products originally spec- ified in the Contract Documents shall be furnished. If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Drawings and Specifi- cations, such changes shall not be made without consent of the City, and shall be made without additional cost to the City. Specifications shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for a substitution of "an equal" item. If no time period is specified, data may be submitted any time within 35 days after the award of the contract." It is not uncommon for the specifications to provide as few as seven days to submit the request for substitution. Revised 6/15/17 Contract No. 6062 Page 207 of 209 The statute also requires the public entity, if aware of an equal product manufactured in this state, to name that product in the specification. Typical "Or Equal" Requirements A typical substitution clause will include the following: (1) a requirement that any proposed sub- stitution be submitted within a fixed period of time (as few as 7 days); (2) notification by the con- tractor as how the substituted product will impact the completion; (3) notification by the contractor as to the difference in cost between the substituted product and the listed product; (4) a require- ment that the contractor provide a detailed analysis of the difference between the listed product and the proposed product; (5) a requirement that the contractor provide (a) product identification, manufacturer literature, samples, names and addresses of similar projects where the substituted product has been used; (b) and the name and address of the manufacturer's representative; and (7) that the contractor pay the cost of the design team to review the proposed substitution. Substitutions and Approved Equals: Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the Contractor. The AOC or the AOC’s authorized Representative will examine any and all proposed alternatives for compliance with the Contract Documents. The proposed material(s), article(s) or equipment will be reviewed for comparative quality, suitability, and performance against the prod- uct(s) specified in the Contract Documents. Substitutions and Approved Equals: Alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed by the Contractor for use in the Work, provided the Contractor complies with the attached Specifications and the following requirements: 1. The Contractor shall submit a proposal for the alternative material(s), article(s), or equip- ment, in writing, within 10 days after Contract start date stated in the Notice to Proceed. In exceptional cases where the best interests of the AOC so require, the AOC may give written consent to a submittal or re-submittal received after expiration of the time limit designated. 2. The proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s), or equipment. Samples shall be provided when requested by the AOC. Burden of proof as to comparative quality, suitability, and performance of offered material(s), arti- cle(s), or equipment shall be upon the Contractor. The AOC will be the sole judge as to such matters. In the event the AOC rejects the use of such alternative(s) submitted, then one of the particular products originally specified in the Contract Documents shall be fur- nished. 3. If mechanical, electrical, structural, or other changes are required for installation, fit of alternative materials, articles, or equipment, or because of deviations from Contract Draw- ings and Specifications, such changes shall not be made without consent of the AOC, and shall be made without additional cost to the AOC. SUBSTITUTION REQUESTS. Requests for substitution will be considered only if received within 10 calendar days from the date of award. Requests received after this period may be accepted or rejected at the discretion of the City. Prepare and submit each request for substitution to the City in accordance with the procedures for submittals on the request form provided by the City. The following additional information shall be provided: 1. An explanation of the advantages to the Revised 6/15/17 Contract No. 6062 Page 208 of 209 City for accepting the substitution. 2. A comparison of significant qualities of the proposed substi- tution with those specified. 3. A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors that will be necessary to accommodate the proposed substitution. 4. A statement indicating the substitution's effect on the Construction Schedule compared to the Construction Schedule without acceptance of the substi- tution. Indicate the effect of the proposed substitution on overall contract time. 5. Cost information, including a proposal of the net change, if any, in the Contract Sum. 6. Certification that the sub- stitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions that may be necessary because of the substitution's failure to perform adequately. AREA DEFINITIONS. Maps and spreadsheets listing assets to be replaced or repaired in ‘Phase II’ are enclosed as supporting documents. Revised 6/15/17 Contract No. 6062 Page 209 of 209 APPENDIX “A” CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: _XX / XX / XX______________ from 7:00A.M. to 5:00 P.M. If you don’t plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad’s Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad.