2024-02-13; City Council; 04; Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Carlsbad Boulevard Water and Sewer Line Improvements at Terramar — Carlsbad City Council, February 13, 2024 (part 1 of 3)

CA Review GH
Meeting Date: Feb. 13, 2024
To: Mayor/President and City Council/Board Members
From: Scott Chadwick, City Manager/Executive Manager
Staff Contacts: Dave Padilla, Utilities Assistant Director/District Engineer [email protected], 442-339-2356
Sean Diaz, Utilities Senior Engineer
[email protected], 442-339-2350
Subject: Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Carlsbad Boulevard Water and Sewer Line Improvements at Terramar Project, Including Authorization to Execute a License Agreement with North County Transit District License Agreement for the Project
District: 2
Recommended Actions

1. Adopt a Carlsbad Municipal Water District Board of Directors resolution approving the plans, specifications a
nd contract documents and authorizing the Secretary of the Board of Directors to ad
vertise for bids for the Carlsbad Boulevard Water Line Improvements at Terramar Project.

2. Adopt a City Council resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise f or bids for the Carlsbad Boulevard Sewer Line Improvements a
t Terramar Project.

3. Adopt a Carlsbad
Municipal Water District Board of Directors resolution authorizing the Executive Manager
to execute a license agree ment between the North County Transit District and the Carlsbad Municipal Water District for the Carlsbad Boulevard Water Line Improvements at T
erramar Project.

Executi
ve Summary
The water and sewer mains along Carlsbad Boulevard north and south of Cannon Road and on Cannon Road
to just east of the railroad tracks were installed between 1958 and 1971. They need to be replaced or rehabilitate to ensure the reliability of the water and wastewater systems, accessibility to service them and compliance with current city and Carlsbad Municipal Water District (CMWD) design and construction standards.

This project
will abandon or remove 7,600 feet of potable water distributio n mains, construct 5,000 feet of new water main, and replace and/or rehabilitate 1,500 feet of sewer mains and access holes along Carlsbad Boulevard and Cannon Road, as shown i n the location map attached as Exhibit 4.

Feb. 13, 2024
Item #4 Page 1 of 31
JOINT CI TY c ,o u NCIL AND
CARLSBA ID ,MUNIC I PA l WATER DISTR I CT
Staff Report

The project’s construction cost estimate is estimated at $4,593,000. CMWD Board and City Council approvals of the plans, specifications and contract documents are required before the project can be advertised for construction bids under Carlsbad Municipal Code Section

3.28.080(E) because the cost exceeds the limits established by the California Uniform Public Construction Cost Accounting Act.

Staff recommend that the CMWD Board and the City Council adopt resolutions to approve the plans, specifications and contract documents, and authorize the Secretary of the Board of Directors and the City Clerk, respectively, to advertise and receive project bids, attached as Exhibits 1 and 2.

The project requires a license agreement with the North County Transit District because it will install pipes under the district’s railroad tracks The authority to execute license agreements with indemnities rests with the CMWD Board and the City Council, though the CMWD Board and the City Council may delegate that authority to the Executive Manager or the City Manager, respectively, in accordance with Carlsbad Municipal Code Section 2.12.035 (L).

Staff recommend the CMWD Board adopt the resolution attached as Exhibit 3, providing the approval specifically needed for the Carlsbad Boulevard Water Line Improvements at Terramar Project.

Explanation & Analysis
The project is part of the CMWD and the city’s Capital Improvement Program to maintain, rehabilitate or replace water and sewer infrastructure as identified by assessments, engineering studies and feedback from maintenance and operations staff. These existing water and sewer mains have reached the end of their service life and need replacement or rehabilitation to ensure system reliability, accessibility and compliance with current design and construction standards.

The project is located along Carlsbad Boulevard between Tierra Del Oro Street and 300 feet south of Manzano Drive, and along Cannon Road between Carlsbad Boulevard and Avenida Encinas. The project includes trenchless water main construction under the NCTD-controlled railroad tracks at Cannon Road, which requires a new NCTD license agreement for the utility crossing.

The work involves two city Capital Improvement Program projects – Carlsbad Boulevard Water Line Improvements at Terramar, CIP, Project No. 5048, and Carlsbad Boulevard Sewer Line Improvements at Terramar, CIP Project No. 5503-20 – which will be offered for bid together and constructed under a single contract. (CIP Project No. 5503-20 is part of the Sewer Line Rehabilitation and Replacement Program, CIP Project No. 5503.) The water and sewer improvements will occur within the city’s right-of-way. The trenches needed for the new pipes will be filled and resurfaced. Complete pavement restoration and other street improvements on Carlsbad Boulevard and Cannon Road will follow as a separate project, the Terramar Area Coastal Improvements Project, CIP Project No. 6054.

Feb. 13, 2024
Item #4 Page 2 of 31

Water improvements
The water improvements, identified in the 2019 Water Master Plan as CIP Project No. 5048, will abandon or remove 7,600 feet of existing 6-inch through 12-inch diameter asbestos cement water mains and construct 5,000 feet of new 12-inch diameter polyvinyl chloride, or PVC, pipe water mains along Carlsbad Boulevard and Cannon Road. They also include associated valves, fire hydrants and 51 water service lines.

The proposed project will consolidate the existing water pipelines located on each side of the roadway along Carlsbad Boulevard into a single pipeline near the street’s centerline and outside of the footprint of private driveways and landscaping improvements. The new pipelines will connect to the existing water system at the project limits along Carlsbad Boulevard and Cannon Road, and at the street intersections at Tierra Del Oro Street, Shore Drive, Cerezo Drive, Manzano Drive, Los Robles Drive, El Arbol Drive and Avenida Encinas.

Wastewater Improvements
Carlsbad Boulevard Sewer Line Improvements at Terramar, CIP Project No. 5503-20, will replace and/or rehabilitate approximately 1,500 feet of existing 6-inch, 8-inch and 10-inch diameter vitrified clay pipe sewer mains and seven manholes using trenchless rehabilitation and open trench construction methods.

NCTD agreement
NCTD has policies regulating and governing the use of its property and right-of-way, requiring standard agreements and permits. A license agreement is required for the water pipeline utility crossing beneath the NCTD railroad on Cannon Road by NCTD’s Board Policy 11 and Administrative Policy and Procedure DSD-4000: Incidental Use.

Fiscal Analysis
The engineer’s construction estimate for the project is $4,593,000. The total project cost of $6,023,000 includes the construction cost, contingency, engineering support, public outreach, and construction management and inspection services. There is currently high market volatility in material prices and construction labor, which is expected to influence the bids.

Staff will return to the CMWD Board and the City Council after evaluating the bids and identifying the lowest responsive and responsible bidder and request additional appropriation, if necessary. There are sufficient funds in the water and sewer replacement reserves for the additional appropriation that is anticipated.

Feb. 13, 2024
Item #4 Page 3 of 31

The tables below provide a summary of the available funds and estimated costs broken down between the water and sewer portions of the project:

Carlsbad Boulevard Water Line Improvements at Terramar Project Capital Improvement Program Project No. 5048
Total appropriation to date $4,730,000
Total expenditures and encumbrances to date -$431,914
Total available funding $4,298,086
Construction contract (estimated) -$3,746,000
Construction contingency (15%) -$562,000
Construction management, inspection, material testing services (estimated) -$562,000 Community outreach during construction (estimated) -$30,000 Total estimated construction cost $4,900,000
Remaining balance -$601,914
Additional estimated appropriation to be requested after bidding $602,000 Sewer System Rehabilitation and Replacement Program
Capital Improvement Program Project No. 5503
Total appropriation to date $10,626,475
Total expenditures and encumbrances to date -$5,824,171 Total available funding $4,802,304
Carlsbad Boulevard Sewer Line Improvements at Terramar Project Capital Improvement Program Project No. 5503-20
Construction contract (estimated) -$847,000
Construction contingency (15%) -$128,000
Construction management, inspection, material testing services (estimated) -$128,000 Community outreach during construction (estimated) -$20,000 Total estimated construction cost $1,123,000
Remaining balance $3,679,304
Feb. 13, 2024
Item #4 Page 4 of 31
Next Steps
With the CMWD Board and the City Council’s approvals, the Secretary of the Board of Directors and the City Clerk will advertise a request for bids for the project. Staff will then evaluate the bids received and identify the lowest responsive and responsible bidder.

Staff will then return to the CMWD Board and the City Council with a recommendation to award a construction contract to the identified lowest responsible and responsive bidder, which is expected to be in spring 2024. At that time staff will request an additional appropriation, as needed. Construction is estimated to begin in mid-2024 with an estimated completion date of mid-2025.

With approval of the proposed resolutions, the Executive Manager will be authorized to execute the required NCTD license agreement for this project.

Environmental Evaluation
On Sept. 20, 2023, the Planning Commission adopted Resolution No. 7494, to approve a Coastal Development Permit (CDP)2022-0056 for the water and sewer utility improvements. The Planning Commission also adopted Resolution No. 7493, to approve a third addendum to the final Addendum to the Program Environmental Impact Report for the Water, Recycled Water and Sewer Master Plan Updates, which determined that these utility projects are consistent with the California Environmental Quality Act Guidelines Sections 15162-15164.

On Oct. 12, 2023, the California Coastal Commission, which reserves the permitting authority for the area in and north of Cannon Road, reported a coastal development permit waiver (CDP Waiver 6-23-0472-W), completing the discretionary permit process and allowing the project to advance to the bidding phase.

Exhibits

1. CMWD Board resolution to approve plans, specifications and contract documents and authorization to advertise for bids for the Carlsbad Boulevard Water Line Improvements at Terramar Project

2. City Council resolution to approve plans, specifications and contract documents and authorization to advertise for bids for the Carlsbad Boulevard Sewer Line Improvements at Terramar Project

3. CMWD Board resolution for Carlsbad Boulevard Water Line Improvements at Terramar Project NCTD License Agreement

4. Location map

5. Plans, specifications and contract documents (on file in the Office of the Ci ty Clerk/Secretary of the Board of Directors)
Feb. 13, 2024
Item #4 Page 5 of 31
RESOLUTION NO. 1728

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL

WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE

PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND AUTHORIZING

THE SECRETARY OF THE BOARD OF DIRECTORS TO ADVERTISE FOR BIDS FOR

THE CARLSBAD BOULEVARD WATER LINE IMPROVEMENTS AT TERRAMAR

PROJECT
WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board of Directors of the City of Carlsbad, California has determined that it is necessary, desirable and in the public interest to replace water distribution pipelines for the Carlsbad Boulevard Water Line lmprovements at Terramar Project, Capital lmprovement Program, or CIP, Project No. 5048, or Project; and WHEREAS, the plans, specifications and contract documents for the Project have been prepared and are on file in the Office of the Secretary of the Board of Directors and are incorporated herein by reference; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.080(E) requires CMWD Board of Directors approval of plans, specifications and contract documents for all construction projects that are to be formally bid upon when the value exceeds $200,000; and WHEREAS, the total cost of the Project is estimated to be $4,900,000, including construction contingency, construction management, inspection and material testing services, and community outreach costs; and
WHEREAS, on Sept. 20, 2023, the Planning Commission adopted Resolution No. 7494, approving a Coastal Development Permit, or CDP, 2022-0056 for the water and sewer line improvements, and adopted Resolution No. 7493, approving a third addendum to the final Addendum to the Program Environmental lmpact Report for the Water, Recycled Water and Sewer Master Plan Updates finding consistency with the California Environmental Quality Aet Guidelines Sections 15162-15164.

NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the plans, specifications and contract documents for the Carlsbad Boulevard Water Line lmprovements at Terramar Project are hereby approved and on file in the Office of the Secretary of the Board of Directors.

Exhibit 1
Feb. 13, 2024 Item #4 Page 6 of 31

3. That the Secretary of the Board of Directors is hereby authorized and directed to publish, in accordance with state law and CMC Section 3.28.080(C), a Notice to Contractors lnviting Bids for construction of the project in accordance with the plans, specifications and contract documents referred to herein.

PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 13th day of February, 2024, by the following vote, to wit:

AYES:

NAVS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.

NONE.

KEITH BLACKBURN, President
SHERRY FREISINGER, Secretary
(SEAL)
Feb. 13, 2024 Item #4 Page 7 of 31
RESOLUTION NO. 2024-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, APPROVING THE PLANS, SPECIFICATIONS AND CONTRACT

DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS

FOR THE CARLSBAD BOULEVARD SEWER LINE IMPROVEMENTS AT

TERRAMAR PROJECT
WHEREAS, the City Council of the City of Carlsbad, California, has determined that it is necessary, desirable and in the public interest to construct the improvements to the sewer pipelines at Carlsbad Boulevard Sewer Line lmprovements at Terramar Project, Capital lmprovement Program, or CIP, Project No. 5503-20, or Project; and
WHEREAS, the plans, specifications and contract documents for the Project have been prepared, are on file in the Office of the City Clerk and are incorporated herein by reference; and WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.080{E) requires City Council approval of plans, specifications and contract documents for all construction projects that are to be formally bid upon when the value exceeds $200,000; and
WHEREAS, the total cost of the Project is estimated to be $1,123,000, including construction contingency, construction management, inspection and material testing services, and community outreach costs; and
WHEREAS, on Sept. 20, 2023, the Planning Commission adopted Resolution No. 7494, approving a Coastal Development Permit, or CDP, 2022-0056 for the water and sewer line improvements, and adopted Resolution No. 7493, approving a third addendum to the final Addendum to the Program Environmental lmpact Report for the Water, Recycled Water and Sewer Master Plan Updates finding consistency with the California Environmental Quality Aet Guidelines Sections 15162-15164.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the plans, specifications and contract documents for the Carlsbad Boulevard Sewer Line lmprovements at Terramar Project are hereby approved and on file in the Office of the City Clerk.

3. That the City Clerk is hereby authorized and directed to publish, in accordance with state law and CMC Section 3.28.080{C), a Notice to Contractors lnviting Bids for construction Exhibit 2
Feb. 13, 2024 Item #4 Page 8 of 31
of the Project in accordance with the plans, specifications and contract documents referred to herein.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of February, 2024, by the following vote, to wit:

AYES:

NAVS:

ABSTAIN:

ABSENT:

BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.

NONE.

KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 13, 2024 Item #4 Page 9 of 31
pr
Exhibit 3
RESOLUTION NO. .

A RE

SOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD

MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,

AUTHORIZING THE EXECUTIVE MANAGER TO EXECUTE A LICENSE

AGREEMENT BETWEEN THE NORTH COUNTY TRANSIT DISTRICT AND THE

CARLSBAD MUNICIPAL WATER DISTRICT FOR THE CARLSBAD BOULEVARD

WATER LINE IMPROVEMENTS AT TERRAMAR PROJECT
WHEREAS, the Board of Director of the Carlsbad Municipal Water District of the City of Carlsbad, California, has determined that it is necessary, desirable and in the public interest to construct the improvements to the sewer pipelines at Carlsbad Boulevard Sewer Line Improvements at Terramar Project, Capital Improvement Program, or CIP, Project No. 5503-20, or Project; and WHEREAS, the North County Transit District, or NCTD, has policies regulating and governing the use of its property and right-of-way; and
WHEREAS, the NCTD, through its Board Policy 11 , amended Oct. 21, 2021, and Administrative Policy and Procedure DSD -D4000, requires a license agreement for any public agency requesting incidental use of real property; and
WHEREAS, NCTD considers incidental use of real property to include utility infrastructure such as water, recycled water, and sewer facilities and appurtenances; and WHEREAS, it is necessary to execute a NCTD license agreement to construct the improvements for the Project, and the license agreement contain s indemnities through standard clauses and is attached herein.

NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the Executive Manager is hereby authorized to execute a license agreement between the NCTD and the CMWD for the Carlsbad Boulevard Water Line Improvements at Terramar Project, Capital Improvement Program Project No. 5048 (Attachment A).

Feb. 13, 2024
Item #4 Page 10 of 31

PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the __ day of ________, 202 4, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:
______________________________________
KEITH BLACKBURN, President

______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Feb. 13, 2024
Item #4 Page 11 of 31
231.36-1223-PL-CSBD
1 Recording Requested by
North
County Transit District
When recorded, mail to:

North County Transit District
810 Mission Avenue
Oceanside, CA 92054
Attn: Real Estate Department
SPA

CE ABOVE FOR RECORDER'S USE
APN: 210-010-10-00

LICENSE AGREEMENT
THIS
LICENSE AGREEMENT (“Agreement”) is made and entered into as of the effective date of ______, 2024 (“Effective Date”) by and between the North County Transit District (“NCTD”), a public agency existing under the laws of the State of California, pursuant to California Public Utilities Code sections 125000, et seq. and Carlsbad Municipal Water District (“Licensee”).

RECITALS
A. NC
TD has policies regulating and governing the use of its property and Right-of-Way (“ROW”) (collectively, the “Property”).

B. Licensee has applied for the issuance of a License for NCTD Property in accordance with such policies and NCTD has agreed to allow Licensee to use that portion of the ROW at milepost 231.36 identified in Exhibit “A” ("License Area"), subject to the terms and conditions of this Agreement.

C. Licensee agrees to be bound by the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows:

1. License to Use. In consideration of the covenants and conditions set forth in this Agreement, NCTD licenses and permits Licensee to own, operate and maintain a twelve-inch (12”) Polyvinyl Chloride (PVC) water pipeline inside a twenty-four-inch (24”) steel casing and related appurtenances (“Water Pipeline”), at milepost 231.36 in the City of Carlsbad, as depicted in Exhibit “A” (“Facility”).

2. Aut
hority Not Exclusive . This License is non-exclusive. The Licensee shall respect the rights and property of NCTD and other authorized users of the ROW, easements, power poles, street light poles, vaults, and conduits. Except as otherwise required by applicable law, disputes between the Licensee and parties other than NCTD over the use of the easements, power poles, street light poles, vaults, conduits and other rights-of-way pursuant to this Agreement shall be submitted to NCTD for resolution. Licensee expressly agrees the Facility shall not interfere with any use of the surface property.

3. Relocation. Licensee acknowledges that the License Area is used in connection with NCTD’s public purpose and other services to the public, and agrees that such uses by NCTD are superior Attachment A
Feb. 13, 2024
Item #4 Page 12 of 31
231.36-1223-PL-CSBD
2 in all respects to all uses by Licensee. Licensee shall, at Licensee's sole expense and within thirty (3
0) days after receiving written notice from NCTD, protect, temporarily relocate, or remove the Facility if NCTD determines, in its sole and absolute discretion that the Facility is inconsistent or interferes with NCTD’s current or planned use of the License Area or ROW. In consideration of NCTD’s agreement to enter into this Agreement, Licensee hereby waives any and all rights it may now have, or hereafter obtain, to any “relocation assistance benefits” pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. § 4601 et seq.), the California Relocation Assistance law (Cal. Gov. Code § 7260 et seq.) or any other statute that replaces or provides rights similar to such statutes, if NCTD requires Licensee to relocate the Facility or makes use of the ROW in such a way as to ‘displace’ Licensee from the License Area. Licensee shall in the future execute any further documentation of the release and waiver provided hereby as NCTD may reasonably require.

4. Compensation. Pursuant to Board Policy No. 11 and Administrative Policy and Procedure DSD- 4000, NCTD is entitled to recover fair market value payment as compensation for the License. The compensation includes the limited authorized non-transit use of the Property (“Incidental Use Fee”) and the annual recurring fee to cover NCTD’s administrative costs (“Annually Recurring Administrative Fee”). The Incidental Use Fee shall be two thousand two hundred eighty dollars and 00/100 ($2,280.00) and the Annually Recurring Administration Fee shall be two hundred twenty- eight dollars and 00/100($228.00). The total amount Licensee shall pay to NCTD is the sum of $2,508.00 per year ("License Fee") in advance, commencing on the Effective Date. The License Fee is subject to adjustment after the Effective Date pursuant to the Board Approved Cost Recovery Fee Schedule that is published annually, as may be amended from time to time, but no more than once per year on the anniversary of the Effective Date (each such date called an "Anniversary Reset Date").

4.1 Nothing in this Section 4 shall affect the right of NCTD to require Licensee to relocate or remove the Facility as set forth in Section 3 and Section 5.2.

4.2 Late Charge. Licensee acknowledges that late payment by Licensee to NCTD of License Fee, or other sums due under this Agreement will cause NCTD to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on NCTD. Accordingly, if any installment of License Fee or any other sum due from Licensee shall not be received by NCTD or NCTD's designee within thirty (30) days after such amount shall be due, then, without any requirement for notice from NCTD, Licensee shall pay to NCTD a late charge equal to ten percent (10%) of such overdue amount.

The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs NCTD will incur by reason of late payment by Licensee. Acceptance of such late charge by NCTD shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent NCTD from exercising any of the other rights and remedies granted under this Agreement or at law.

4.3 Payment of License Fee. Payments shall be made payable to NCTD at 810 Mission Avenue, Oceanside, California 92054; provided that NCTD may by written notice to Licensee direct that the License Fee be made payable to NCTD at such address as NCTD may designate in such notice, or to such other person as NCTD may designate at such address as NCTD may designate in such notice.

5. Limitations on Use.

5.1 Licensee shall comply with all applicable terms, conditions and requirements of NCTD's policies regarding NCTD’s ROW and all other NCTD ordinances, rules and regulations.

Feb. 13, 2024
Item #4 Page 13 of 31
231.36-1223-PL-CSBD
3 Licensee shall comply with all applicable laws, rules and regulations of the Federal, State, Co
unty, local governments and all administrative agencies thereof which may have jurisdiction over Licensee's use of the License Area and the use, construction, and maintenance of the Facility.

5.2 Licensee acknowledges that the Property is used in connection with NCTD’s public purpose and other services to the public, and agrees that such uses by NCTD are superior in all respects to all uses by Licensee. Licensee's use of the License Area must not in any way interfere with NCTD's continuing control over the Property or NCTD's expressed continued ability to carry out its functions. NCTD shall have the right, without further liability to Licensee, to terminate this Agreement pursuant to Sections 12, 13 and 14 in order to maintain continuing control over the License Area or NCTD’s expressed continued ability to carry out its functions.

5.3 Licensee shall not cause or permit any Hazardous Material to be used, stored, transported, generated, or disposed in or about the License Area by Licensee, Licensee's agents, employees, contractors, licensees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste which is or becomes regulated by any local governmental entity, the State of California, or the United States Government under any law, regulation or ordinance regulating or controlling any Hazardous Material (the "Hazardous Materials Laws"), including, without limitation, any material, or substance which is: (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under California Health and Safety Code §§ 25115, 25117 or 25122.7, or listed pursuant to California Health and Safety Code § 25140; (ii) defined as a "hazardous substance" under California Health and Safety Code § 25316; (iii) defined as a "hazardous material," "hazardous substance" or "hazardous waste" under California Health and Safety Code § 25501 (iv) defined as a "regulated medical waste" under 40 C.F.R. § 259.10(a) or § 259.30, (v) petroleum or petroleum product; (vi) asbestos; (vii) designated as a "hazardous substance" pursuant to § 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317); (viii) defined as a "hazardous waste" pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (42 U.S.C. § 6903); or (ix) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601).

5.4 No use, construction, or maintenance by Licensee or on Licensee's behalf will interfere with any railroad operations on the ROW in the License Area.

5.5 Licensee shall not cross or permit the crossing over of the railroad tracks on the ROW except at public crossings approved by the California Public Utilities Commission.

5.6 Licensee shall not leave any personal property or equipment on the ROW unattended at any time.

5.7 Licensee shall not install or use any underground storage tanks in the License Area.

6. Insurance. Without limiting Licensee’s indemnification obligations to NCTD under this Agreement, Licensee shall provide and maintain during the term of this Agreement, at Licensee’s sole expense, insurance in the amounts, coverage, and terms and conditions specified in Exhibit “B,” INSURANCE REQUIREMENTS. The policies must name in the endorsements and schedules as additional insureds NCTD and its directors, officers, agents, employees, and designated volunteers, the National Railroad Passenger Corporation (“AMTRAK”), the Southern California Regional Rail Authority (“SCRRA” or “Metrolink”), and the Burlington Northern Santa Fe Railway Company (“BNSF”), and any other entity performing maintenance work on the ROW, any other Feb. 13, 2024
Item #4 Page 14 of 31
231.36-1223-PL-CSBD
4 entity providing passenger rail operation services for NCTD on the ROW, and any other entity pr
oviding dispatch services to NCTD for the ROW, their officers, agents, and employees. ” NC
TD takes no responsibility for the protection of Licensee’s property from acts of vandalism by third parties. The insurance requirements may be changed by NCTD upon giving of notice to Licensee; provided that the requirements set forth in Exhibit B shall be the minimum insurance requirements during the Term.

7. Indemnification. Licensee agrees to protect, save, defend, and hold harmless NCTD and its Board and each member of the Board, AMTRAK, SCRRA, and BNSF, and their respective officers, agents and employees from any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages related to the installation, operation and maintenance of the Water Pipeline, whether directly or indirectly arising from or connected with an act or omission of Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person acting by or on behalf of Licensee on or about the ROW, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage; provided, however, that nothing herein shall relieve any party indemnified hereunder from liability to the extent that such liability arises from such party's negligence or willful misconduct. The requirements as to the types and limits of insurance coverage to be maintained by Licensee as required by Section 6, and any approval of such insurance by NCTD, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Licensee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. This indemnity shall not require payment of a claim by NCTD or any of its officers, employees, consultants, contractors, and agents as a condition precedent to NCTD’s recovery hereunder. Licensee’s obligation to indemnify hereunder shall not be restricted to insurance proceeds, if any, received by NCTD and its directors, officers, employees, consultants, contractors, and agents.

N
othing contained herein shall prohibit NCTD, in its sole discretion, from participating in the defense of any demand, claim, action, proceeding, or litigation. In no event shall NCTD’s participation in the defense of any demand, claim, action, proceeding, or litigation affect the obligations imposed upon Licensee herein.

8. Construction.

8.1 Any work performed or caused to be performed by Licensee on the License Area shall be performed (a) at Licensee’s sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including the NCTD’s ordinances, rules and regulations); and (c) in a manner that is satisfactory to NCTD and which meets or exceeds the then applicable standards of the industry for such work.

8.2 Prior to the commencement of any work, Licensee shall submit to NCTD for review and approval construction drawings, specifications, work plans and any other relevant information NCTD deems necessary, including but not limited to documents as required pursuant to Section 8, to enable NCTD to determine the scope and nature of the proposed work and the potential effect of such work on the ROW and train operations. NCTD may approve or disapprove any work or provision in such documents in NCTD's sole and absolute discretion, and NCTD may require such changes or impose such conditions as NCTD, in its sole and absolute discretion, deems necessary or appropriate.

8.3 Licensee shall provide NCTD and all holders of underground utility facilities located within the License Area with at least seven (7) calendar days written notice prior to commencement of any work on the License Area. In the event of an emergency, Licensee shall notify NCTD personally or by telephone prior to commencing any work. Upon completion of any work, Feb. 13, 2024
Item #4 Page 15 of 31
231.36-1223-PL-CSBD
5 Licensee shall restore the License Area to its condition immediately preceding the co
mmencement of the work.

8.4 As applicable for any construction, the following shall apply to any entry or work within the ROW:

8.4.1 Every individual who will be entering upon the License Area or ROW under this Agreement, before entering, shall first attend a class conducted by NCTD or NCTD's designee on Railroad Worker Protection Safety rules and regulations. Licensee shall pay all costs associated with such class.

8.4.2 The need for flag protection for Licensee’s operations on or adjacent to the ROW shall be determined in the sole discretion of NCTD or NCTD’s designee. In the event that NCTD or NCTD’s designee determines that flag protection is necessary, Licensee shall not enter upon or use the License Area until flag protection has been provided.

Licensee shall submit for flag protection services in accordance with NCTD policies and procedures. Licensee shall pay all costs of flag protection. NCTD or NCTD’s designee shall use reasonable efforts to provide flag protection on the dates and times of Licensee's requested entries, provided that any work by NCTD, BNSF, or AMTRAK that requires flag protection shall take priority. NCTD shall not be liable for any costs, expenses, or claims if flag protection is not provided on Licensee's requested dates or times of entry.

8.4.3 Licensee shall, upon NCTD's request and at Licensee's expense, install barrier fencing, K-rail, and/or landscaping in the License Area to shield the railroad track area from public access and/or the improvements thereon from public view. NCTD shall have the right to review and approve fencing and/or landscaping plans prior to installation.

8.4.4 NCTD's review and inspection of the construction drawings, specifications, work plans, and other construction documents, including but not limited to documents as required pursuant to this Section 8 is for the purpose of examining the general arrangement, design, details of the work for potential impact on the ROW, and ROW safety and railroad operations. NCTD and NCTD's employees, consultants, and agents assume no responsibility for and make no representations or warranties, express or implied, as to the design, condition, workmanship, or adequacy of the drawings, specifications, Permit Registration Documents (as defined below) or ESCP (as defined below), or Licensee’s compliance with the same, construction documents, or work. No review, comments, requirements, or inspection shall relieve Licensee or Licensee's engineers, contractors, subcontractors, or consultants from the entire responsibility for the errors or omissions in the drawings, specifications, Permit Registration Documents (as defined below), ESCP (as defined below), or construction documents, or for the quality or adequacy of the work.

8.5 Storm Water Pollution Prevention: Compliance with Construction General Permit for the Agreement:

8.5.1 If coverage under the Construction General Permit and/or NCTD MS4 Program requirements (as defined in this Section 8) pursuant to applicable NCTD, local, state, and federal ordinances, laws, rules and regulations is required, Licensee shall prepare, implement and monitor a Storm Water Pollution Prevention Plan (“SWPPP”) that is consistent with the current NCTD SWPPP template and is in compliance with the current Construction General Permit for the purpose of preventing, among other things, the discharge of pollutants into receiving waters. This includes elimination of non-storm Feb. 13, 2024
Item #4 Page 16 of 31
231.36-1223-PL-CSBD
6 water pollution discharges such as improper dumping, spills or leakage from storage tan
ks or transfer areas. If coverage under the Construction General Permit is required, Licensee shall not perform or cause to be performed any construction or demolition activities on the License Area until Licensee obtains a Waste Dischargers Identification number, as that term is defined in the Construction General Permit. For purposes of this Section 8, “Construction General Permit” shall mean the State Water Resources Control Board (“SWRCB”) National Pollutant Discharge Elimination System (“NPDES”) General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities, as it may be amended or superseded(currently Order No. 2012-0006-DWQ); and MS4 Program shall mean the Regional Water Quality Control Board issued Phase II Small Municipal Separate Storm Sewer System (“MS4”) Program (currently Order No. 2013-0001-DWQ) as it may be amended or superseded.

8.5.2 The Licensee shall prepare, implement and monitor an Erosion and Sediment Control Plan (“ESCP”) consistent with the current NCTD ESCP template for the purpose of preventing the discharge of pollutants into receiving waters for all construction or demolition activities performed or caused to be performed by Licensee on the License Area for activities not requiring coverage under the Construction General Permit, the industrial general permit or an individual NPDES permit, including activities that result in a total land disturbance of less than one acre that are not part of a larger common plan of development or sale. This includes elimination of non-storm water pollution discharges such as improper dumping, spills or leakage from storage tanks or transfer areas.

8.5.3 Without limiting the provisions set forth in Sections 5.1, 8.1, 8.5.1 and 8.5.2, the Licensee shall comply with the NCTD Storm Water Management Program and all NCTD, local, state and federal ordinances, laws, rules and regulations governing storm water discharges, including but not limited to those associated with construction and demolition activities such as clearing, excavating, grading, demolition and other land disturbances.

8.5.4 The Licensee shall pay and be responsible for all fees, as applicable and as required by SWRCB, during the term of this Agreement.

8.5.5 The Licensee shall submit all SWRCB required documentation, as applicable and including but not limited to Permit Registration Documents, as that term is defined in the Construction General Permit, to the SWRCB through the SWRCB SMARTS online system and shall provide a copy of such documentation and proof of submittal to NCTD.

8.5.6 As required by NCTD’s Phase II MS4 Permit (Order No. 2013-0001-DWQ) (“MS4 Permit”), NCTD may conduct periodic water sampling associated with any drainage facility installed by Licensee within the License Area. Licensee shall be required to reimburse NCTD for costs associated with collection, sampling and reporting. NCTD may require Licensee to perform corrective actions, at Licensee's sole cost and expense, in order to meet the requirements of the MS4 Permit.

9. Reimbursement of NCTD . Licensee shall reimburse NCTD within thirty (30) days of invoice for all cost and expense incurred by NCTD in connection with NCTD's review and processing of this Agreement and any work performed by or for Licensee on the License Area. These costs include, but are not limited to, NCTD staff time and consultants’ fees for the expenses of reviewing construction documents, ESCPs, Permit Registration Documents, ROW support services, inspections, monitoring, security, the installation and removal of false work beneath tracks, Feb. 13, 2024
Item #4 Page 17 of 31
231.36-1223-PL-CSBD
7 equipment rentals, and restoration of the ROW to the same condition as when Licensee entered the
reon. Upon execution of this Agreement, Licensee shall deposit with the NCTD the amount determined by NCTD to be the probable amount of reimbursable expenses. NCTD may deduct the costs and expenses from the deposit as such costs and expenses are incurred. Costs of services provided by NCTD employees will be charged at the employees' fully burdened hourly rates (monthly salary and benefits). Services provided by NCTD consultants, equipment rentals, and other third-party costs will be charged at cost. Upon demand by NCTD, Licensee shall make any additional deposits that NCTD determines are necessary to reimburse NCTD for the costs and expenses incurred by NCTD. In the event that the costs and expenses incurred by NCTD exceed the amounts deposited, Licensee shall reimburse NCTD for all such costs and expenses within thirty (30) days of invoice.

10. Maintenance and Repair . Licensee shall, at Licensee's sole expense, maintain the Facility and License Area in a condition satisfactory to NCTD and in accordance with applicable governmental codes. Licensee shall be responsible for any citations issued by any agency having jurisdiction as a result of Licensee’s failure to comply with any applicable law, regulation, ordinance, rule, or order.

11. Taxes and Assessments. Licensee shall pay before delinquency any and all real and personal property taxes, general and special assessments, license fees, and other charges of any description including, without limitation, any possessory interest tax, that are levied and assessed from the commencement of this Agreement until the expiration or termination of this Agreement against the Property, Licensee's possessory interest in the Property, Licensee's Leasehold Estate, any subleasehold estate, improvements located on the Property, or personal property installed or located in or on the Property or improvements (collectively, "Taxes and Assessments"), to the full extent of the installments of the Taxes and Assessments falling due during the term of this Agreement. All payments of Taxes and Assessments shall be made directly to the taxing or charging authority. Licensee shall provide receipts or other proof of payment of the Taxes and Assessments to NCTD prior to the date that the Taxes and Assessments become delinquent.

11.1 Licensee's Right to Contest Taxes and Assessments. Licensee at its sole cost shall have the right, at any time, to seek a reduction in the assessed valuation of the Property or to contest any Taxes and Assessments that are to be paid by Licensee. If Licensee seeks a reduction of or contests the Taxes and Assessments, the failure on Licensee's part to pay the Taxes and Assessments shall not constitute a default as long as Licensee, before the delinquency date, furnishes to NCTD a surety bond issued by an insurance company qualified to do business in California in an amount equal to one hundred twenty-five percent (125%) of the total amount of Taxes and Assessments in dispute. The bond shall hold NCTD and the Property harmless from any damage arising out of the proceeding or contest and shall insure the payment of any judgment that may be rendered. NCTD shall not be required to join in any proceeding or contest brought by Licensee unless the provisions of any law require that the proceeding or contest be brought by or in the name of NCTD. In that case NCTD shall join in the proceeding or contest or permit it to be brought in NCTD's name as long as NCTD is not required to bear any cost. Licensee, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered, together with all costs, charges, interest, and penalties incidental to the decision or judgment.

11.2 Transfer Taxes. If a transfer tax is payable to any governmental agency or agencies as a result of this Agreement, Licensee shall promptly pay such transfer tax directly to the taxing authority or authorities when it is due.

11.3 Possessory Interest Tax Notice. Licensee acknowledges that NCTD has given notice to Licensee that the property interest created by this Agreement may be subject to property taxation pursuant to Revenue and Taxation Code § 107.6 or other statutes, and that Licensee Feb. 13, 2024
Item #4 Page 18 of 31
231.36-1223-PL-CSBD
8 may be subject to the payment of property taxes levied on the possessory in terest created by this Agreement.

11.4 Indemnification. NCTD shall not be liable for, and Licensee shall indemnify, defend and hold NCTD and its Board of Directors, officers, employees, consultants, contractors, and agents and the Property and any improvements now or hereafter located on the Property free and harmless from any claims, demands, liabilities, judgments, fines, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs, resulting from any Taxes and Assessments required by this Article to be paid by Licensee, and from all interest, penalties, and other sums imposed thereon, and from any sale or other proceeding to enforce collection of any Taxes and Assessments.

11.5 Payment by NCTD. Should Licensee fail to pay within the time specified in this Article any Taxes and Assessments required by this Article to be paid by Licensee, NCTD may, without notice to or demand on Licensee, pay, discharge, or adjust said Taxes and Assessments for the benefit of Licensee. In such event, Licensee shall reimburse NCTD pursuant to Section 9.

12. Default. In the event that Licensee fails to perform any obligation under this Agreement, Licensee shall pay all costs and expenses incurred by NCTD in obtaining performance of such obligations.

If Licensee uses the ROW or Property for any purpose not expressly authorized by this Agreement or fails to act strictly in accordance with the terms and conditions of this Agreement, and if such default is not corrected within thirty (30) days' notice from NCTD to Licensee, NCTD may terminate this Agreement and prevent Licensee from using or remaining upon the ROW. If NCTD determines that any default by Licensee does or has the potential to cause a danger to the ROW or railroad operations, NCTD may immediately and without prior notice to Licensee terminate this Agreement and prevent Licensee from using or remaining upon the ROW or Property, with or without process of law.

13. Termination for Convenience. Notwithstanding any other section or provision of this Agreement, NCTD may terminate this Agreement for convenience by providing sixty (60) days written notice.

14. Termination. Upon termination of this Agreement, Licensee shall, at Licensee's sole expense, remove the Facility and all other Licensee improvements in or upon the ROW or Property and restore the ROW or Property to a manner satisfactory to NCTD. Should Licensee fail or refuse to comply with the terms of this Section 14, NCTD may, at its option, perform such work, and Licensee shall promptly reimburse NCTD for all costs and damages so incurred.

15. Service of Notice . Except as otherwise provided in this Agreement, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to:

NCTD: North County Transit District LICENSEE: Carlsbad Municipal Water District 810 Mission Avenue 5950 El Camino Real
Oceanside, CA 92054 Carlsbad, CA 92008
Attention: Real Estate Department Attention: Executive Manager

Mailed notices shall be deemed given upon actual receipt at the address required, or forty-eight (48) hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes.

In the event the tracks become damaged, blocked or fouled in any way, Licensee shall immediately notify NCTD Rail Operations Center at (760) 966-6700.

Feb. 13, 2024
Item #4 Page 19 of 31
231.36-1223-PL-CSBD
9 16. Acceptance of License Area. Licensee accepts the License Area in its present physical " AS-IS" condition, and agrees to make no demands upon NCTD for any improvements or alterations. By signing this Agreement, Licensee represents and warrants that Licensee has independently inspected the License Area and the area immediately surrounding and made all investigations, tests, and observations necessary to satisfy Licensee as to the condition of the License Area, zoning and land use laws, regulations, and ordinances affecting the License Area, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the License Area.

Licensee agrees that Licensee is relying solely on Licensee's independent inspection and that NCTD has made no warranty or representation with regard to the License Area. NCTD shall not be responsible for any latent defect or change in condition in the License Area and Licensee's obligations under this Agreement shall not be diminished on account of any defect in the License Area, any change of condition, or any damages occurring on the License Area. In case of Licensee’s eviction by anyone owning or claiming title to or any interest in the License Area, NCTD shall not be liable to Licensee for any damage of any nature whatsoever or to refund any monies paid hereunder. Licensee hereby releases NCTD from all future claims, actions, or demands that Licensee may have or may hereinafter have, known and unknown, in any way relating to the quality, fitness, or condition of the License Area, and Licensee specifically waives all rights under California Civil Code section 1542, which provides as follows:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Licensee Initial: _________

17. General Provisions.

17.1 Waiver. No delay or omission in the exercise of any right or remedy of NCTD on any default by Licensee shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by NCTD of any delinquent License Fee shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular License Fee payment involved. NCTD's consent to or approval of any act by Licensee requiring NCTD's consent or approval shall not be deemed to waive or render unnecessary NCTD's consent to or approval of any subsequent act by Licensee. Any waiver by NCTD of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

17.2 Time of Essence. Time is of the essence for each and every provision of this Agreement.

17.3 Successors. This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided in this Agreement.

17.4 Modification. This Agreement cannot be amended or modified except by a written agreement signed by both parties.

17.5 Singular and Plural. When required by the context of this Agreement, the singular shall include the plural.

17.6 Joint and Several Obligations. If NCTD or Licensee is more than one person or entity, the obligations imposed on that party shall be joint and several.

Feb. 13, 2024
Item #4 Page 20 of 31
231.36-1223-PL-CSBD
10 17.7 Severability. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal.

17.8 Captions. The captions and headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Agreement.

17.9 Agreement Administration. This Agreement shall be administered on behalf of NCTD or a designee (collectively, the “NCTD License Agreement Administrator”), and on behalf of Licensee by ______________ or by another person designated in writing by Licensee (collectively, the “Licensee’s License Agreement Administrator”).

17.10 NCTD Approval. Except where stated in this Agreement to the contrary, the phrases “NCTD approval”, and “NCTD written approval” or similar phrases shall mean approval by NCTD’s License Agreement Administrator.

17.11 Licensee’s Agreement Administration. Licensee confirms that Licensee’s License Agreement Administrator has been given full operational responsibility for compliance with the terms of this Agreement.

17.12 Business Days. The term “business days” as used in this Agreement means any calendar day other than a Saturday, Sunday, or official NCTD holiday.

17.13 Cumulative Remedies. If a default under this Agreement occurs, each party’s remedies shall be limited to those remedies set forth in this Agreement. The remedies under this Agreement are cumulative and not exclusive of any other remedies under this Agreement to which the non-defaulting party may be entitled.

17.14 Entire Agreement. This Agreement, together with all attached addenda, exhibits and riders attached to this Agreement, constitutes the entire agreement between NCTD and Licensee with respect to the subject matter of this Agreement, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded.

17.15 Governing Law and Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a State or Federal court situated in the County of San Diego, State of California.

17.16 Vibration and Noise from Train Operation; Barricades . Licensee recognizes and acknowledges that railroad tracks are located on or adjacent to the License Area and that the operation of trains over the tracks does and will produce vibrations which may affect the Facility and Licensee's use of the License Area. With knowledge and understanding of these facts, Licensee by execution of this Agreement, agrees that no legal action or complaint of any kind whatsoever shall be instituted against NCTD by Licensee or on Licensee’s behalf as result of vibrations or as a result of the use of the railroad tracks in general.

17.17 Public Document. Licensee acknowledges that this Agreement and all documents relating hereto are “public records” (as defined in Section 6252(e) of the California Government Code), except for any documents relating to Licensee’s financial condition or otherwise exempt from such status pursuant to law, and that public records, with limited exemptions, are subject to public disclosure pursuant to the provisions of California Government Code, commencing with Section 6250.

Feb. 13, 2024
Item #4 Page 21 of 31
231.36-1223-PL-CSBD
11 17.18 Interpretation. The language of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.

17.19 Authority. If Licensee is a corporation, trust, or general or limited partnership, Licensee, and each individual executing this Agreement on behalf of such entity represent and warrant that such individual is duly authorized to execute and deliver this Agreement on behalf of said entity. If Licensee is a corporation, trust or partnership, Licensee shall, deliver to NCTD evidence of such authority satisfactory to NCTD upon execution of this Agreement.

17.20 Counterparts. This instrument may be executed in any number of counterpart copies, each of which counterpart copy shall be deemed an original for all purposes.

IN WITNESS WHEREOF , the parties have signed below, effective as of the Effective Date, by their duly authorized representatives.

NCTD: LICENSEE:

North County Transit District Carlsbad Municipal Water District

By: By:

Name: Tracey Foster Name: Scott Chadwick

Title: Chief Development Officer Title: Executive Manager

A CALIFORNIA* ALL PURPOSE NOTARY ACKNOWLEDGEMENT MUST BE ATTACHED

FOR ALL SIGANTURES ABOVE
(* or applicable State of Signatory)

Approved as to Form and Legality

____________________________
Lori A. Winfree
General Counsel

Feb. 13, 2024
Item #4 Page 22 of 31
231.36-1223-PL-CSBD
12 Sta
te of California
County

On , before me, , Notary Public, personally appeared ____________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE

(SEAL)

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.

Feb. 13, 2024
Item #4 Page 23 of 31
231.36-1223-PL-CSBD
13 Sta
te of California
County

I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE

(SEAL)

Feb. 13, 2024
Item #4 Page 24 of 31
231.36-1223-PL-CSBD
14 EX
HIBIT A – LICENSE AREA

Feb. 13, 2024
Item #4 Page 25 of 31
V
V
V
V
V V
V
V
V
V

V V V
V V
V
V
V
◊
◊◊
◊
◊
◊ ◊
◊
X
X
X
X
X
XX
X
X

X X X X X X X X X X X X X X X X X X
X
X
X
X

HIGH DEFLECTION COUPLING
STA=60+53.44
N=1993920.38
E=6230350.08
Δ=6.07° L
6 22.5° BEND
STA=61+61.36
N=1993965.74
E=6230448.01
6 8

22.5° BEND
STA=61+86.65
N=1993984.35
E=6230465.14
6 8
45° BEND
STA=63+80.00
N=1994041.91
E=6230646.60
6 8
45° BEND
STA=63+84.11
N=1994045.70
E=6230648.14
6 8
12" x 8" TEE
STA=63+53.44
N=1994031.48
E=6230622.17
8 TIE INTO EXISTING 12" PVC WATER
STA=65+15.76
N=1994097.75
E=6230769.06
6 45° BEND
STA=63+11.30
N=1994015.13
E=6230583.31
8 6
8 6
W
W
18 18
W
W
L17
L21
L18
L19
L20
L22
MAR
STA=65+11.00
N=1994095.91
E=6230764.67
27 BLOW OFF
STA=63+46.41
N=1994028.82
E=6230615.66
25 W W W
CAP EXISTING 12" PVC

WATER AND ABANDON
IN PLACE. FILL WITH SLURRY

PER SPECIFICATIONS
CAP EXISTING 12" AC

WATER AND ABANDON
IN PLACE. FILL WITH SLURRY

PER SPECIFICATIONS
ARV
STA=63+37.22
N=1994025.23
E=6230607.20
10 C-20
28 45° BEND
STA=62+99.72
N=1994019.52
E=6230572.60

BLOW OFF
STA=61+89.49
N=1993985.23
E=6230467.84
29 HIGH DEFLECTION COUPLING
STA=63+40.38
N=1994026.46
E=6230610.11
6 BLOWOFF
STA=63+57.50
N=1994033.13
E=6230625.88
28 61+00
62+00
63+00
64+00
65+00
PH16A
PH17
PH18
PH19
PH20
PH21
24 28
32 36
40 44
48 52
24 28
32 36
40 44
48 52
60+20 61+00 62+00 63+00 64+00 65+00 65+40
STA=63+53.44
12" TEE
CL ELEV =40.40'
STA=61+61.36
12" 22.5° BEND (HORIZ)
CL ELEV =36.95'
STA=63+80.00
12" 45° BEND (HORIZ)
CL ELEV =40.52'
STA=65+21.24
EXIST 12" CROSS
CL ELEV =41.22'
EXIST
SD
INV=27.9±
EXIST

SDG&E ENCASEMENT
BOTT=42.0±
EXIST
2" W
INV=39.6±
EXIST
2" G
INV=UNK
EXIST
8" W
INV=UNK
EXIST
18" SD
INV=35.2±
EXIST
COM
INV=UNK
EXIST
12" RW
INV=33.8±
EXIST
36" FM
INV=23.8±
EXIST
E
INV=UNK
CONSTRUCT 219 LF
12" PVC C900
STA=63+51.15
12" GV
CL ELEV = 40.40'
STA=63+55.73
12" GV
CL ELEV = 40.40'

EXIST GRADE AT PIPE CL

3.5' MIN
(TYP)
100' NCTD
ROW

PROTECT EXISTING
12" PVC PIPE
CONSTRUCT 34 LF
12" PVC C900
CONSTRUCT 103' LF 24" STEEL CASING

VIA PIPE RAM METHOD
EXIST
42" S
INV=35.4±
S = 0.0026
S = 0.0052
EXIST
8" S
INV=38.6±
STA=65+23.74
EXIST 12" GV
CL ELEV = 41.22'
EXIST
2" W
INV=UNK
UNK W

INV UNK
STA 65+11.00
MAR
STA 63+37.22
ARV

RAILROAD MAST

AND FND
(FOREGROUND)

RAILROAD MAST

AND FND
(BACKGROUND)

NCTD REQ'D

5.5' CLR (MIN)
EXIST 54" SDCWA (WATER) PIPELINE NOT
SHOWN AT INV=14.78
EXIST

1.5" FO
INV=UNK
S = 0.0726
STA 63+46.41
CL ELEV = 40.63
BO
S = 0.0050
1' CLR
(MIN)
1' CLR
(MIN)
STA=65+18.99
EXIST 12" GV
CL ELEV = 41.22'
STA 63+57.50
CL ELEV = 40.96
BO
EXIST

LOOP DETECTOR
INV=UNK
EXIST
NCTD

CONDUIT
INV=UNK
EXIST
E
INV=UNK
EXIST
E
INV=40.7±
EXIST
E
INV=UNK
EXIST
12" HP G
INV=41.3±
S = 0.0019 S = 0.0590
S = 0.0058
S = 0.3343
S = 0.0001
STA=60+53.44

HIGH DEFLECTION CPLG
CL ELEV =36.80'
Δ=0.05°
STA=61+86.65
12" 22.5° BEND (HORIZ)
CL ELEV =35.51'
STA=62+99.72
12" 45° BEND (HORIZ)
CL ELEV =36.17'
STA=63+11.30
12" 45° BEND (HORIZ)
CL ELEV =39.70'
STA=63+84.11
12" 45° BEND (HORIZ)
CL ELEV =40.54'
Δ=0.06°

RECEIVING PIT

JACKING PIT
1' CLR
(MIN)
STA=63+40.38

HIGH DEFLECTION CPLG
CL ELEV =39.70'
Δ=3.62°
CONSTRUCT 25 LF
12" PVC C900
CONSTRUCT 113 LF
12" FPVC
1' CLR
(MIN)
1' CLR
(MIN)

PIPE DATA TABLE

SEGMENT
L16
L17
L18
LENGTH
302.65'

25.29'
113.07'

BEARING
N71° 11' 31"E
N42° 38' 36"E
N71° 52' 23"E

PIPE DATA TABLE

SEGMENT
L19
L20
L21
L22
LENGTH

11.62'

68.68'

4.08'
148.03'

BEARING
S67° 55' 25"E
N67° 04' 29"E
N21° 43' 59"E
N66° 45' 01"E

POTHOLE TABLE
NAME
PH16A
PH17
PH18
PH19
PH20
PH21

DESCRIPTION
TOP ASPH 8IN SEW FM B-10.00 DRY HOLE
MAG NAIL SDGE DB T-4.64
TOP ASPH 30IN RCP SD B-12.00 DRY HOLE
MAG NAIL T-0.50 SDGE DB
TOP ASPH 12IN HP GAS B-7.94 DRY HOLE
MAG NAIL COMM LINE T-2.86 B-4.48

ELEVATION

44.52 44.70

44.98 45.03

44.83 44.91

NORTHING
1993991.61
1993987.10
1994012.22
1994013.42
1994017.75
1994045.14

EASTING
6230460.21
6230480.56
6230591.77
6230586.94
6230594.53
6230594.31

KEY MAP

MANZANO DR
AVENI
DA

ENCINAS

CANNON RD
CARL

SBAD BLVD

KEY MAP
NORTH

CANNON RD
MATCH LINE STA 60+20 SEE DWG C-09

THIS SHEET
8'4'0 2'
SCALE: 1" = 4'
40'20'0 10'
SCALE: 1" = 20'
KEY NOTES:

1. CONSTRUCT NEW 12-INCH DR18 C900 PVC WATERLINE WITH
LOCATING WIRE AND WARNING TAPE. TRENCH AND PIPE
ZONE PER CMWD STD. DWG. NO. W-2. REPAIR AC PAVEMENT
PER CITY OF CARLSBAD STD DRAWING GS-26 (MODIFIED).

SEE DETAIL 13 SHEET 24.
#

6. INSTALL NEW FITTING. SIZE AND TYPE PER PLAN.

8. INSTALL THRUST BLOCK PER CMWD STD. DWG. NO. W-19,
SEE DETAIL 12/C-21 FOR THRUST BLOCK BEARING AREAS.

16. ALL EXISTING UTILITY PIPE SIZES TO BE ABANDONED SHALL

BE ENTIRELY FILLED BY PRESSURE GROUTING PER
SPECIFICATION 15000.

18. CONNECT TO EXISTING 12-INCH PVC WITH RESTRAINED
TRANSITION COUPLING.

22. REMOVE EXISTING 12-INCH ACP WATERLINE PER
SPECIFICATIONS SECTIONS 02060 AND 02262.

23. CONSTRUCT 12-INCH FPVC PIPE WITHIN 24-INCH STEEL

CASING VIA PIPE RAM METHOD PER SPECIFICATION
SECTIONS 15065 AND 02445 AND DETAIL 14 SHEET 19.

PROVIDE SETTLEMENT MONITORING PER DETAIL 16 SHEET
24 AND SPECIFICATION SECTION 02471.

2. CONSTRUCT NEW 8-INCH DR18 C900 PVC WATERLINE WITH
LOCATING WIRE AND WARNING TAPE. TRENCH AND PIPE
ZONE PER CMWD STD. DWG. NO. W-2. REPAIR AC PAVEMENT
PER CITY OF CARLSBAD STD DRAWING GS-26 (MODIFIED).

SEE DETAIL 13 SHEET 24.

27. INSTALL NEW MANUAL AIR RELEASE VALVE PER CMWD STD.

DWG. NO. W-10.

25. CONSTRUCT AIR VACUUM ASSEMBLY PER CMWD DWG W-11.

34. REFER TO SPECIFICATIONS FOR TEMPORARY SHUTDOWN
REQUIREMENTS DURING CONSTRUCTION.

33. EXISTING CURB MEDIAN AND SURFACE TO BE RESTORED
PER CITY STD DWG GS-18.

32. PROTECT RR MAST IN PLACE. AT GRADE CROSSING TO BE
MAINTAINED AT ALL TIME AS REQUIRED BY NCTD.

30. CONTRACTOR TO REPLACE ALL LOOP DETECTOR SYSTEM IN
KIND TO THE SATISFACTION OF THE ENGINEER.

28. INSTALL NEW 2-INCH BLOW OFF ASSEMBLY PER CMWD STD.

DWG. NO. W-10.

35. REFER TO NCTD GENERAL NOTES ON SHEET 2.

29. REMOVE EXISTING 8-INCH ACP WATERLINE PER
SPECIFICATIONS SECTIONS 02060 AND 02262.

38. APPROXIMATE LOCATION OF THE EXISTING SLURRY
BACKFILL. CONTRACTOR TO FIELD VERIFY. SAW CUT AND
REMOVE THE SLURRY IF REQUIRED. USE OF ROCK
BREAKING TOOLS IS NOT ALLOWED FOR SLURRY REMOVAL.

USE OF ANY VIBRATORY ROLLER TO COMPACT TRENCH
REFILL WITHIN 10 FEET OF THE CENTERLINE OF SDCWA
PIPELINE IS STRICTLY PROHIBITED.

GENERAL NOTES:

1. SEGMENT LENGTHS SHOWN INDICATE HORIZONTAL

DISTANCES BETWEEN BENDS AND MAY EXTEND ONTO
MULTIPLE PAGES.

2. RESTORE ALL PAVEMENT STRIPING TO ORIGINAL
CONDITIONS. SEE SIGNING AND STRIPING NOTES ON SHEET
G-02.

3. CONTRACTOR MAY USE RESTRAINED JOINTS PER DETAIL
11/C-20 IN LIEU OF THRUST BLOCKS.

4. RESTORE ALL DISTURBED SURFACE IMPROVEMENTS

WITHIN THE RIGHT-OF-WAY TO EXISTING CONDITIONS PER

THE SAN DIEGO REGIONAL STANDARD DRAWINGS AND THE
CITY OF CARLSBAD ENGINEERING STANDARDS.

5. RESTORE ALL DISTURBED SURFACE IMPROVEMENTS ON
PRIVATE PROPERTY TO EXISTING CONDITIONS.

6. MAINTAIN DRIVEWAY ACCESS AND KEEP STREETS OPEN AT
ALL TIMES DURING CONSTRUCTION. PROVIDE FLAGGERS

FOR VEHICLE ACCESS AS NEEDED, AND IN ACCORDANCE

WITH APPROVED RIGHT OF WAY PERMIT AND TRAFFIC
CONTROL PLANS.

7. THE LOCATIONS OF THE SEWER LATERALS CALLED OUT ON
THESE PLANS ARE APPROXIMATE ONLY. CONTRACTOR

SHALL VERIFY LOCATIONS IN THE FIELD FOR THE PURPOSE

OF COMPLETING THE NECESSARY WORK INCLUDED IN THIS
PROJECT. RECONNECT ALL SEWER LATERALS AND INSTALL
TOP HATS.

KEY NOTES (CONT'D):
#
# KEY NOTES (CONT'D):

36. CONTRACTOR SHALL RESTRIPE WHITE TRAFFIC

STRIPES/ARROWS/CROSSWALKS IN KIND TO THE
SATISFACTION OF THE ENGINEER.

41. PROTECT IN PLACE EUG. MAINTAIN 12-INCHES MINIMUM
VERTICAL SEPARATION FROM PROPOSED WATER PIPE.

43. PROTECT IN PLACE GAS SVC. MAINTAIN 18-INCHES MINIMUM

VERTICAL SEPARATION FROM PROPOSED WATER PIPE FOR
GAS SVC 3-INCHES AND LARGER.

37. CONTRACTOR SHALL RESTRIPE YELLOW/DOUBLE YELLOW
IN KIND TO THE SATISFACTION OF THE ENGINEER.

PLAN

PROFILE

AVENIDA

ENCINAS
100' NCTD
ROW

FUTURE ROADWAY

IMPROVEMENTS BY OTHERS
ABANDONED 30" STEEL
CASING PER DWG 508-6

JACKING PIT
16 RECEIVING PIT
23 EXISTING 20" STEEL CASING
PER RECORD DWG 159-10A
16 16
SCALE: 1" = 20'
HORIZ SCALE: 1" = 20'
VERT SCALE: 1" = 4'

FUTURE CURB FACE

BY OTHERS

EXISTING CURB FACE
PROTECT EXISTING 12" PVC PIPE
22 1
12'
12'
12'
36'

6.21'
2 29
L16

EXISTING CURB FACE

REMOVE EXIST
VALVE

SDCWA PIPELINE

CROSSING
1 PROTECT IN PLACE

EXIST WATER SERVICE

EX D/W

EXIST METER BOXES IN THIS AREA SHALL

BE REMOVED AND DISPOSED OF
EXIST 10" W (ABANDONED)

COASTAL JURISDICTION

CITY JURISDICTION
34 HIGH PRESSURE GAS.

REFER TO SO CAL

GAS REQUIREMENTS
32 32
32 33
30 35
38 REMOVE AND RECONNECT WITH NEW SERVICE, SEE
DETAIL 15 SHEET 24 FOR CONNECTION DETAILS
36 36
36 37
36 36
36 EXISTING HIGH PRESSURE

GAS LINE TO REMAIN IN
PLACE. ANY WORK IN GAS

EASEMENT SHALL BE PER SDG&E

NOTES IN GENERAL NOTES

NCTD CONDUIT

NCTD CONDUIT
43 41
41 41
GD
JM
AF
13 CIVIL

CANNON RD WATERLINE
STA 60+20 TO STA 65+40
24 KEY MAP

MANZANO DR
AVENI
DA

ENCINAS

CANNON RD
CARL

SBAD BLVD

KEY MAP
NORTH
(HORIZ)
(VERT)
Digitally signed by Andrew J. Frost
Contact Info: Carollo Engineers, Inc.

Date: 2024.01.08 13:32:37-08'00'
Feb. 13, 2024
Item #4 Page 26 of 31
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,__ ___________________________ __,,__ _ __, __ _, I SHEET I CITY OF CARLSBAD

UTILITIES DEPARTMENT
--7 (/)
I SHEETS I ~
IMPR0VEMENT PLAN FOR:
_J
<(
-~ l-fESS10 1--
.\N J_~,i.,-1<' <': CARLSBAD BLVD WATER AND SEWER IMPR0VEMENTS AT TERRAMAR ~ <:>'. 1'o +. // '2 /~ <P % ~ ACCEPTED BY:OAVE PADILLA CC
l
i ('.> /'( -I "'j ::,
1 1 ~ 1vf ~~/.: DISTRICT ENGINEER DATE ~
¼ V DATE INITIAL DATE INITIAL DATE INITIAL DWN BY: PROJECT NO. DRAWING NO. <( , 1 ~ I~~~ ENGINEER OF WORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL ~~~g ~~· C/P 5048 AND 5503 540-1 ;'.;:

PROJECT NO. 200852-100000 FILENAME: 20085210C10.dwg
231.36-1223-PL-CSBD
15 EXHIBIT B – INSURANCE REQUIREMENTS

Wi
thout limiting Licensee’s indemnification of NCTD as provided herein, Licensee shall provide and maintain at its own expense during the term of this License the below listed and described policies of insurance covering its operations hereunder. Evidence of such insurance satisfactory to NCTD along with required endorsements will be delivered to NCTD concurrent with execution of this License. Such evidence shall include certificate of insurance (Acord Form 25-S or equivalent). All evidence of insurance shall be issued by a properly authorized officer, agent or qualified representative of the insurer and shall certify the names of the insured, any additional primary insureds, where appropriate, the type and amount of the insurance coverage, the location and operations to which the insurance applies and the expiration date.

1. Commercial and General Liability: Licensee shall provide and maintain the following commercial and general liability insurance:

A. Coverage for commercial general liability insurance shall be at least as broad as the Insurance Services Office Commercial General Liability (occurrence form CG 0001) coverage.

B. Licensee shall maintain limits of no less than _______________ per occurrence and ________________ aggregate limits for bodily injury, personal injury and property damage, including injury or damage. The general liability policies are to be endorsed to contain the following provisions:
a. NCTD, its Board of Directors, officers, employees, consultants, contractors, and agents are to be covered as additional insureds as respects liability arising out of the Property/Right- of-Way licensed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded to NCTD, its directors, officers, employees, consultants, contractors, and agents.
b. For any claims related to this License, Licensee’s insurance shall be primary insurance as respects to NCTD, its Board of Directors, officers, employees, consultants, contractors, and agents. Any insurance, pooled coverage or self-insurance maintained by NCTD, its directors, officers, employees, consultants, contractors, and agents shall not be contributory.
c. Licensee’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. d. The liability insurance shall indemnify the Licensee and its contractors against loss from liability imposed by law upon or assumed under contract by the Licensee or its contractors for damages on account of such bodily injury (including death), property damage, personal injury and completed operations and products liability. e. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to NCTD, its Board of Directors, officers, employees, consultants, contractors, and agents.
f. The insurance shall be provided on a policy form written by underwriters through an agency satisfactory to NCTD, which includes a cross-suit clause, and covers bodily injury and Feb. 13, 2024
Item #4 Page 27 of 31
231.36-1223-PL-CSBD
16 property damage liability, owned and non-owned vehicles and equipment, blanket co
ntractual liability and completed operations liability.

2. Railroad Protective Liability:

A. The Licensee shall obtain a railroad protective liability policy for work done within fifty (50) feet of railroad tracks or a commercial general liability policy with a CG 24 17 endorsement. The standard limits shall be __________________) per occurrence limit and ___________________ aggregate.

NCTD reserves the right to increase these limits, depending on the scope of work related to the License.

B. All work requiring railroad protective liability insurance shall name in the endorsement and schedules as additional insureds the following entities, including their directors, officers, agents and employees as their interests may appear:

a. North County Transit District (NCTD)
b. Burlington Northern Santa Fe Railway (BNSF)
c. National Railroad Passenger Corporation (AMTRAK)
d. Southern California Regional Rail Authority (SCRRA)

3. Automobile Liability: Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Automobile Liability Coverage (Form CA 0001). Limits shall be not less than _________________ for bodily injury and property damage each accident limit from automobiles owned, leased, hired or borrowed by Licensee. The insurance shall indemnify against loss from liability imposed by law for damages on account of bodily injury, property damage, and personal injury. The automobile liability policy shall cover all owned, non-owned, leased and hired automobiles.

4. Workers Compensation and Employer’s Liability: Licensee and its contractors and assigns shall cover or under the applicable statutory California State or Federal laws relating to workers’ compensation insurance, all of their employees working on or about the Property/Right-of-Way, and Licensee shall defend, protect and hold harmless NCTD, its Board of Directors, officers, employees, consultants, contractors, and agents from and against all claims, suits, and actions arising from any failure of the Licensee or any of Licensee’s contractors or assigns to maintain such insurance.

A. Licensee shall provide employer’s liability insurance in the amount of ________________ per occurrence for bodily injury and disease.

B. Licensee shall provide NCTD with a certificate of Workers’ Compensation and Employer’s liability insurance coverage.

C. Such insurance may include an insurer’s waiver of subrogation in favor of NCTD and will be in a form and with insurance companies reasonably satisfactory to NCTD.

5. Pollution Liability (for projects/use with environmental risks): The Licensee shall obtain a pollution liability policy with minimum standard limit of ________________ per occurrence/aggregate.

NCTD reserves the right to increase this limit, depending on the scope of work related to the Licensee.

6. OPTIONAL (As required by Risk Dept.) Property Insurance: Licensee shall maintain property insurance covering the full replacement cost of Licensee's personal property, fixtures, equipment, Feb. 13, 2024
Item #4 Page 28 of 31
231.36-1223-PL-CSBD
17 and improvements against the hazards of fire, extended coverage/vandalism and malicious mischief, flo
od and other property-related losses. Deductible limits should be no more than_______________.

However, NCTD reserves the right to modify deductible limits.

7. All policies required shall be issued by insurance companies who are rated not less than "A VII" by the latest A. M. Best Company Key Rating Guide, who are authorized to transact business in California.

8. NCTD makes no representation that the limits or forms of coverage of insurance specified in this section are adequate to cover Licensee's property or obligations under this License. NCTD reserves the right to raise or lower limit requirements at the time of request, based upon the scope of work.

9. Prior to execution of this License, Licensee shall file with NCTD a certificate of insurance signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to include required provisions as set forth herein. Licensee shall upon the reasonable demand of NCTD, deliver to NCTD such policy or policies of insurance. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or cancelled, except after thirty (30) days prior notice by U.S. mail has been given to NCTD.

10. If any insurance coverage is canceled or reduced, Licensee shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with NCTD a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies, and said policy shall be submitted for approval as herein provided. At least fifteen (15) days prior to the expiration of any such policy, a certificate, showing that the insurance coverage has been renewed or extended, shall be filed with NCTD.

11. Every contractor or subcontractor of Licensee entering upon, using or performing any work upon the Right-of-Way/Property by or on behalf of Licensee shall provide evidence of insurance required herein prior to entering upon the Right-of-Way/Property.

12. NCTD reserves the right to increase the limits for the insurance required herein to amounts recommended by NCTD’s insurance risk manager or insurance representative.

13. Notwithstanding any other provision of this License, Licensee may self-insure for any risk set forth in this section in the manner and to the extent that Licensee self-insures for similar risks with respect to its operations, equipment and property. The manner in which such self-insured is provided and the extent of such self-insurance shall be set forth in a letter of self-insurance, delivered to NCTD and signed by an authorized representative of Licensee, which fully describes the self-insurance program and how the program covers the risks set forth herein. Insurance provided by a joint powers authority or insurance pool shall be considered self-insurance for the purpose of this paragraph. If, at any time during the term of this License, Licensee elects not to self-insure, Licensee shall comply with all applicable provisions herein to the extent Licensee does not so self-insure. NCTD reserves the right to request Licensee financial statements for review prior to accepting self-insurance limits.

Feb. 13, 2024
Item #4 Page 29 of 31

LOCATION MAP
Sunny Creek Rd

PROJECT
5048

EXHIBIT
6 NUMBER

PROJECT NAME

CARLSBAD BOULEVARD WATER &
SEWER LINE IMPROVEMENTS AT TERRAMAR 5503-20

VICINITY MAP

AVECOSTA
LA
BLVD

CARLSBAD
RD
ALGA

PALOMAR AIRPORT
RD
EL
CAMINO
REAL
RANCHO

SANTA FE
RD

POINSETTIA
LANE

ALICANTE
RD
EL
FUERTE
OLIVENHAIN RD.

MELROSE
DR.

FARADAY

COLLEGE
BLVD
PASEO
DEL
NORTE
AVE

AVENIDA

ENCINAS

CANNON RD
MONROE
ST

CARLSBAD

VILLAGE DR
MARRON

TAMARACK
AVE
RD
LAKE

CALAVERA
LAGOON

AGUA HEDIONDA
LAGOON

BATIQUITOS LAGOON
AVIARA
PKWY

POINSETTIA
LANE

PROJECT
SITE

PROJECT LIMITS
(APPROX.)

PROJECT LIMITS
(APPROX.)
Exhibit 4
Feb. 13, 2024
Item #4 Page 30 of 31

NOT TO SCALE
S.O.G. & [. Co.

ENG/NAS
PLANT
!

NOT TO SCALE
(
\
\
Exhibit 5
Plans, specifications and contract documents
(on file in the Office of the City Clerk)
Feb. 13, 2024
Item #4 Page 31 of 31
Revised 6/12/18 Contract No. 5048/5503 Page 1 of 156

CARLSBAD MUNICIPAL

WATER DISTRICT
San Diego County
California

CONTRACT DOCUMENTS,

GENERAL PROVISIONS, SUPPLEMENTAL

PROVISIONS, AND TECHNICAL SPECIFICATIONS
FOR

CARLSBAD BLVD WATER AND SEWER

IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503
BID NO. PWS24-2372UTIL
Signed: 2/1/2024
Revised 6/12/18 Contract No. 5048/5503 Page 2 of 156

TABLE OF CONTENTS
Item Page

Notice Inviting Bids ................................ ................................ ................................ ..................... 7

Contractor's Proposal ................................ ................................ ................................ ................ 14

Bid Security Form ................................ ................................ ................................ ..................... 21

Bidder’s Bond to Accompany Proposal ................................ ................................ ..................... 22

Guide for Completing the “Designation of Subcontractors” Form ................................ .............. 23

Designation of Subcontractor and Amount of Subcontractor’s Bid Items ................................ .. 25

Bidder's Statement of Technical Ability and Experience ................................ ............................ 26

Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ................................ ................................ ........................ 27

Bidder’s Statement Re Debarment ................................ ................................ ............................ 28

Bidder's Disclosure of Discipline Record …………………………………………… ...................... 29

Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................. 31

Contract Public Works ................................ ................................ ................................ ............... 32

Labor and Materials Bond ................................ ................................ ................................ ......... 39

Faithful Performance/Warranty Bond ................................ ................................ ........................ 41

Optional Escrow Agreement for Surety Deposits in Lieu of Retention ................................ ....... 43

Revised 6/12/18 Contract No. 5048/5503 Page 3 of 156

GENERAL PROVISIONS

Section 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms ................................ .......................... ................................ ..................... 46 1-2 Definitions ................................ .................... ................................ ..................... 46 1-3 Abbreviations ................................ ............... ................................ ..................... 52 1-4 Units of Measure ................................ .......... ................................ ..................... 53 1-5 Symbols ................................ ....................... ................................ ..................... 56

Section 2 Scope and Control of The Work
2-1 Award and Execution of Contract ................. ................................ ..................... 57 2-2 Assignment ................................ .................. ................................ ..................... 57 2-3 Subcontracts ................................ ................ ................................ ..................... 57 2-4 Contract Bonds ................................ ............ ................................ ..................... 58 2-5 Plans and Specifications .............................. ................................ ..................... 59 2-6 Work to be Done ................................ .......... ................................ ..................... 64 2-7 Subsurface Data ................................ .......... ................................ ..................... 64 2-8 Right-of-Way ................................ ................ ................................ ..................... 64 2-9 Surveying ................................ ..................... ................................ ..................... 65 2-10 Authority of Board and Engineer .................. ................................ ..................... 66 2-11 Inspection ................................ .................... ................................ ..................... 67

Section 3 Changes in Work
3-1 Changes Requested by the Contractor ........ ................................ ..................... 68 3-2 Changes Initiated by the Agency .................. ................................ ..................... 68 3-3 Extra Work ................................ ................... ................................ ..................... 69 3-4 Changed Conditions ................................ .... ................................ ..................... 72 3-5 Disputed Work ................................ ............. ................................ ..................... 73

Section 4 Control of Materials
4-1 Materials and Workmanship ......................... ................................ ..................... 79 4-2 Materials Transportation, Handling and Storage ................................ ................ 83

Section 5 Utilities
5-1 Location ................................ ....................... ................................ ..................... 84 5-2 Protection ................................ .................... ................................ ..................... 84 5-3 Removal ................................ ...................... ................................ ..................... 85 5-4 Relocation ................................ .................... ................................ ..................... 85 5-5 Delays ................................ .......................... ................................ ..................... 86 5-6 Cooperation ................................ ................. ................................ ..................... 86

Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ................................ ........ 87 6-2 Prosecution of Work ................................ ..... ................................ ..................... 89 6-3 Suspension of Work ................................ ..... ................................ ..................... 95 6-4 Default by Contractor ................................ ... ................................ ..................... 95 6-5 Termination of Contract................................ ................................ ..................... 96 6-6 Delays and Extensions of Time .................... ................................ ..................... 96 6-7 Time of Completion ................................ ...... ................................ ..................... 97 6-8 Completion, Acceptance, and Warranty ....... ................................ ..................... 98 6-9 Liquidated Damages ................................ .... ................................ ................... 100 Revised 6/12/18 Contract No. 5048/5503 Page 4 of 156
6-10 Use of Improvement During Construction .... ................................ ................... 100

Section 7 Responsibilities of the Contractor
7-1 Contractor’s Equipment and Facilities .......... ................................ ................... 101 7-2 Labor ................................ ........................... ................................ ................... 101 7-3 Liability Insurance ................................ ........ ................................ ................... 101 7-4 Workers' Compensation Insurance .............. ................................ ................... 101 7-5 Permits ................................ ........................ ................................ ................... 102 7-6 The Contractor’s Representative .................. ................................ ................... 104 7-7 Cooperation and Collateral Work ................. ................................ ................... 104 7-8 Project Site Maintenance ............................. ................................ ................... 105 7-9 Protection and Restoration of Existing Improvements ................................ ...... 107 7-10 Public Convenience and Safety ................... ................................ ................... 108 7-11 Patent Fees or Royalties .............................. ................................ ................... 116 7-12 Advertising ................................ ................... ................................ ................... 116 7-13 Laws to be Observed ................................ ... ................................ ................... 116 7-14 Antitrust Claims ................................ ............ ................................ ................... 116

Section 8 Facilities for Agency Personnel
8-1 General ................................ ........................ ................................ ................... 117 8-2 Field Office Facilities ................................ .... ................................ ................... 117 8-3 Field Laboratories ................................ ........ ................................ ................... 119 8-4 Bathhouse Facilities ................................ ..... ................................ ................... 119 8-5 Removal of Facilities ................................ .... ................................ ................... 119 8-6 Basis of Payment ................................ ......... ................................ ................... 119

Section 9 Measurement and Payment
9-1 Measurement of Quantities for Unit Price Work ................................ ............... 121 9-2 Lump Sum Work ................................ .......... ................................ ................... 121 9-3 Payment ................................ ...................... ................................ ................... 121 9-4 Bid Items ................................ ...................... ................................ ................... 125

SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC

Part 2 Construction Materials

Section 200 Rock Materials
200-2 Untreated Base Materials ............................. ................................ ................... 134

Section 201 Concrete, Mortar and Related Materials
201-1 Portland Cement Concrete .......................... ................................ ................... 135 201-3 Expansion Joint Filler and Joint Sealants ..... ................................ ................... 136

Section 203 Bituminous Materials
203-6 Asphalt Concrete ................................ ......... ................................ ................... 137

Section 213 Engineering Fabrics
213-5 Geotextiles and Geogrids ............................. ................................ ................... 138

Section 214 Pavement Markers
214-4 Paint for Striping and Markings .................... ................................ ................... 138 214-6 Pavement Markers ................................ ....... ................................ ................... 139

Revised 6/12/18 Contract No. 5048/5503 Page 5 of 156
Part 3 Construction Methods

Section 300 Earthwork
300-2 Unclassified Excavation ................................ ................................ ................... 141 300-12 Rock Slope Protection Fabric ................................ ................................ ........... 141

Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ................................ ................................ ...................... 144

Section 302 Roadway Surfacing
302-5 Asphalt Concrete Pavement ................................ ................................ ............ 144 302-15 Public Convenience and Traffic Control ................................ ........................... 145

Section 303 Concrete and Masonry Construction.
303-1 Concrete Structures ................................ ................................ ......................... 146 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ................................ ................................ ....... 146

Section 306 Underground Conduit Construction
306-3 Open Trench Operations ................................ ................................ .................. 147 306-12 Backfill ................................ ................................ ................................ ............. 148 306-13 Trench Resurfacing ................................ ................................ .......................... 148

Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-4 Application of Traffic Striping and Curb and Pavement Markings ..................... 149 314-5 Measurement and Payment ................................ ................................ ............. 150

Part 4 Existing Improvements

Section 400 Protection and Restoration
400-1 General ................................ ................................ ................................ ............ 151 400-2 Permanent Survey Markers ................................ ................................ ............. 151 400-3 Payment ................................ ................................ ................................ .......... 151

Section 401 Removal
401-3 Concrete and Masonry Improvements ................................ ............................. 151

Part 6 Temporary Traffic Control

Section 601 Temporary Traffic Control for Construction and Maintenance Work Zones 601-1 General ................................ ................................ ................................ ............ 152 601-3 Temporary Traffic Control (TTC) Zone Devices ................................ ............... 152 601-4 Temporary Traffic Striping and Pavement Markings ................................ ......... 156

TECHNICAL SPECIFICATIONS

02445 Pipe Ramming
02471 Geotechnical Instrumentation and Monitoring
02603 Manhole Inserts – Structural Polymer
02957 CIPP Lining
Revised 6/12/18 Contract No. 5048/5503 Page 6 of 156
02959 Machine Spiral Wound PVC Lining
02960 Temporary Sewer Bypass Pumping

Documents Incorporated by Reference:

City of Carlsbad Engineering Standards, Volume 3, Standard Drawings and Specifications:
https://www.carlsbadca.gov/home/showpublisheddocument/334/637980518271200000

City of Carlsbad Engineering Standards, Volume 2, Potable and Recycled Water Standards and Approved Materials List:
https://www.carlsbadca.gov/home/showpublisheddocument/332/637980517690370000

APPENDICES

Appendix A SWPPP Template
Appendix B Utility Shutdown/Connection Request - E-28
Appendix C Geotechnical Investigation Report
Appendix D Record Drawings
Appendix E CARB Fleet Compliance Certification
Appendix F Environmental Reference Documents

Revised 6/12/18 Contract No. 5048/5503 Page 7 of 156

CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA

NOTICE INVITING BIDS

Until 11 a.m. on April 3, 202 4, the C arlsbad Muni cipal Water Dis trict shall accept bids via electronic f ormat via the City of Car lsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/departments/finance/contracting-purchasing, for performing the work as foll ows: abandon approximately 5,790 lineal feet of 6 -inch diameter asbestos cement pipe (ACP) potable water main, 400 lineal feet of 8 -inch diameter ACP water main, and 350 lineal feet of 12 -inch ACP water main and construct approximately 4,610 lineal feet of 12 -inch PVC pi pe water mai n (to include 105 lineal feet of construction via trenchless installation), 380 lineal feet of 8 -inch PVC pipe water main, and 235 lineal feet of 6 -inch PVC pipe water main. Sewer related work includes the removal of approximately 635 lineal feet of 6- inch vitrified clay pipe ( VCP) sewer main and replacement with 8-inch SDR-35 PVC pipe and the installation of approximately 925 lineal feet of 10-inch CIPP liner and seven 45-inch Polymer Concrete Manhole inserts . I ncidental work includ es, but is not limited to, surveying and construction staking, traffic c ontrol, utility potholing, storm water and non-storm water poll ution prevention, excavation support systems, pipeline hydrostatic pressure testing and disinfection , site restoration and coordination with City of Carlsbad, Carlsbad Municipal Water District , North County Transportation District, San Diego Gas and Electric, Southern California Gas, San Diego County Water Authority, and other entities in the project area.

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503
PWS24-2372UTIL

ELECTRONIC FORMAT RECEIPT A ND OPENING OF BIDS: Bids will be received in electronic format (e Bids) EXCLUSIVELY at the City of Carl sbad’s e lectronic bidd ing (eBidding) site, at: Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) and are due by the date and time shown on the cover of this solicitation.

BIDDERS MUST BE PR E-REGISTERED with the Cit y’s b idding 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, t he City ’s bi dding system will keep a histor y of e very login instance including the time of lo gin, 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 elec tronic b idding syste m is res ponsible for b id ta bulations. Upon t he bidde r’s o r proposer’s entry of th eir bid, th e system will ensur e that all r equired fields are entered. The system will n ot accept a bid for which any requir ed information is missing. This includes all necessary prici ng, su bcontractor l isting(s) and any other e ssential 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 1 28-256-bit secur ity certificates is sued fro m Ver isign/Thawte which Revised 6/12/18 Contract No. 5048/5503 Page 8 of 156
encrypts data being transferred from client to server. Bids s ubmitted prior to the Due Date and Time are not available for review by anyone other than the sub mitter, 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 dea dline is reached, no furthe r submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general publ ic, and City staff are able to immediately se e the results online. City staff may then begin reviewing the sub missions for responsiveness, compliance and other issues.

RECAPITULATION OF THE WORK
Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for.

BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time.

Important Note: Submission of the electr onic bid i nto the system may not be instantan eous.

Due to the speed and capabilities of the u ser’s internet ser vice provider (ISP), bandwi dth, computer hardware and other v ariables, it may tak e time for the bidder’s submission to upload and be r eceived by the City’s eBidding system. It is the bidder’ s sole responsibility to ensure their bids are r eceived on time by the City’s eB idding system . The C ity of Carl sbad 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 unde r p enalty of perjury under the la ws of the St ate of Californ ia, that the certific ation, fo rms and affidavits submitted as par t of this proposal are true an d correct. The bidder, by submitting its electronic bid, acknowledges that doi ng s o ca rries the same force and ful l legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that th e bidder ha s tho roughly examined and understa nds the entire Co ntract Documents (which consist of the plans and s pecifications, drawings, fo rms, a ffidavits an d the solicitat ion documents), and t hat by su bmitting the eBid as i ts bid propos al, the b idder ackn owledges, agrees t o and is bound by the entir e 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 B idder to clearly identify any confidenti al, proprietary, tr ade secret or otherwise legally privileged information contained within the propo sal’s General references to sections of the California Public R ecords Act (PRA) w ill not suffice. If the Bid der does not provide applicable case law tha t cl early establishes that the requested information is exempt from the disclosure requirements of the P RA, the City shall be free to r elease the in formation when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information.

INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
There are multiple bid schedules for the Work of this Con tract and the Bidder shall complet e all Bid Schedules for the bid to be deemed resp onsive. The Agency shall determine the low Bid as described in the Contractor’s Proposal form.

Revised 6/12/18 Contract No. 5048/5503 Page 9 of 156

This bid and the ter ms of the Contract Documents and Ge neral Provisions constitute a n irrevocable o ffer that shall remain valid and in full f orce f or a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder.

No bid w ill be rec eived unless it is made on a pr oposal fo rm furnis hed by the Purch asing Department. Each bid must be accompanied by security in a form and amount required by law.

The bidder's secur ity of th e second and third n ext lowest responsive bidders may be wi thheld until the Contract has been fully execu ted. The se curity submitted by all other un successful bidders s hall be retu rned to them, or deemed void, within ten (10) days after the Contra ct is awarded. Pursuant to the p rovisions of law ( Public Contract Code section 10263), appropriate securities may be substituted for any obli gation required by this notice or fo r any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or secur ities to be deposited with the District or a s tate or federally chartered ba nk in California as the esc row ag ent. The esc row agent shal l 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 Ca rlsbad Municipal Water Distric t may disqualify a contractor or subcontractor from participating in bidding when a c ontractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in t he State of California as an i rresponsible bidder.

The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Co uncil of t he City of Carlsbad on f ile with t he City C lerk’s Office. The specifications for th e work inc lude City of Carlsbad Engineering Standards and the Standard Specifications for Public Works Con struction, Parts 2 through 8 , hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply.

The Carlsbad Mun icipal Wa ter District encourages the part icipation o f min ority and women - owned businesses.

The Carlsbad Municipal Water District enco urages all bidders, suppliers, m anufacturers, fabricators and co ntractors to ut ilize recycled and re cyclable materials when availa ble, appropriate and approved by the Engineer.

BID DOCUMENTS
The bid documen ts comprise the following documents which must be completed and properly executed including notarization, where indicated.

1. Contractor's Proposal

2. Bidder's B ond ( at t ime of Bi d submit PDF copy via PlanetBids / A ll Bidders). Bid Bond (Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders.

3. Noncollusion Declaration

4. Designation of Subcontractor and Amount of Subcontractor’s Bid

5. Bidder's Statement of Technical Ability and Experience

6. Acknowledgement of Addenda

7. Certificate of Insurance. The riders coverin g th e City, its off icials, employees and Revised 6/12/18 Contract No. 5048/5503 Page 10 of 156
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. CARB Fleet Compliance Certification (Appendix E)

11. Escrow Agreement for Securi ty Deposits - (optional, mu st 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, bidd ers must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security.

Failure to submit the electronic version of the bid security at time of b id 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 wi thin tw o (2) business days may deem the bidder non- responsive.

ENGINEER’S ESTIMATE
All bids will be compared on the basis of the Eng ineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $4,593,000.

TIME OF COMPLETION
The Contractor shall complete the Work wit hin th e time set in the contract as def ined in the General Provisions Section 6-7.

SPECIALTY CONTRACTORS:

ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the District 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 District. In all cont racts where federal funds are involved, no bid submitted shall be invalidate d by the failure o f the bidder to b e licensed in a ccordance wit h 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 cont ractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not use federal funds. The following classifications are acceptable for this contract:

A - General Engineering.

ESCROW AGREEMENT
If the Contractor intends to ut ilize the escrow agreement included in the contract documents in lieu of the u sual 5% retention from each payment, these documents must be compl eted and submitted with the si gned contract. The escrow agreement may not be substituted at a later date.

Revised 6/12/18 Contract No. 5048/5503 Page 11 of 156

OBTAINING PLANS AND SPECIFICATIONS
Sets of plans, various supplemental provisions, and Contract documents may be obtained from the C ity of Carlsbad w ebsite at https://www.carlsbadca.gov/departments/finance/contracting- purchasing. 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 documen ts, or finds disc repancies in or omissions fro m the drawings a nd specifications may s ubmit to the En gineer a written r equest for cl arification o r correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which w ill be mailed or delivered to each person rece iving a set of t he contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no add ition t o, modificati on o f or interp retation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified.

BIDDER’S INQUIRIES
Questions on the bid docume nts during t he bid period shall be submit ted in writing, via the eBidding website.

Questions shall be definite and cert ain and shal l reference applicable drawing sheets, n otes, details or specification sheets.

The deadline to submit questions is March 20, 2024, at 5 p.m. No questions will be entertained after that date.

The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than March 27, 2024.

REJECTION OF BIDS
The Carlsbad Municipal Water District reserves the right to r eject any or all b ids and to waive any minor irregularity or informality in such bids.

PREVAILING WAGE TO BE PAID
The general prevailing rate of wages f or each cr aft or type o f worker neede d t o execute the Contract shall be those as dete rmined by the Dire ctor of In dustrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to sec tion 1773.2 of t he Labor Code, a current copy of applicable wage rates is on fi le 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 b e r esponsible for i nsuring com pliance with provi sions of section 1777.5 of t he Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Su bcontracting F air Practices Ac t." The City En gineer is t he District’s "duly authorized officer" for the purposes of section 4107 and 4107.5.

The provisions of Part 7, Chapter 1, of the La bor Code comme ncing with sectio n 1720 shall apply to the Contract for work.

Revised 6/12/18 Contract No. 5048/5503 Page 12 of 156
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 subj ect 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 gener ally r equires keeping ac curate payr oll re cords, verifying and certifying pa yroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.

CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS

REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater t han 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Appendix E and visit the CARB Advanc ed Clea n Fleets webpa ge at https://ww2.arb.ca.gov/our- work/programs/advanced-clean-fleets.

PRE BID MEETING
A non-mandatory pre-bid meeting will be held on March 13, 2024, at 10 a.m. at the Carlsbad Municipal Water District located at 5950 El Camino Real, Carlsbad, California 92008.

UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder.

ADDENDA
Bidders are advised to verify the i ssuance of all addenda an d receipt thereof on e day prior to bid ding. Submission of bids with out acknowledgment of addenda ma y be ca use of rejection of bid.

BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work i n an amount equal to one hu ndred perce nt (100%) of th e Contract pri ce on this project. The Contractor shal l p rovide bonds t o se cure pay ment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of th e 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 ful l force and effect a nd be retained by th e District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to o r in excess of the am ount 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 cop y of the certificate o f aut hority of t he insur er issue d by the insu rance commissioner.

If the bid is acce pted, the District may requir e copie s of the insurer's most recent annu al statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 Revised 6/12/18 Contract No. 5048/5503 Page 13 of 156
February 14, 2024
(commencing with s ection 9 00) of Chapter 1 of P art 2 of Division 1 of the Insur ance Co de, 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 tra nsact t he business of insurance in t he Stat e 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 c ompany meeting the above standards with the e xception that the Best's rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.

The Contr actor s hall be required to m aintain insurance as specified i n the C ontract. A ny additional cost of said insurance shall be included in the bid price.

The award of the contract by the District is conti ngent upon the Co ntractor sub mitting th e 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.

BUSINESS LICENSE
The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.

Approved b y the Board of Di rectors of th e Carlsbad Mun icipal Wate r District, Cal ifornia, by Resolution No. xxxx, adopted on the 13th day of February 2024.

Date Graham Jordan, Deputy Clerk
Revised 6/12/18 Contract No. 5048/5503 Page 14 of 156

CARLSBAD MUNICIPAL WATER DISTRICT

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT

TERRAMAR
CONTRACT NO. 5048/5503

CONTRACTOR'S PROPOSAL

Board of Directors
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, California 92008

The u ndersigned dec lares h e/she h as car efully exami ned the location of the work, r ead th e Notice In viting Bids, examined the Plans, Specifications, General Provisions, Contr act Documents, and addenda t hereto, and her eby proposes to fu rnish al l lab or, materials, equipment, transportation, and se rvices required to do all th e work t o complete Co ntract No. 5048/5503 in acc ordance with the Plans, Sp ecifications, General Provisions, C ontract Documents, and addenda thereto and that he /she will t ake in full payment therefore the following unit prices for e ach i tem co mplete, to wit (refer to Section 9-4 f or bid item descriptions):

SCHEDULE “A” – General
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
A-1 Mobilization and Preparatory Work (limited to
5% of the Total Bid Price for all Schedules)
LS 1

A-2 Temporary Traffic Control LS 1

A-3 Excavation Support System LS 1

A-4 Stormwater Pollution Prevention Plan LS 1

A-5 Utility Potholing and Locating LS 1

A-6 Surveying LS 1
A-7 Preconstruction Video and Photographs AL 1 $2,000
A-8 Replace Pavement Striping, Markings and
Markers
LS 1
A-9 Replace Survey Monument LS 1

A-10 Dewatering LS 1
A-11 Over-excavation and Backfill CY 150
A-12 AC Paving LS 1
Revised 6/12/18 Contract No. 5048/5503 Page 15 of 156
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
A-13 Aggregate Base LS 1
A-14 Slurry Seal LS 1
A-15 Demolish PCC Paving in Carlsbad Blvd.
for 12-Inch Water Main
LF 3,000
A-16 Demolish PCC Paving in Carlsbad Blvd.
for 8-Inch or Smaller Water Main
LF 150
A-17 Demolish PCC Paving in Carlsbad Blvd.
for 2-Inch or Smaller Water Service
LF 750
A-18 Construct Portland Cement Concrete
Improvements
LS 1

Total amount of bid (in figures) for Schedule “A”: $

Total amount of bid (in words) for Schedule “A”:

SCHEDULE “B” – Water Improvements
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
B-1 Furnish and Install Temporary Highline LS 1
B-2 Furnish and Install Trenchless 12-inch FPVC Water
Main in 24-inch Steel Casing, STA 61+94 to STA
62+99
LF 105
B-3 Furnish and Install Trenchless Launching Pit, STA
61+94
LS 1
B-4 Furnish and Install Trenchless Receiving Pit, STA
62+99
LS 1
B-5 Furnish and Install 12-inch FPVC Water Main in 24-
inch Steel Casing, STA 50+05to STA 50+60
LF 55
B-6 Furnish and Install 12-inch PVC Water Main LF 4,610 B-7 Furnish and Install 8-inch PVC Water Main LF 380
B-8 Furnish and Install 6-inch PVC Water Main LF 235
B-9 Furnish and Install 4-inch PVC Water Main LF 10
B-10 Furnish and install 12-inch Gate Valve EA 22
B-11 Furnish and install 8-inch Gate Valve EA 8
Revised 6/12/18 Contract No. 5048/5503 Page 16 of 156
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
B-12 Furnish and install 6-inch Gate Valve EA 6
B-13 Furnish and Install 2-Inch Combination Air &
Vacuum Valve Assembly
EA 3
B-14 Furnish and Install 2-inch Manual Air Release/Blow Off Assembly
EA 25
B-15 Furnish and Install Fire Hydrant Assembly EA 6
B-16 Furnish and Install 1-inch Water Service Assembly
and Reconnect Existing Service
EA 51
B-17 Furnish and Install 2-inch Water Service Assembly
and Reconnect Existing Service (APN 210-010-40)
EA 1
B-18 Furnish and Install 8-inch Water Service Assembly
and Reconnect Existing Service (STA 63+53)
EA 1
B-19 Site Restoration Allowance for Water Service EA 32 $3,000 B-20 Asbestos Cement Pipe Removal and Disposal LS 1
B-21 Asbestos Cement Pipe Testing LS 1
B-22 Abandon 12-inch Water Main LS 1
B-23 Abandon 8-inch Water Main LS 1
B-24 Abandon 6-inch Water Main LS 1
B-25 Water Main Connection EA 9

Total amount of bid (in figures) for Schedule “B”: $

Total amount of bid (in words) for Schedule “B”:

SCHEDULE “C” – Sewer Improvements
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
C-1 Furnish and Install Temporary Sewer Bypass LS 1
C-2 Furnish and Install Manhole Rehabilitation EA 7
C-3 Furnish and Install 8-inch PVC Sewer Main LF 635
C-4 Sewer Cleaning and CCTV Inspections LS 1
Revised 6/12/18 Contract No. 5048/5503 Page 17 of 156
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
C-5 Furnish and Install 10-inch CIPP Sewer Lining LF 925 C-6 Furnish and Install Sewer Lateral Connections EA 9
C-7 Furnish and Install Top Hat Sewer Lateral
Connections Post-Lining
EA 3
C-8 Remove and Dispose of 6-inch VCP sewer LF 635

Total amount of bid (in figures) for Schedule “C”: $

Total amount of bid (in words) for Schedule “C”:

Total amount of bid (in figures) for Schedules “A”, “B”, and “C”: $

Total amount of bid (in words) for Schedules “A”, “B”, and “C”:

SCHEDULE “D” – Alternate Bid Items
Item
No. Item Description Unit Quantity
Unit
Price
Total
Amount
D-1 Install 10-inch spiral wound PVC sewer liner LF 925

Carlsbad Municipal Water District shall determine the l ow bid b ased on the sum of Schedules “A”, “B” and “C”. After the low Bid has been de termined, CMWD m ay, at its so le discretion, award the Contrac t using t he bid price o f the Alternate Bid Item chosen by the District for inclusion in the Contract Award.

Price(s) given above are firm for 90 days after the date of bid opening.

Addendum(a) No(s). ___________________ has/have been received and is/are included in this proposal.

The U ndersigned has carefull y chec ked all of the above figures and understands t hat the District will no t be r esponsible for any error or omission on the part of the Undersi gned in preparing this bid.

The Unde rsigned agrees that in case of default in exe cuting the re quired Contract with necessary bonds and i nsurance pol icies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal W ater District, the District may Revised 6/12/18 Contract No. 5048/5503 Page 18 of 156
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 pe rjury, that th e undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires on _____________________________, and Dep artment o f Industrial Relations PWC registration number ______________________ which expires on _______________________, and that this statement is true and correct and has the legal effect of an affidavit.

A bid submitted to the District by a Con tractor who is not licensed as a contract or pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028.15(e). In all contract s where federal f unds a re 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 Board member, officer agent, or employee of the City of Carlsbad is personally interested, direct ly or in directly, in this Contr act, o r the compensa tion t o be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or e mployees has inducted him/her to enter into this Con tract, excepti ng 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 corpo ration making a bid for the same work, and is in all respects fair and without collusion or fraud.

Accompanying this proposa l is _ _____________________________ (Cash, Cer tified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid.

The Undersigned is aw are of th e provisions of section 3 700 of the Labor Code which requires every employer to be insured against liability for workers' c ompensation or to undertake self- insurance in accorda nce wi th the provisions of th at code and agrees to com ply with such provisions before commencing the perf ormance of the work of this Contract and cont inue t o comply until the contract is complete.

The U ndersigned is aware of the pr ovisions of the Labor C ode, P art 7, Chapter 1, Article 2, relative to the gene ral prevailing r ate of wa ges for each craft or type of worker nee ded to execute the Contract and agrees to comply with its provisions.

Revised 6/12/18 Contract No. 5048/5503 Page 19 of 156
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 ___________________________________________________________________

Revised 6/12/18 Contract No. 5048/5503 Page 20 of 156
IF A CORPORATION, SIGN HERE:

(1) Name under which business is conducted _______________________________________

__________________________________________________________________________

(2) _________________________________________________________________________ (Signature)

____________________________________________________________________________ (Title)

Impress Corporate Seal here

(3) Incorporated under the laws of the State of _______________________________________

(4) Place of Business ________________________________________________________ (Street and Number)
City and State _____________________________________________________________

(5) Zip Code _____________________ Telephone No. _______________________________

(6) E-Mail ___________________________________________________________________

NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE

ATTACHED

List below nam es of president, vi ce president, secretary and assistant sec retary, i f a corporation; if a partnership, list names of all general partners, and managing partners:

____________________________________ ___________________________________

____________________________________ ___________________________________ Revised 6/12/18 Contract No. 5048/5503 Page 21 of 156

BID SECURITY FORM
(Check to Accompany Bid)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

(NOTE: The following form shall be used if check accompanies bid.)

Accompanying this proposal is a *Certified *Cashier’s check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of _______________________________________ dollars ($________________), this amount being ten percent (10%) of th e total amount of the bid. The proceeds of this check shall become the property of the District provided this proposal shall be accepted by t he District through action of its legally constituted contracting authorities and the undersigned sha ll fai l to exe cute a contract a nd fu rnish the required P erformance, Warranty and Payment Bond s and p roof of insura nce coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of t he District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder.

_______________________________________

_______________________________________
BIDDER

_________________
*Delete the inapplicable word.

(NOTE: If the Bidder desires t o use a bond instead of check, the B id 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.)
Revised 6/12/18 Contract No. 5048/5503 Page 22 of 156

BIDDER'S BOND TO ACCOMPANY PROPOSAL

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

KNOW ALL PERSONS BY THESE PRESENTS:

That we, __ _____________________________________________________, as Principal, and _ ____________________________________, as Surety are held and f irmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) __________________________ for which payment, well and truly made, we bind ourselves, our heirs, executors a nd administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOI NG OBLIGATIO N IS SUCH that if th e proposal of th e above-bounden Principal for:

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

in the City of Carlsbad , is accepted by the Board of Dir ectors, and if t he 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall b e and remain in full fo rce and effect, and the amount specified herein shall be forfeited to the said District.

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 ____________ day of ___________________________, 20_____

________________________________(SEAL) _____________________________(SEAL) (Principal) (Surety)

By: __________________________________ By: ________________________________ (Signature) (Signature)

__________________________________ ________________________________ (Print Name/Title) (Print Name/Title)

(SEAL AND NOTARIAL AC KNOWLEDGEMENT OF SUR ETY – ATTACH A TTORNEY-IN-FACT

CERTIFICATE)

APPROVED AS TO FORM:

CINDIE K. McMAHON
General Counsel

By: __________________________________
Assistant General Counsel

Revised 6/12/18 Contract No. 5048/5503 Page 23 of 156

GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM

REFERENCES Prior to preparation of the fol lowing “Subcontractor Disclosure F orm” Bidders are urged to rev iew the definitions in s ection 1 -2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Con tractor”, “Co ntract Price”, “Contract Un it P rice”, “Engineer”, “Own O rganization”, “Subcontractor”, and “W ork”. Bidders are further urged t o 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 fai lure to provide complete and correct information may result in rejection of th e bid as non -responsive. An y bid that pr oposes performance of mor e than 5 0 percent of the work b y subcontractors or otherw ise t o be performed by forces other than the Bidder’s ow n organizat ion will be r ejected as n on- responsive. Specialty items of work tha t may be so de signated by t he Eng ineer o n the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder.

INSTRUCTIONS The Bidder s hall set forth the name a nd 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 Sta te of California whom the Bidder proposes to specially fabricate and install any portion of the work or i mprovement ac cording to detailed drawi ngs 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 highw ays, i ncluding bridges, in excess of one -half o f one percent (0.5%) or te n thousand dollars ($10 ,000) whichever is greater . Sai d name(s) a nd 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 r esult 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 Contra ctor or the Subcontractor as the cas e may be, that the Bidder proposes as inst aller of said materials. Th e value of ma terial incorporated in an y Subcontractor-installed bid item that is supplied by th e 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 at tach an e xplanation she et to the Designation of S ubcontractor form. The explanation sheet shall clearly a pprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.

Revised 6/12/18 Contract No. 5048/5503 Page 24 of 156
Determination of the sub contract amounts for purpo ses o f award of the contract s hall b e determined by the Board of Di rectors in co nformance wi th the p rovisions of the contract documents and the various supplemental p rovisions. The decision of the Board of D irectors shall be final.

Contractor is prohibite d 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 a dditional copies of the disclos ure forms as may be necess ary t o provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.

Revised 6/12/18 Contract No. 5048/5503 Page 25 of 156

DESIGNATION OF SUBCONTRACTOR AND

AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

The Bi dder certifies that it ha s used the s ub-bid of t he following li sted subco ntractors 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 th e specifications a nd se ction 4100 et seq. of the Publi c Contract Code, "Su bletting and Subcontracting Fair Practices Act." The Bidder further certifi es 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 bid s or offers for construction of streets and hig hways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.

SUBCONTRACTOR’S BID ITEMS
Portion of
Work
Subcontractor Name and
Location of Business
Phone No.
and Email
Address
DIR
Registration
No.

Subcontractor’s
License No. and
Classification*
Amount of
Work by
Subcontractor
in Dollars*

Page _____ of _____ pages of this Subcontractor Designation form

_________________

* Pursuant to secti on 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an as terisk 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. 5048/5503 Page 26 of 156

BIDDER'S STATEMENT OF

TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

The Bidder is required to state what work of a similar character to that included in the proposed Contract h e/she has successful ly performed and give re ferences, with telephone numbers, which will enable the City to judge his/her responsibility, experie nce and s kill. An attachment can be used.

The bidder shall demonstrate at least five ye ars of experience successfully completing potable water and sewer pipeline construction and shall demonstrate successful completion of at least three potable water and sewer projects with a value of $2,000,000 or greater and similar in scope to the Work of the proposed Contract. Bidder must also submit the qualifications of its Representatives in accordance with Section 7-6. The proposal shall be deemed non-responsive if the req uired technical ability and e xperience for the Bi dder or its r epresentative is not demonstrated.

Date Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person to
Contract
Type of Work Amount of
Contract

Revised 6/12/18 Contract No. 5048/5503 Page 27 of 156
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY,

AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

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 tha t the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue t o the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liabil ity in confor mance with the requi rements herein and Certif icates of insurance to the Agency showing conformance with the requirements herein.

All certificates of insurance and statements of willingnes s to issue in surance for auto policies offered to meet the specification of this contract must:

1) Meet the conditions stated in The Notice Inviting Bid s 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.

Revised 6/12/18 Contract No. 5048/5503 Page 28 of 156

BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

1) Have you or a ny of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?

______ ______
yes no

2) If yes, what was/were the name(s) of the agency(ies) and wha t was/were the per iod(s) of debarment(s)? Atta ch additional c opies of this page to accommod ate mo re than t wo debarments.

party debarred

agency

period of debarment

party debarred

agency

period of debarment

BY CONTRACTOR:

(name of Contractor)

By:
(sign here)

(print name/title)

Page _____ of _____ pages of this Re Debarment form

Revised 6/12/18 Contract No. 5048/5503 Page 29 of 156

BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to inves tigate co mplaints 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 d ate of the alleged v iolation. Any qu estions concern ing a contractor may be referred to the Regi strar, Co ntractors’ State Li cense Board, P.O. Box 26000, Sacramento, California 95826.

1) Have you ever had your contractor’s license s uspended or r evoked by the C alifornia Contractors’ State License Board two or more times within an eight year period?

______ ______
yes no

2) Has the suspension or revocation of your contractor’s license ever been stayed?

______ ______
yes no

3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license s uspended or revok ed by the California Contrac tors’ St ate License Board two or more times within an eight year period?

______ ______
yes no

4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?
______ ______
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 an d violation that the disciplinary ac tion pertains to, de scribe the nature of the violation and the disciplinary action taken therefore.

(If needed attach additional sheets to provide full disclosure.)

Page _____ of _____ pages of this Disclosure of Discipline form

Revised 6/12/18 Contract No. 5048/5503 Page 30 of 156

BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature o f the violatio n an d the condition (if any) up on which t he disciplinary action was stayed.

(If needed attach additional sheets to provide full disclosure.)

BY CONTRACTOR:

(name of Contractor)

By:
(sign here)

(print name/title)

Page _____ of _____ pages of this Disclosure of Discipline form

Revised 6/12/18 Contract No. 5048/5503 Page 31 of 156

NONCOLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

The undersigned declares:

I am the ____________ of ______________, the party making the foregoing bid.

The bid is not made in the interest of , o r on behalf of, any und isclosed person, partnership, company, association, organization, or corporation. The bid is genu ine and not collu sive or sham. The bidder has not directly or indirectly induced or s olicited any o ther bidder to p ut in a false or s ham bid. The bidder has no t directly or i ndirectly colluded, conspired, con nived, or agreed with any bidder or anyone else to p ut i n a sham bid, or to refrain from bidding. The bidder h as not in any manner, directly or ind irectly, sought by agreement, communication, or conference w ith anyone to f ix 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 d ivulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a co rporation, partnership, joint venture, limited liability company, l imited liability partn ership, or any o ther en tity, hereb y represents that he or she has full power to ex ecute, a nd does e xecute, thi s 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 an d correct and tha t this declaration is executed on ___________________ ________, 20____ at _________ [city], ________ [state].

________________________________________________
Signature of Bidder

Revised 6/12/18 Contract No. 5048/5503 Page 32 of 156

CONTRACT

PUBLIC WORKS

This agreement is made this ____ ________ day of ____________________________, 2024, by and between the Carlsbad Mu nicipal Water Dis trict of th e City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and _______________________________ whose principal place of business is _______________________________________________ (hereinafter called "Contractor").

District and Contractor agree as follows:

1. Description of Wor k. Contractor sh all per form all work s pecified in the Con tract documents for:

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

(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, Bidd er's Bond, Noncollusion Declaration, D esignation of Subcontractors, Technical Ability and Exper ience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and S pecifications, the General Provisions, addendum(s) to sa id Plans a nd Speci fications an d General Provisions, and all proper amendment s a nd 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, bu t whi ch are essential to the co mpletion of the w ork, shall be prov ided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be th e interpre ter of the intent of the Contract Doc uments, and the District’s decision relative to said intent w ill be final and b inding. F ailure of t he Contractor to apprise subcontractors and materials suppliers of this condition of th e Contract will not relieve responsibility of compliance.

4. Payment. For all com pensation for Contractor's perf ormance of work un der this Contract, District shall make payment to the Cont ractor per s ection 9-3 PAYMENT of the General Provisions section of this contract. T he Eng ineer will close the estimate of wo rk completed for progress pa yments on the l ast working day of eac h month. The District shall withhold retention as required by Public Contract Code Section 9203.

5. Independent Investigation. Contractor has made a n 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 Contra ctor, whether anticipated or not, in or der to overcome underground

Revised 6/12/18 Contract No. 5048/5503 Page 33 of 156
conditions. Any i nformation t hat may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and h as not relied on informatio n f urnished by District.

6. Hazardous Waste o r Ot her Unusual Conditions. If the con tract involves digging trenches or othe r excavations that extend deeper than four feet below the surface Contractor shall pr omptly, and before th e following c onditions are dis turbed, n otify District, in writ ing, of any:

A. Hazardous Waste. Material that Contractor believes may be m aterial that is hazardous waste, as defined i n se ction 25117 of the Heal th and S afety Code , t hat 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 phy sical conditions at the site differing from those indicated.

C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, di fferent m aterially from those ordin arily encountered and generally recognized as inherent in work of the character provided for in the contract.

District 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 tim e required for, per formance of an y par t of the wor k shall issue a ch ange order under the procedures described in this contract.

In the e vent that a di spute ari ses between District and C ontractor whe ther the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or tim e r equired for, performance of any part of the w ork, contractor s hall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all w ork to be performed under t he con tract. Contractor shall r etain any and all ri ghts provided either by contract or by law which pe rtain to the resolution of disputes and protests between the contracting parties.

7. Immigration Reform and Control Act . Contractor certifies it is a ware of th e 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 Re lations h as dete rmined the general prevailing rat e of pe r diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages.

Contractor shall post copies of all applicable prevailing wages on the job site . Contractor shall comply with California Labor Code, sec tion 17 76, whi ch genera lly req uires keeping accu rate payroll r ecords, verifying and certifying pa yroll records, and maki ng them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.

Revised 6/12/18 Contract No. 5048/5503 Page 34 of 156

9. Indemnification. Contractor shall assume the defe nse of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, na ture and descr iption, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contr actor t o c omply with any applicable law, r ules o r regulations including those r elating t o safety and h ealth; and f rom any and all claim s, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the w ork cove red by th e Co ntract, except for loss or damage caused by the sole or a ctive negligence or wi llful misconduct of the District. The expenses of defense include all cost s and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method.

Contractor shall also defend and indemnif y the District against any challenges to the award of the contract to Contractor, an d Cont ractor will pay all costs, inclu ding de fense costs for the District. Defe nse c osts include the co st of separ ate counsel f or District, if District requests separate counsel.

Contractor shall also defend and indemnify the District against any challenges to the award of the c ontract to Con tractor, a rising in w hole o r in part from alleged inaccura cies or misrepresentation by the Contractor, whether intentional or otherwis e, and Contractor will pay all co sts, including d efense costs for t he District. Defe nse co sts include the cost of separate counsel for District, if District requests separate counsel.

10. Insurance. Contractor shall procure and maintain for the duration of t he contract insurance against claims for injuries to persons or damage to property which may arise from o r 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 of Carlsbad’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 (GLC) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occ urrence. If a general aggregate l imit a pplies, e ither 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 combi ned single limit p er accident f or bo dily i njury and pr operty damage. In ad dition, the au to policy must cover a ny vehicle used in the performanc e of th e contract, used onsite or offsite , whether owne d, 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 C alifornia and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District.

(B) Additional Provisions: Contractor shall ensure that the policies of insurance r equired under this agreement with the exc eption of Work ers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.

Revised 6/12/18 Contract No. 5048/5503 Page 35 of 156

a. The District, its officials, em ployees 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 co mpleted o perations of the contractor; premises owned, le ased, hired or borrowed by t he contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate d ocuments attached to the cer tificate of insurance; one for each company affording general liability, and employers’ liability coverage.

b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees an d vol unteers. Any insurance or self -insurance maintained by the District, it s officials, employees or voluntee rs 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 p olicies shall not affect coverage provided to the District, its officials, employees or volunteers.

d. Coverage shall state that t he contractor's insurance sh all ap ply s eparately to each insured against whom claim is made or suit is brought, except with r espect to the limits of the insurer's liability.

(C) Notice of Cance llation. Each in surance policy required b y this agreeme nt shall b e endorsed to sta te t hat coverage sh all not be n onrenewed, suspended, voided, c anceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested.

(D) Deductibles and S elf-Insured Re tention (S. I.R.) Levels . Any d eductibles or self- insured retention levels must be declared to and approved by t he District. At the op tion of the District, either: the insurer shall r educe or eliminate such d eductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment o f losses and r elated investigation, c laim administratio n 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 District or any of its officials or employees.

(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein.

(G) Acceptability of Insurers. Insurance is to b e placed with insurers that have a rating in Best's Key Ra ting Gu ide of at l east A -:VII. Insurers must also be a uthorized to transact the business of insurance by the S tate of California Insurance Comm issioner as admi tted 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 Co verage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage o n its b ehalf. The certificates and endors ements are to be in forms

Revised 6/12/18 Contract No. 5048/5503 Page 36 of 156
approved by the District and are to be received and approved by the District before the Contract is executed by the District.

(I) Cost of Insurance. The Cost of al l insurance required unde r this agreement shall be included in the Contractor's bid.

11. Claims and Lawsuits. All claims by C ontractor sh all be resolved in accordance w ith Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of th e General Provisions. In addition, all claims by Contractor for $375,000 or les s sha ll be resolv ed in a ccordance w ith the p rovisions in the Public Contract Code, Division 2 , P art 3, Ch apter 1, Artic le 1.5 (commencing w ith section 20104) wh ich are incorporated by reference. A copy of Article 1 .5 is i ncluded in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 sha ll apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or c ause of action for money or damages prior to filing any l awsuit for bre ach of this agreement.

(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.

(B) False Claims. Contractor acknowledges that if a false cl aim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution.

(C) Government Code. Contractor acknowledges that Cal ifornia Government C ode sections 12650 et seq., the False Claims Act, provides for civil penalti es wher e a person knowingly submits a false claim to a pub lic entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information.

(D) Penalty Recovery. If the Carlsbad Municipal Water District 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 t he C ontractor t o an adminis trative debarment proceeding wh erein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.

(F) Carlsbad M unicipal Code. The provis ions of Carlsb ad 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 acknowle dges that debarment b y another jurisdiction is grounds for the Board of Directors of t he Carlsbad Municipal Water District of the C ity of Ca rlsbad to disqualify the Co ntractor or subcontractor from participating in future contract bidding.

Revised 6/12/18 Contract No. 5048/5503 Page 37 of 156
(H) Jurisdiction. Contractor ag rees and hereby stipulate s that the pro per ven ue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California.

I have read and understand all provisions of Section 11 above. ________ init ________ init

12. Maintenance of R ecords. Contractor shall maintain and make available at no cost to the District, upon request, records i n accordance with sections 1776 a nd 1812 o f Part 7, Chapter 1, A rticle 2 , o f the Labor Code. If t he Contr actor doe s not maintain the record s at Contractor's pr incipal p lace of busi ness as specified above, Contra ctor s hall so inf orm the District by certified letter accompanying the retur n of this Contract. Contractor shall notify the District by certified mail of any change of address of such records.

13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference.

14. Security. Securities in t he form of cash, cashier' s check, or certi fied c heck may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this co ntract. Any other secur ity that is mutually agre ed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract.

15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pur suant to a p ublic w orks contract, the con tractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or mat erials pursuant to the public works contract or the subcon tract. This assignment shall be ma de and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is no t inserted, or is not corr ectly inserted, then upon a pplication of either p arty, the Co ntract shall f orthwith be physically amended to make such insertion or correction.

17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.

[signatures on the following page]

Revised 6/12/18 Contract No. 5048/5503 Page 38 of 156

NOTARIAL ACKN OWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE

ATTACHED

(CORPORATE SEAL)

CONTRACTOR:

(name of Contractor)

By:
(sign here)

(print name and title)

By:
(sign here)

(print name and title)

CARLSBAD MUNICIPAL WATER DISTRICT
a mu nicipal corp oration of the State of
California

By:

KEITH BLACKBURN, President

ATTEST:

SHERRY FREISINGER, Secretary

President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpo ration must at tach a resoluti on certifi ed by the s ecretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.

APPROVED AS TO FORM:

CINDIE K. McMAHON
General Counsel

By:

Assistant General Counsel

Revised 6/12/18 Contract No. 5048/5503 Page 39 of 156

LABOR AND MATERIALS BOND

WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to _____________________________________________________ (hereinafter designated as the "Principal"), a Contract for:

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

in the City of Carlsbad, in stric t con formity with the drawings and specifi cations, and oth er Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District 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 p ay for any materials, provisions, provender or other supplies or teams used in , upon or about the performance of the work agreed t o 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, ______________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ Dollars ($_______________), said sum b eing an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

THE C ONDITION OF THIS OBLIGATION IS SUCH that if th e Contractor or his/her subcontractors fail to pay f or any materi als, 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, o r for any amounts required to b e deducted, withheld, and paid ov er t o t he Employment Development Department from the wages of employees of the co ntractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court co nsistent 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 t o give a right of action to those persons or their assigns in any suit brought up on the bond.

Surety stipulates and ag rees tha t no change, extension of tim e, al teration or add ition t o the terms of the Contract, o r to t he w ork t o be pe rformed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice

Revised 6/12/18 Contract No. 5048/5503 Page 40 of 156
of any change, extension of time, alterations or addition to the terms of the contract or t o the work or to the specifications.

In the even t that Contractor is an individual, it i s agreed that the death of any such Contr actor shall not exonerate the Surety from its obligations under this bond.

SIGNED AND SEALED, this ______________ day of __________________________, 20____

_______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety)

By: _________________________________ By: ________________________________ (Signature) (Signature)

__________________________________ ________________________________ (Print Name & Title) (Print Name & Title)

(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)

APPROVED AS TO FORM:

CINDIE K. McMAHON
General Counsel

By: _________________________________
Assistant General Counsel

Revised 6/12/18 Contract No. 5048/5503 Page 41 of 156

FAITHFUL PERFORMANCE/WARRANTY BOND

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

in the City of Carlsbad, in strict conformity with the contract, the drawings and spe cifications, and other C ontract Docum ents now on file i n t he Off ice of the Secretary of th e Carlsbad Municipal Water District, all of which are incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute said Contract and the te rms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;

NOW, THEREFORE, WE, ______________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ Dollars ($_______________), said sum being an amount equal to: One hundred percent ( 100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well an d truly to be made we bind ourselves, ou r heirs , executors and a dministrators, successors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manne r therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, 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 se cured hereby and in addition to the face amount specified therefore, the re shall b e in cluded costs a nd reasona ble expenses an d fees, includin g reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety stipulates and agrees that no c hange, extension of time, alteration or addition to the terms of the Contract, o r to the work to be per formed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any chan ge, extension of time, alterations or addition to the terms of the contract or to th e work or to the specifications.

Revised 6/12/18 Contract No. 5048/5503 Page 42 of 156

In the event that Contractor is an in dividual, it is agreed that t he death of any such Contractor shall not exonerate the Surety from its obligations under this bond.

SIGNED AND SEALED, this ______________ day of __________________________, 20____

_______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety)

By: _________________________________ By: ________________________________ (Signature) (Signature)

__________________________________ ________________________________ (Print Name & Title) (Print Name & Title)

(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)

APPROVED AS TO FORM:

CINDIE K. McMAHON
General Counsel

By: _________________________________
Assistant General Counsel

Revised 6/12/18 Contract No. 5048/5503 Page 43 of 156

OPTIONAL ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION

This E scrow Ag reement i s made and ent ered into by and between t he Ca rlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and ____________________________________________________________ whose address is _____________________________________________________ hereinafter called "Contractor" and __ _________________________________________________ whose address is __________________________________________________________ hereinafter called "Escrow Agent."

For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows:

1. Pursuant to section 22300 of th e Public Contract Code of the State of California, the Contractor has the opti on to dep osit securities with t he E scrow Agent a s a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT TERRAMAR
CONTRACT NO. 5048/5503

in the amount of ___________________________ dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, th e Escrow Agent shall notify the District within 10 days of the deposit. The market value of the securities at the time of t he substitution shall be a least equal to the cash amount then required to be withheld as retention under t he terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner.

2. The District shall make progress pa yments to th e Contractor for such funds wh ich otherwise w ould be wit hheld from progress pa yments pursuant to the Contract provisio ns, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the District 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 e scrow created u nder this contract is term inated. The C ontractor may di rect the in vestment of the payments into s ecurities. A ll terms and conditions of thi s agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly.

4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Age nt in administering t he Es crow Account and all e xpenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all inter est earned on t hat in terest shall be for the sol e accoun t of Contractor a nd sh all be subject t o withdr awal by Contractor at any time a nd from time to time wi thout notic e to the District.

Revised 6/12/18 Contract No. 5048/5503 Page 44 of 156

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 a ccompanied by written author ization from District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The District shall have a r ight to draw upon the securities in t he event of default by th e Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash a nd shall distribute the cash as instructed by the District.

8. Upon receipt of written n otification from the City certifying that the Co ntract is final and complete and that the Contractor has complied with all requirements and procedures applicable to th e Contract, the Escrow Agent shall re lease to Con tractor all sec urities and interest on deposit less escrow f ees and charges of the Escro w Accou nt. Th e escr ow shall be close d immediately upon disbursement of all moneys and secu rities on deposit and payments of fees and charges.

9. The Escrow Agent shall rely on the wr itten no tifications from the District and the Contractor pursuant to sect ions (1 ) to ( 8), in clusive, of this agreement a nd the District and Contractor shall hold E scrow Age nt harmless from Esc row Agent's rele ase, conversion and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized t o give written notices or to recei ve written notice on behalf of the District and on b ehalf of Contractor in connection wi th th e foregoing, and exemplars of their respective signatures are as follows:

For District: Title FINANCE DIRECTOR

Name

Signature

Address 1635 Faraday Avenue, Carlsbad, CA 92008

For Contractor:

Title

Name

Signature

Address

For Escrow Agent: Title

Name

Signature

Address

Revised 6/12/18 Contract No. 5048/5503 Page 45 of 156
At the time the Escrow Account is opened, the City and Contrac tor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

For District: Title PRESIDENT

Name

Signature

Address 1200 Carlsbad V illage Drive, Carlsbad, C A
92008

For Contractor: Title

Name

Signature

Address

For Escrow Agent: Title

Name

Signature

Address

Revised 6/12/18 Contract No. 5048/5503 Page 46 of 156

GENERAL PROVISIONS
FOR

CARLSBAD BLVD WATER AND SEWER IMPROVEMENTS AT

TERRAMAR

CONTRACT NO. 5048/5503

CARLSBAD MUNICIPAL WATER DISTRICT

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, per mitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1-1.1 Reference to Drawi ngs. Where word s “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise.

1-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated othe rwise. T he word “required” and words of similar impor t sh all be understood to mean “as required to properly complete the work as required and as approved by the Engineer,” unless stated otherwise.

1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are u sed, it shall be understood such words are followed by t he expression “in the opinio n o f the Engineer”, unl ess otherwise sta ted. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.

1-1.4 Perform. The word “perform” shall b e un derstood to m ean th at the Contractor, at i ts expense, shall perform all operati ons, labo r, tools and equipment, an d furt her, includin g th e furnishing and installing of materials that are indicated, specified or required to mean t hat the Contractor, at its expense, shall furnish and install the work, complete and 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 wo rds, shall be exclusively defined by the definitions assigned to them herein.

Revised 6/12/18 Contract No. 5048/5503 Page 47 of 156

Addendum – Written or graph ic instrument issued p rior to the o pening of Bids whic h clarifies, corrects, or c hanges t he bid ding or Contr act Documents. The t erm A ddendum shall inc lude bulletins and all other types of wr itten notices issued to potential bid ders prior to opening of Bids.

Agency – the Carlsbad Municipal Water District.

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.

Average Sound Level – The level, in decibels, of the mean-square A-weighted sound pressure during a stated time period, wit h refer ence to the square of the standard r eference sound pressure of 20 mi cropascals. The "average sound level" is equivalent to the industry standard Leq. See Equivalent Continuous Sound Level.

Base – A layer of spe cified mater ial of p lanned thickne ss placed immediately below the pavement or surfacing.

Bid – The offer or proposal of the Bidd er submitted on the pr escribed 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 o fficer or body consti tuting t he awarding authority of the Age ncy, the Boa rd of Directors of Carlsbad Municipal Water District.

Bond – Bid, performance, and payment bond or other instrument of security.

Caltrans – The State of California, Department of Transportation.

Cash Contract – A Contract financed by means other than special assessments.

Certificate of Compliance – A written d ocument signed and sub mitted by a s upplier or manufacturer that certifies th at the mate rial or assembled mat erial supplied t o the Work site conforms to the requirements of the Contract Documents.

Change Order – A written order to the Contractor signed by the Agency directing a n addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Co ntract 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.

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Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the Contract Documents), Notice Inviting Bid s, In structions to Bidders; Bid (including documentation accompanying the Bid a nd any post -bid documentation submitted prior to the Notice of Award) whe n atta ched as an exhibit to the Contract, t he Bo nds, the General Provisions, p ermits, the Te chnical Spec ifications, the Supplemental Pr ovisions, the P lans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract.

Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with t he Agency to perform the Work. In the case of w ork being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor.

Contract Time - The n umber of Work ing Days to comp lete t he Work as specifie d in the Contract Documents.

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 We ights and Mea sures of the county in which the C ontract is let.

Critical Path – In the construction s chedule, th e sequence of activit ies that represe nts t he longest path through the Project network of activities and the shortest possible Project duration.

Days – Days shall mean consecutive calendar’s days unless otherwise specified.

Decibel – A unit for measuring the amplitude of sound, equal to 20 t imes the logarithm to the base 10 of the rat io of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

Defective Work - Work that does not conform to the requirements of the Contract Documents.

Deputy City Engineer – The En gineering Manager of the Construction Management & Inspection Department, the Construction Manager’s immediate supervisor and th e Engineer’s designated representative. The Deputy City Engineer is the 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 Carlsb ad Municipal W ater Dis trict to hear a nd advis e the Cit y Manager or Executive Manager on claims submitted by the Con tractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carl sbad Municipal Water District is the la st appeal level for informal dispute resolution.

Disputed Work – Work in which the Agency and the Contractor are in disagreement.

Electrolier – Street li ght asse mbly comp lete, in cluding foundation, standard, luminai re arm, luminaire, etc.

Revised 6/12/18 Contract No. 5048/5503 Page 49 of 156
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.

Engineer of Record/Design En gineer – A registered professional en gineer licen sed in the State of California who is qualified to act as an agent of a project owner or to prepare plans for facilities to be accepted by th e City of Carlsbad or t he Carlsbad Municipal Water District. The term includes persons licensed in the State of Cal ifornia as Civ il Engineers or Structural Engineers

Equivalent Continuous Sound Level (Leq) – The average sound level which, over a given period of time, has the same total energy as the fluctuating noise and is also known as the time- average sound level.

Extra Work – New or unforeseen work not covered by a Contract Unit Price or Stipulated Unit Price.

Float – The number of days by which an activity in the construction schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion.

Holiday – Holidays and the days observed are listed below. If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the holiday falls on a Sunday, it is observed the following Monday. Unless specified otherwise in the Con tract Documents or a uthorized by the Engineer, do not work on holidays.

New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Indigenous People’s Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Thanksgiving Friday Day after Thanksgiving
Christmas Day December 25

House Co nnection Sewer – A sewer, w ithin a public street or righ t-of-way, pr oposed 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 o ptical and socket assemblies (and ballast i f so specified).

Luminaire Arm – The structural membe r, brac ket, or mast arm, wh ich, mounted o n the standard, supports the luminaire.

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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 Ag reements. A Modification may only be used after the effective date of the Contract.

Night Work – See Working Night.

Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract.

Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start.

Own Organization - When used in Sections 2-3.1 and 2-3.2 – Employees o f the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees hav e thei r employment taxe s, State disabilit y insurance payments, Sta te and Feder al inco me taxes paid a nd a dministered, as applicable, by the Contractor. Further, “own organization” means construction equipment that the Contractor owns or leases and uses to a ccomplish the Work. Equipment that is own er operated o r leased equipment with an oper ator is not part of the Cont ractor's Own O rganization a nd will not be included for the purpose of compliance with Sections 2-3.1 and 2-3.2.

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, wh ich 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 inspect ion, c ontract administration and first level for informal dispute resolution.

Proposal – See Bid.

Reference Spe cifications – Those bulletins, standards, rules , methods of analysis or test, codes, and specifications of other age ncies, engineering societie s, or industrial asso ciations referred to in the Contract Documents. These refer to t he latest edition, including amendments in effect and p ublished at the time of advertising t he pr oject or issuing the pe rmit, 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 re ception and t ransfer of sewage and fl uid ind ustrial waste.

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Shop D rawings – Drawings s howing the de tails of manufacture d or assembled pr oducts proposed to be incorporated into the Work.

Sound Level – The weighted s ound pressure level obt ained using a sound level meter and frequency weighting network as pr ovided in the A merican National Standards Institute (ANSI) specifications for sound level meters. "Sound level" means the same as "noise level."

Special Provisions – Revisions to the Standard Specifications setting forth condit ions and requirements peculiar to the Work.

Specifications – General Provisions, Stan dard Specifi cations, Technical Specificati ons, Reference Specifications, Supp lemental Pro visions, and spe cifications in Suppleme ntal 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 P lans – Details of standard st ructures, de vices, or instru ctions referred to on the Plans or in Specifications by title or number.

Standard Specifica tions – The Sta ndard Sp ecifications for Public Works Constr uction (SSPWC), the “Greenbook”.

State – State of California.

Stipulated Unit Price – Unit prices established by the Agency in the Contract Documents.

Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water.

Street – Any road, highway, parkway, freeway, alley, walk, or way.

Subbase – A layer of s pecified materia l of p lanned thicknes s 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 road bed on which pavement, surfac ing, base, subbase, or a l ayer of other material is placed. For structures, the soil prepared to su pport 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 Agenc y in becoming a p arty t o the Contrac t. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details o f the Work.

Supplemental Agreement – A written amendment of the Cont ract Documents signed by both parties.

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Supplemental Provisions – See Special Provisions.

Surety – Any individual, firm, or corporation, bound with and for the Con tractor for the acceptable performance, execution, a nd completion of the Work, and for the s atisfaction of all obligations incurred.

Tonne – Also refe rred to as “ metric to n”. R epresents a unit of me asure in the Inte rnational System of Units equal to 1,000 kilograms.

Utility – Tracks, overhead or undergrou nd wires, pipelines, condu its, ducts, or structures, sewers, or storm drains owned, operated, or ma intained in or across a public right of wa y or easement.

Work – That which i s proposed t o be constructed or do ne under the Co ntract o r permit, including the furnishing of all labor, materials, equipment, and services.

Working Drawings – Drawings showing the details not shown on the Plans which are required to be designed by the Contractor.

Working Night – A peri od of night -time work, allowed only on Sunday through Thurs day, excluding holidays.

1-3 ABBREVIATIONS.

1-3.1 General. The abbreviation herein, together with others in general use, are a pplicable 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 C onstruction” published by the American Institute of S teel Construction, Inc.

1-3.2 Common Usage

Abbreviation Word or Words Abbreviation Word or Words

ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM .............................................................. Benchmark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall 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

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CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL ..................................................................Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line FS ...................................................... Finished surface FT-LB .........................................................Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge GAL ............................................... Gallon and Gallons GALV ......................................................... Galvanized GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP ..................................................................Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HDWL ........................................................... Headwall HGL .............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole 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

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MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices
MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature
PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness)
SDRSD ......... San Diego Regional Standard Drawings
SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction
SSPWC ............................. Standard Specifications for Public Works Construction
ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section

1-3.3 Institutions.

Abbreviation Word or Words

AASHTO ............................. American Association of State Highway and Transportation Officials ACI ................................ ................................ ................................ .... American Concrete Institute

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AISC ................................ ................................ ...............American Institute of Steel Construction ANSI ................................ ................................ ................. American National Standards Institute AREA ................................ ................................ ........ American Railway Engineering Association ASME ................................ ................................ ........ American Society of Mechanical Engineers ASQ ................................ ................................ ................................ . American Society for Quality ASTM ................................ ................................ ........ American Society for Testing and Materials AWPA ................................ ................................ ............ American Wood Preservers Association AWS ................................ ................................ ................................ ... American Welding Society AWWA ................................ ................................ .................. American Water Works Association EEI ................................ ................................ ................................ ........... Edison Electric Institute EIA ................................ ................................ ................................ ...Electronic Industries Alliance EPA ................................ ................................ ......................... Environmental Protection Agency ETL ................................ ................................ ............................... Electrical Testing Laboratories FCC ................................ ................................ .................. Federal Communications Commission FHWA ................................ ................................ ......................... Federal Highway Administration GRI ................................ ................................ ............................ Geosynthetic Research Institute IEEE ................................ ................................ ... Institute of Electrical and Electronics Engineers IMSA ................................ ................................ ............International Municipal Signal Association ISSA ................................ ................................ ............ International Slurry Surfacing Association ITE ................................ ................................ ....................... Institute of Transportation Engineers NCHRP ................................ ........................... National Cooperative Highway Research Program NEMA ................................ ................................ .... National Electrical Manufacturers Association NSF ................................ ................................ ................................ .National Science Foundation OSHA ................................ ................................ ..Occupational Safety and Health Administration PPI ................................ ................................ ................................ .............. Plastics Pipe Institute RUS ................................ ................................ ................................ ............ Rural Utilities Service SAE ................................ ................................ ........................... Society of Automotive Engineers SSPC ................................ ................................ ........................... Society for Protective Coatings UL ................................ ................................ ................................ . Underwriters' Laboratories Inc.

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 he rein use SI u nits specific ally an d conve rsions to U.S. Standard Measures may or may not have been included in t hese circumstances. When U.S. Standard Measures are n ot included in parenthesis, then the SI units shall control. S.I. units and U.S.

Standard Measures in parenthesis may or may not be exactly equivalent.

Reference is also made to ASTM E 380 for definitions of var ious 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)

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1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s)
1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m)
1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L)

Temperature Units and Abbreviations
Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C):
°F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8

SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (lm)
1 second (s)

Common Metric Prefixes
kilo (k) ....................................................................................................103 centi (c)..................................................................................................10-2 milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12

1-5 SYMBOLS.

 Delta, the central angle or angle between tangents
 Angle
% Percent
‘ Feet or minutes
“ Inches or seconds
1 Number
/ per or (between words)
° Degree
PL Property line
CL Centerline
SL Survey line or station line

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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 assign ed without consent of the board, except that the contractor may assign money due or wh ich will accrue t o it und er 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 d eductions p rovided for in the Contract. All money withheld, wh ether assigned or not, shall be subject to being used by the Agency for completion of the work, should the Contractor be in default.

2-3 SUBCONTRACTS.

2-3.1 General. Each Bidder shall comply with th e Chapte r of the Public C ontract Code including Sections 4100 thr ough 4113. The follow ing ex cerpts or summaries of some o f 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 ea ch subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement s, or a subco ntractor lice nsed by t he State of California who, under subcontract to th e prime co ntractor, speci ally fabricates and installs a portion of the work or improvement according to detailed drawings co ntained in the pl ans and specifications, in an amount in ex cess 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 str eets or highways, including bridges, in excess o f one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.”

“(b) The portion of the work which will be done by each such subcontractor under this act . The prime contractor shall list o nly one subco ntractor f or ea ch suc h portion as is defined by the prime contractor in his bid.”

If the Con tractor fails to specify a Su bcontractor 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 Contra ctor’s total Bid), the Contract or shall be q ualified to p erform 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 perso n as Subcontractor in place o f the Subcontractor listed in the original Bid, except for causes and by procedures es tablished in Section 4107 .5. This section provides proc edures to correct a clerical error in the listing of a Subcontractor.

Section 4110 provides that a Contractor viol ating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing.

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Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the con tract price with its own organization, the A gency may at its sole dis cretion elect to cancel the contract or deduct an amount equal to 1 0 percent of the value of the work performed in excess of 50 pe rcent of the cont ract p rice by other than the Co ntractor’s own organization. T he Board shall be the s ole body for determination o f a vi olation of t hese provisions. In any proceedings under this section, the prime contractor sh all be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the t ime and location of said hearing. The determination of the Board 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 pe rform, wi th its o wn organization, Contra ct 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 suc h “Specialty Items” so performed may be dedu cted from the C ontract Price before computing the amount requir ed to be performed by the Contractor with its own or ganization. “Specialty Items” will be id entified by the Agency in th e 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 i nformation submitted by the Contractor, and subject to a pproval by the Engineer.

Before the work of any Subcontractor is started, the C ontractor shall submit to the Engineer for approval a w ritten s tatement showing the wo rk to be su bcontracted gi ving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted.

2-3.3 Status of S ubcontractors. Subcontractors sh all be c onsidered employees o f the Contractor, and the Contractor shall be responsible for their work.

2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below.

Bonds issued by a surety, who is authorized to is sue bonds in California, and w hose bonding limitation shown in sa id circular is sufficient to provide bonds in the a mount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shal l be acco mpanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.

Before executi on of the Cont ract, the Bidder shall file surety bonds with the Agency to be approved by the B oard in the amounts a nd for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and w hose bonding limitation shown in said circu lar is sufficient to provide bonds in th e amou nt required by the Contra ct shall be deemed to be appro ved unless specifically rejected by the Agency. B onds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall i ncorporate, by reference, the Contract and be sig ned by both th e Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

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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 t he total amou nt payable by the terms of this contract. The Contractor shall provide bonds to secur e payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract.

Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section.

The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of labore rs and materials suppliers shall be rele ased six months plus 30 days after recordation of the Notice of Complet ion if al l claims have been paid.

All bonds are to b e placed with a surety insurance carrier admitted and authori zed to t ransact the business of insurance in California and whose asset s exceed their liabilities in an amount equal to or in excess of the am ount of t he bo nd. The bonds ar e to c ontain the follow ing 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 certi fied copy of the certificate o f authority of the insu rer issued b y the insur ance commissioner.

If the bid is acce pted, 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 shal l be made by an officer 's certificate as defined in Section 173 o f the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the o ath of the principa l officer or manager resi ding within the United States.

Should any bond become insufficient, the Contractor shall re new 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, ma de pursua nt to the Contract, shall i n 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 sit e a copy of th e Plans and Specifications, to which the Engineer shall have access at all times.

The specifications for the work include the General Provisions, Supplemental Provisions, Project Technical Sp ecifications, Carlsbad En gineering Standards (CES) , Standard Specifications for Public Works C onstruction (SSPWC) and the lates t supplements th ereto,

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2021 edition as published by the "Green book" Committee of Public Works Standards, In c., hereinafter designated "SSPWC", as amended and excepting Part 1 thereof.

The Plans shall consist of the c onstruction drawings , Drawing No. 540-1 issued u nder thi s Contract.

The Standard Drawings consist of the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by th e San Diego County Department of Public Works, to gether with the mo st recent editions of the Cit y of Carlsbad Engineering Standards and Carlsb ad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad M unicipal Water District , hereinafter des ignated as CES and CSD, respectively.

Modified standard drawings, if applicable, are enclosed in the appendices to these General Provisions.

The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooper ative. An ything specifi ed in t he Specifications and not s hown on the Plans or shown on the Pl ans and not specif ied in the Specifications, shall be as though shown on or specified in both.

The P lans shall be supplemented by s uch wo rking draw ings and shop d rawings a s are necessary to adequately control the Work.

The Contractor shall ascertain t he existence of any c onditions affe cting the c ost of th e 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 Cont ractor shall, upon discovering any er ror or omi ssion i n the Pl ans or Sp ecifications, immediately call it to the attention of the Engineer.

2-5.2 Precedence of Contract Documents.

If th ere is a co nflict in the Contract Documents, th e documen t highest in p recedence sh all control. The p recedence shall be the most recent edition of the fol lowing 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 and Supplemental Provisions.

6. Technical Specifications.

7. Carlsbad Engineering S tandards (including City of Carlsbad and Carlsb ad Municipal Water District Specifications, Standard Drawings and modifications to the San Diego Area Regional Standard Drawings).

8. Plans.

9. Standards Plans.
a. San Diego Area Regional Standard Drawings.
b. Traffic Signal Design Guidelines and Standards.

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c. State of California Department of Transportation Standard Plans. d. California Manual on Uniform Traffic Control Devices (CA MUTCD).

10. Standard Specifications for Public Works Construction, as amended.

11. Reference Specifications.

12. Manufacturer’s Installation Recommendations

Detail drawings shall take precedence over general drawings.

Detailed plans and plan views shall have precedence over general plans.

2-5.2.1 Precedence of Caltrans Spec ifications. Where Caltrans specifications a re u sed to modify the SSPWC or are added to the SSPWC by the Contract D ocuments, the Caltrans specifications sh all have precedence o nly in reference to t he materials referred t o in t he Caltrans specifications. The documents listed in Section 2 -5.2 above, in their order of precedence above, shall prevail over the Caltrans specifications in all other matters.

2-5.3 Submittals.

2-5.3.1 General. Submittals s hall b e p rovided, at the Contractor’s expe nse, as req uired i n 2-5.3.2, 2 -5.3.3 and 2 -5.3.4, when requir ed by the Pl ans o r Special Provisions, or when requested by the Engineer.

One electronic (PDF) f ile shall be s ubmitted. If revision s are required, the Engineer will return one redlined copy for resubmission. Upon acceptance, the Engineer will return one e lectronic copy to the Contractor.

Materials shall n either be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither r eview nor ac ceptance of submittals by the Engine er shall reliev e t he Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the atte ntion of the Engineer in the le tter of transmittal. The Contractor shall be responsible for the correctness of the submittals.

The Contractor sh all allow a minimum of 20 working da ys for review o f submittals u nless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.

Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The labe l ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consec utively n umbered. Each set of shop d rawings a nd submittals shall be accompanied by a lett er 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 (Submit tal nu mbers s hall be consecutive in cluding subseq uent submittals for the same materials.)

6. Description of the contents of the submittal.

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7. Identification of deviations from the Contract Documents.

8. The signature, printed name, title and company name of the Contractor’s representative.

The Contractor shall subscribe to and shall place the following certification on all submittals:

 "I hereby certify that the (equipment, material, procedure( s)) shown and marked in this submittal is that proposed to be i ncorporated into this Project, is in compliance with the Contract Documents, can be ins talled in the allocated spaces, and is submitted for approval.”

 "I hereby certify that the (equipment, material, procedure(s)) contained herein meet all requirements shown or specified in the Contract Documents, except for the following deviation(s):
.”

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.

Working drawings are required in the following sections:

TABLE 2-5.3.2
Item Section Number Title Subject
1 7-8.6.1 Dewatering Excavation Dewatering
2 7-10.4.1 Safety Orders Trench Shoring
3 7-10.4.8 Steel Plate Covers Steel Plate Bridging
4 300-3.2 Cofferdams Structure Excavation & Backfill
5 300-12.1 SWPPP SWPPP
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.2 Falsework Plans Structural Steel
10 307-1.1 General Jacking Operations
11 307-2.1 General Tunneling Operations
12 306-8 Microtunneling Microtunneling Operations
13 601-2 Temporary Traffic Control Plan Traffic Control

Working drawings listed above as Items 2, 3, 4, 7, 8, 9, 10, 11, 12, and 13 shall be prepared by a Civil or Structural Engineer registered by the State of California.

2-5.3.3 Shop Drawings. Shop drawings are d rawings showing de tails of m anufactured or assembled products proposed to be incorporated into the Wo rk. Shop drawings are required in the following sections and as specified in the Special Provisions:

TABLE 2-5.3.3
Item Section Number Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 304-1.1.1 Shop Drawings Structural Steel
4 304-2.1 General Metal Hand Railings

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2-5.3.4 Supporting Informat ion. Supporting i nformation is info rmation requi red b y t he Specifications for the purposes of a dministration of the Co ntract, analysis for v erification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as pa rt of the Work, and oth er information as m ay be required by the Engineer. Three hard copies and one electronic (PDF) file of the supporting information shall be s ubmitted to the Engineer pr ior t o the start of the Work unless otherw ise s pecified in the Special Provis ions or direc ted b y t he Engineer . Supporting information for systems s hall be bound together and include all manufactured items for the system. If resubmittal is not required, one red lined copy will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:

1. List of Subcontractors per 2-3.2.

2. List of Materials per 4-1.4.

3. Certifications per 4-1.5.

4. Construction Schedule per 6-1 and Work Plan per 6-2.2.

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. Controller Cabinet Wiring Diagrams per 701-17.2.2

9. Data, including, but not limited to, c atalog 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 i rrigation systems, street lighting system s, and traf fic si gnals, and may also be required for any product, manufactured item, or system.

10. Temporary highline plan per Carlsbad Engineering Standards.

2-5.4 Record D rawings. The Contractor shal l maintain a complete "as -built" re cord set of blue-line print s, which shal l be corrected in red ink daily and sh ow every change from th e original drawings and spec ifications and the exact "as -built" locations, sizes and k inds of equipment, underground piping, conduits, valves, and all other work not visible at surface grade.

Prints for this purpose may be obtained from the Agency at cost. The official recor d drawing shall accurately reflect all changes and modi fications to th e original plan. The Contractor shall formally submit the final record drawing at the final walk-through meeting. At the direction of the Engineer, the Contractor shall correct and revise the Record Drawings to accurately reflect field conditions. Re-submittal of the Recor d Drawings shall be completed within ten ( 10) working days of the final walk-through mee ting date and shall reflect any add itional punch list items.

Payment for the upke ep, revision, and submittal of the record drawings shall be included in the lump sum price for mobilization.

2-5.5 Project Management and Document Control. The Contractor shall utilize the Agency’s standardized online project management and document control platform: Procore (www.procore.com). The Contractor is required to create a free, web-based, user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer a pproves otherwise, the Contractor shall process all project doc uments through Procore. If unfamiliar or n ot otherwise trained with Pr ocore, the Contractor and applicable team members shall complete a free training certification course at the following site:
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for obtaining their own technical support, as needed, either through online training or by contacting the Procore support team. The Contractor shall regularly ch eck Procore and review updated documents as they are added. There will be no cost to the Contractor for the use of Procore.

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The Contractor shall provide at least one on -site individual wi th mobile access to the Procore App to provide real -time access to current and updated drawings, specifications, RFIs, submittals, schedules, change orders, and other project documents as well as any deficient observations or punch list items. The Contractor shall post all communications addressed to the Engineer, and shal l review and act on all communications addressed to the Contrac tor, in the Procore App. The use of Procor e does not relieve t he contractor of any other requirements as may be specified in the Contract Documents.

Procore for Windows, iOS: https://apps.apple.com/us/app/procore-construction- management/id374930542

Procore for Android: https://play.google.com/store/apps/details?id=com.procore.activities

2-6 WORK TO BE D ONE. The Contractor shall perform all work necessary to complete the Contract in a satis factory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work.

2-7 SUBSURFACE DATA . All soil and test hole data, water t able 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. A geotechnical investigation report prepared for the project is included by reference in Appendix “C”.

The Contractor may make independent investigations of the project site, including evaluation of the s oil or groundwater conditio ns and/or the presence of rock, in o rder to characterize the subsurface conditions that may be en countered to the C ontractor’s satisfaction. The costs for such investigations shall be considered included in the bid price and no additional compensation will be made therefor.

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 time of project construction. A difference in elevation between groundwater shown in soil b oring 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, easeme nts, or rights-of-entry for the Work, w hen indicated on the Plans, will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and restoring additional work areas and removing and/or disposing of facilities te mporarily required. T he Contractor shall indemnify and hold the agency harmless from all claims for damages caused by such actions.

At the Contractor’s option and in accordance with the following conditions, the Contractor may use a limited portion of CMWD property at the La Costa Low Reservoir yard located on Alga Road, south of Corte Casitas and north of Paseo Candelero, for construction staging at no cost to the Contractor. Use of the property for stagin g is conditioned upon the Contractor’s strict adherence to the conditions listed below. Non-compliance will result in the revocation of use of the property for st aging, requiring the Contractor to immediately vacate and restore it to its original condition.

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1. All provisions of the contract apply to the staging area. The Contr actor’s atten tion is directed to Section 7 RESPONSIBILITIES OF THE CON TRACTOR with spec ific reference to Section 7-8 PROJECT SITE MAINTENANCE as it applies to water pollution control. Contractor shall install and maintain BMPs at the staging area at all times.

2. Use of the staging area is strictly limited to normal work hours specified for this Contract.

The Cont ractor may not enter the staging area , park vehicles and/or create a queue along the d riveway entrance before or after normal work hours unless prior , w ritten authorization is provided by the City Inspector.

3. Prior to us e of the staging area, the Contractor shall inspect the site with the City Inspector to confirm the use boundaries and shall include the property in the preconstruction survey per Section 7-9.1 prior to mobilization.

4. The Contactor shall secure and lock the gate upon leaving the yard.

5. All ex cavated material shall be hauled off -site. Materials, includ ing excavation spoils, aggregate base, sand, rock, etc., shall be covered daily and secur ed with appropriate erosion and s ediment c ontrol BMP s. A ll materials s hall be removed f rom t he storage area upon completion of the Project (i.e., no spreading/dispersing of material).

6. No concrete crushing or demolition activities are allowed at the yard.

7. The Contractor shall install temporary fencing around the staging area. At a minimum, the Contractor shall install orange snow fence and silt fence ar ound the perimeter of the staging area.

8. Upon completion of the work, the Contractor shall demobilize and re move all materials and eq uipment from the staging a rea and restore the staging area to its p re-use condition as documented in the Contractor’s preconstruction survey.

9. If project construction activity is inactive for a period of 60 days, the Contr actor s hall remove all equipment and materials and restore the yard to the original condition within 15 days of receipt of notice to vacate by the Engineer.

2-9 SURVEYING.

2-9.1 General. The Contractor will perform and be responsible for the a ccuracy of surveyin g adequate for construction. Th e Contractor shall set and preserve c onstruction survey s takes and marks for t he duration of thei r usefuln ess. If any co nstruction s urvey stakes are lost or disturbed and need to be replaced, such replacement shall be performed at the expense of the Contractor.

The Contractor shall notify th e Engi neer in writin g at l east 2 Wo rking Days before survey services in connection with the laying out of any portion of the Work. The Contractor shall set all stakes for line and grade . Tolerances for construction staking shall con form with Chapter 12, Construction Surveys of the Caltrans Surveys Manual. Surve ying to determine the boundaries of the public right-of-way or easements shall conform with Chapter 10, Right-of-Way Surveys.

Unless o therwise s pecified in the S pecial Prov isions, stak es will be set and st ationed for alignments for pipelines (sewers, storm d rains, potable water, recycled water) and their appurtenances, curbs, headers, structures, rough g rade, f inish grade and rig ht-of-way or easement boundaries. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet.

2-9.2 Permanent Survey Markers. The Contractor sh all not cover or dis turb perm anent survey monuments or be nchmarks without the consent of th e Engineer. Where the Engineer concurs, in writing, w ith the Con tractor t hat pr otecting an exi sting monument in place is impractical, the Contractor shall employ a licensed land surveyor or a re gistered civil eng ineer

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authorized to p ractice land su rveying within the S tate of California, he reinafter Surveyor, to establish t he location of the m onument before it is disturbed. The Contractor s hall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.

The Contractor shall have a Re cord 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 No. M -10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), ir on pipes, r einforcing steel and all monuments and marks that are at, or accessory to, property corners a nd street centerlines are permanent survey monuments. The Record of Su rvey sha ll 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 t he street right -of-way. Record(s) of Surve y(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.

When a change is made in the finished elevation of the pa vement of any roadway in which a permanent survey monument is located, the Con tractor shall adjust the monument frame and cover to the new grade within 7 days of p aving 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.

2-9.3 Line and Grade. All work shall conform to the lines, elev ations, and grades shown on the Plans.

Three consecutive points set on the same slope shall b e used tog ether so that any v ariation 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 Work.

Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench.

2-9.4 Payment fo r Survey. Payment for survey work shall be included in the b id it ems requiring the survey work and n o additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fe es, shall be in cidental to the work necessitating the disturbance of said monuments and no additional payment will be made.

2-10 AUTHORITY OF BOARD AN D ENGINEER. The Board h as the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative.

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The decision of the En gineer i s final and binding o n all qu estions relating to : quantities; acceptability of material, equipment, or work ; execution, progress o r sequence of work; and interpretation of the Pla ns, Specifications, or other drawings. Thi s shall b e precedent to any payment under the Contract, unless otherwise ordered by the Board.

2-10.1 Availability of Records. The Con tractor shall, at no cha rge 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 m ake av ailable, to the Engineer, wit hin San Diego County, accu rate books and accounting records relative to all its activities and to contractually require all subcontractors to thi s Contract to do the sa me. The Engineer shall have the right to mo nitor, as sess, a nd e valuate Contractor’s and its subcontractors’ performance pur suant to this Agreement, said m onitoring, assessments, and evaluations to include, but n ot be lim ited to, audits, in spection of premises, reports, contracts, subcontracts and interviews of Con tractor’s s taff and the staff of al l subcontractors to th is contract. At any time during normal business hours and as o ften as the Eng ineer may deem necessary, upon reasonable advance notice, Cont ractor shall make available to t he Engineer for examination, all of its , and all subcontractors to this con tract, rec ords wi th 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 o ther data relating t o all matters covered by this Contract.

However, any suc h activities shall be carrie d out in a ma nner so as to not unr easonably interfere wi th Contrac tor’s on going business operat ions. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations.

2-11 INSPECTION. The Work is subject to i nspection and approval by th e Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required.

Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection w ill be subject to rejection. Th e Engineer an d an y a uthorized representatives shall at all times have a ccess to the Work during its con struction at shops and yards as well a s the project site . The Contractor shall provid e every re asonable faci lity f or ascertaining that t he materials and workmanship a re in accordance with th ese Specifications.

Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.

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SECTION 3 – CHANGES IN WORK

3-1 CHANGES REQUESTED BY THE CONTRACTOR.

3-1.1 General. Changes in t he Plans a nd Specifications, requested in writ ing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interest s of the Ag ency, m ay be granted b y the Engineer. N othing her ein shall be construed as granting a right to the Contractor to demand acceptance of such changes.

3-1.2 Payment for Changes Requested by th e Contrac tor. If such chang es are gra nted, 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 ma y change the Plans, Specifications, character of the w ork, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not e xceed 25 percent of the Contract Price. Should it become necessary to exceed thi s limitation, the c hange shall b e by written Sup plemental Agr eement be tween the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.

Change Orders shall be i n writ ing and s tate the dollar value of the change o r esta blished method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance.

3-2.2 Payment.

3-2.2.1 Contract Unit Prices. If a change is or dered in an item of wor k covered by a Con tract 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 q uantity of an it em of work co vered by a Co ntract Unit Price and c onstructed in conformance with the Plans a nd Specifications varies from the Bid quan tity 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 o f 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 Incre ases o f More Than 50 Percent. Should the actual quantity of an item of wor k covered by a Contract Unit Price and con structed in conformance with the Plans and Specifications, exceed the Bid quantity by more t han 50 percent, payment for the quantity in excess of 150 percent of the Bid quant ity will be m ade on th e basis of an adju stment 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.

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3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered b y a Contract Unit Price, a nd constructed in conformance w ith the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Co ntractor. 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 t he Agency, or at the option of the Engineer, on the b asis of Extra Work per Section 3 -3; howeve r, in no case wi ll paym ent be less tha n would be made fo r the ac tual quantity at the Contract U nit Pri ce nor more than wou ld be m ade f or 5 0 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 Docu ments as d istinguished from C ontract Unit Prices sub mitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.

3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Uni t Pric es per Section 3-2.2, established by mutual a greement between the Contractor and the Agency. If mutual agr eement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3.

3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpo se 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, paymen t will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Eng ineer, and if the order for that material cannot be canceled, payment will be ma de to the Co ntractor for the actual cost of the mater ial. In this case, the m aterial shall beco me the pr operty of the Agency. Payment will be made to t he Contractor for its actual costs for any further handling. If the material is returnable, the material shall be ret urned a nd payment will be made to the Con tractor for the actual c ost of ch arges 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 u nforeseen work will be classified as “ex tra 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.

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3-3.2.2 Basis for Establishing Costs.

(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the t ime th e extra work is done, plus e mployer pa yments of payroll taxes, workers compensation insurance, lia bility insurance, health and welfare, pe nsion, 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 Contra ctor est ablishes th e n ecessity for such additional costs. Labo r costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice f or equ ipment rental. T he labo r cost for foreme n shall be p roportioned to all of thei r assigned work and only that applicable to extra work will be paid.

Nondirect labo r costs, i ncluding supe rintendence, shall be con sidered part of the ma rkup of Section 3-3.2.3 (a).

(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.

The Agenc y rese rves the right t o approve mat erials and sources of s upply, o r to supply materials to the Co ntractor if necessary, for t he progress of the Work. No ma rkup s hall 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 o f own ership, the rates an d right-of-way delay factors t o be u sed in determining rental and dela y costs shall be the edition of th e “Labor Surcharge and Equ ipment Rental Rates” published by Caltrans, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for de lay to the Contrac tor and subcontractors, if an y. The labor surcharge rates published therein are not a part of this contract.

The ren tal r ates paid shall incl ude the cost of fue l, oil, lubrication, supplies, sma ll tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included.

If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the A gency t han h olding it at the Wo rk site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency.

All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is t o be used. Manufacturer’s ratings and a pproved modifications shall be used to classify equipment and it shall be p owered by a unit of at least the minimum rating recommended by the manufacturer.

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The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site.

(d) Other Items. The Agency may autho rize other items which may be required on the e xtra work, including labor, services, material, and equipment. These items must be different in their nature from th ose re quired fo r the Work and be of a type not ordinarily avai lable from t he Contractor or Subcontractors.

Invoices covering all such items in detail shall be submitted with the request for payment.

(e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted wi th the re quest for payment . If the reque st for payment is not subs tantiated b y 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 Con tractor. The following pe rcentages s hall be added t o 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 secti on, 1 percent shall be added as compensation for bonding.

(b) Work by Subc ontractor. When all or any part of the ex tra work is pe rformed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to t he Subcontractor's actual cost of such work. A markup of 10 per cent on th e first $ 5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

3-3.3 Daily R eports by C ontractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily r eport to the E ngineer on fo rms appro ved by the Agency. Included are applicable de livery tickets , listi ng all labor, materials, and equ ipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall b e signed by the Engineer and the Contractor. In the event of disagreement, pertinent n otes shall b e entere d by each party to explain po ints which cannot b e res olved immediately. Each party shall retain a signed copy of t he 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.

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3. Show type of equipment , size, identification number, and hours of o peration, including loading and transportation, if applicable.

4. Describe other services and expenditures in such detail as the Agency may require.

3-4 CHANGED CONDITIONS. The Contractor shall pro mptly notify the Engineer of the following work site co nditions (herei nafter called chan ged condit ions), in writi ng, upon their discovery and before they are disturbed:

1. Subsurface or l atent phys ical condi tions differing mat erially from those re presented i n the Contract Documents;

2. Unknown physical condi tions o f an u nusual n ature differi ng mat erially fr om those ordinarily encountered and g enerally reco gnized a s inherent in work o f the cha racter being performed; and

3. Material differing from that represented in the Contract wh ich the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to b e removed to a Class I, Cl ass II, or Class III disposal site i n accordance with provisions of existing law.

The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer dete rmines that conditi ons a re changed con ditions and the y wil l materi ally affect performance tim e, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6.

If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.

The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.

The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim a s hereinafter specified. Compliance with this s ection shall not be required as a prere quisite to notice pr ovisions in Sec tion 6-7.3 Contract Time A ccounting, nor t o any claim that i s based on d ifferences in m easurement 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 p erforms t he wor k giving rise t o the poten tial claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon th eir d iscovery and be fore they are disturbed sh all constitute a waiver of all cla ims in connection therewith.

The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of th e date of s ervice o f 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:

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“The und ersigned cer tifies t hat the above stat ements are made in f ull cognizance o f the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a cl aim in response to the City’s proposed final estimate in order for it to be further considered.”

By: ___________________________________ Title: ______________________________

Date: _________________________________

Company Name: ______________________________________________________________

The Contractor’s estimate of costs may be updated when actual costs are kn own. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.

It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of th e 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 t o proceeding with dis pute r esolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to r esolve all disputes informally th rough the following dispute resolution chain of command:

1. Project Inspector

2. Construction Manager

3. Deputy City Engineer

4. City Engineer

5. Executive Manager, Carlsbad Municipal Water District

The Contractor shall submit a complete report within 20 working day s 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 clai m the District will, within 10 working days of receipt of s aid c laim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or req uest that the Co ntractor meet and present its r eport. When additional information or a meeting is requested, the District 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 le vel’s position up to the Executive Manager after which the Contr actor may proceed under the provisions of the Public Contract Code.

The autho rity within the dis pute res olution chain of command is limited to recommending a resolution to a claim to t he Executive Manager. Actual approval of th e claim is subject to the change order provisions in the contract.

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All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below:

9204. (a) The Legislature finds and declares that it is in the best interests of the st ate 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 o ther l aw, inclu ding, but not limi ted to, Ar ticle 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified m ail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief fr om 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 c ontractor pursuant to the contract for a public works project and payment for wh ich 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 typ e o f contractor within the meaning of Chapter 9 (c ommencing 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, d epartment, office, division, b ureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a ch arter city an d county, district, specia l district, public authority, political subdivision, public corporation, or nonpro fit transit corp oration 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 t o 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 P arks and Recr eation a s to any project u nder the ju risdiction of that department.
(iv) The Department of Corrections and R ehabilitation wi th respec t to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Profe ssions Code who either is i n 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 rea sonable review of the claim and, within a period not to exceed 45 days, shall pr ovide the claimant a written statement id entifying what p ortion of the clai m is

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disputed and wha t port ion is un disputed. Upon rec eipt of a claim, a p ublic ent ity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement i dentifying the disputed po rtion and t he undisputed portion of the c laim, and the governing body does not mee t within the 45 days or within the mutually agreed to extension of time following receip t of a cl aim sent by registered mail or c ertified mail , retu rn recei pt requested, the pu blic entity shall have up to three days following the next duly publicly noticed meeting of the governing b ody aft er the 45-day period, or ex tension, 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 en tity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an info rmal conferen ce to me et and confer for settlement of the iss ues in dispute. Upon receipt of a d emand in writing sent by r egistered mail o r certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the c laim 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 pub lic entity and cla imant sha ll m utually agree to a mediator within 10 business days aft er the disputed portion of the claim has been identified in writing. If the parties cannot agree upo n 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 u nsuccessful, the p arts of t he c laim re maining i n dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbindi ng process, including, but not limited to, neutral evaluation or a dis pute review board, in which an independent third party or board a ssists the pa rties in dispute res olution through n egotiation or by i ssuance of a n evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the publi c entity and the contractor in writing, the med iation 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 pr eclude a public entity from requi ring arbitration of disputes under private arbi tration or th e Public Works Contr act Arbi tration P rogram, 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 otherwi se meet the time requireme nts of this section s hall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entit y’s fa ilure to have responded to a claim, or i ts failure to ot herwise meet the t ime 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 requi red by this section shall bear interes t at 7 percent per annum.

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(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim aga inst a public en tity beca use privi ty of contract does n ot exi st, the c ontractor may pres ent to th e public entity a cl aim on behal f of a subcontractor or lower tier subc ontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a c laim for work whic h was performed by the subcontractor or by a lower tier subc ontractor on behalf of the subcontractor. The s ubcontractor requesting that the claim be presented to the pu blic entity shal l furnish reasonable documentation to s upport the claim. Within 45 days of receipt of this w ritten re quest, the c ontractor sha ll not ify 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 sum mary 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 t his section is void and contrary to p ublic 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, clai m, and dispute resolution procedures and requirements in addition to the provision s of this sectio n, so long as the contractual pr ovisions do n ot confli ct with or other wise 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 c ompetitive a pplication process, fo r the failure of an a wardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

In addition, all cl aims by Contractor for $375,000 or less shall be resolved in a ccordance with the procedu res in the Publi c Contract Code, D ivision 2, Par t 3, Ch apter 1, Articl e 1.5 (commencing with Section 20104) which is set forth below

ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS

20104. (a)(1) This ar ticle ap plies to all public works claims of three hund red 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 t o resolve any di sputes pursuant to Article

7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the sa me meaning as in Secti ons 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvem ent 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 pursu ant to the contract for a public work and payment of wh ich is not otherwise expressly provided for or the

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claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991.

20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must b e filed on or before the d ate of final payment. Nothing in this subdivision is intended to extend the time l imit or supersed e 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 re quest, in writing, within 30 da ys of re ceipt of the cl aim, any add itional documentation supporting th e 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 d ays after receip t of the f urther documentation or within a p eriod of time no greater tha n that tak en by the claimant in producing the additional inf ormation, 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 docu mentation supporting the c laim or relating to d efenses 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 rece ipt of t he further documentation, or within a period of time n o greater than that taken by the claimant in produci ng the a dditional inf ormation or requested documentation, whichever is greater.
(d) If the claimant disputes the local age ncy's wr itten response, or the local agency fai ls 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 agen cy's response or within 15 days of the lo cal agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement o f the issues in di spute. 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 o f the Go vernment Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled f rom t he time th e claimant submits his or he r w ritten claim pursuant to subdivision (a) until the time that claim is den ied as a result of th e meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to to rt claims and noth ing in thi s article is intended nor shall be construed to ch ange the time period s for fi ling tort claims or actions specified b y Chapter 1 (commencing with Section 900) and Chapter 2 ( commencing with Se ction 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

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20104.4. The following proc edures are est ablished for all civil act ions filed to resolve claims subject to this article:
(a) Within 60 days, but no e arlier than 30 d ays, following the filing or responsive pleadings, the court shall submi t the matter to non-binding mediation unless waived by mutual stipulation of both partie s. The me diation pr ocess s hall provide for the selection within 15 days by both parties of a dis interested third person as mediator, shall be commenced within 30 days o f the submittal, an d shall be concluded within 15 days from the comm encement of the me diation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within th e 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 Chap ter 2.5 (c ommencing with Section 1141.10) of Title 3 o f Part 3 of the Co de of Civi l Procedure, no twithstanding Section 1141.11 of th at code. The Civil Discove ry Act of 1 986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 o f 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) N otwithstanding an y other pr ovision of law, upon stipulation of the parties, arbitrators appointed for pu rposes of this art icle shall be experienced in constru ction law, and, up on stipulation of t he parties, mediators and a rbitrators sha ll be pa id necessary and r easonable hourly rates of pay not to exceed their customary rate, and such fees an d expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event sh all 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, upo n request by any party, o rder a ny witne sses to part icipate in the mediation or arbitration process.

20104.6. (a) No local agency shall fai l to pay money a s to any p ortion o f a claim whi ch is undisputed except as otherwise provided in the contract. (b) In any suit filed un der Section 20 104.4, the local agency sh all pay interest at t he legal rate on any arbitration award or judgment. The inter est shall begin to accrue on the date the suit is filed in a court of law.

Although not to be con strued as proceeding under extr a work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.

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SECTION 4 – CONTROL OF MATERIALS

4-1 MATERIALS AND WORKMANSHIP.

4-1.1. General. All materials, pa rts, and e quipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally ac cepted standards. Material and work quality sha ll be su bject to the En gineer’s approval.

Materials and work quality not conformin g to the requ irements of th e Specificat ions sh all be considered de fective and wil l be subject to reje ction. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer.

If the Co ntractor fails to replace any defective or d amaged work or material after reasonable notice, the En gineer may cause such work or mater ials to be r eplaced. The replacement expense will be deducted from the amount to be paid to the Contractor.

Used or secon dhand materi als, pa rts, and equipment m ay be used only if permitted by the Specifications.

4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserv e t he specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection.

The Contractor shall also adequately protect new and existing work and al l 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 whi ch have b een in stalled or deli vered an d whi ch may be necessary for the completion of the Contract.

4-1.3 Inspection Requirements.

4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items a s bituminous paving m ixtures, s tructural conc rete, metal fabrication, meta l casting, welding, concrete pipe manufacture, prot ective coating a pplication, and similar shop or plant operations.

Steel pipe in s izes less than 6 inches and vitrified clay and cast-iron pipe in all s izes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by t he Agency. St andard i tems of equip ment such as el ectric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such a s designed electric al panel boar ds, lar ge pum ps, se wage pla nt eq uipment, etc., are subject to insp ection a t the s ource, normally only for performance testing. The Specifications may require inspection at the source for other items not typical o f 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

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the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industria l Safety, Subchapter 4, Construction Safety Orders and such other saf ety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to k eep the Engineer fully informed reg arding progress and manne r 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 Locall y Produced. When the Co ntractor int ends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer) , shall be engage d by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requi rements of th e Pla ns and Specifications. The Contractor shall forwar d reports required by the Engineer. No material or equipment shall be shipped nor shall an y processing, fabrication or treatment of such materials be done without proper i nspection 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 Agen cy will p rovide all inspection and testing laboratory servic es within 50 mile s of the geo graphical l imits of the Ag ency. For pr ivate contracts, all costs of i nspection at the source, including salaries and mil eage 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 En gineer may r equire, at no cos t to the Agenc y. The Contractor, at its expense, shall deliver the materials for test ing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial test ing will be performed under the direction of the Engineer, and at n o expense to t he 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 mat erials for w hich tes ts are speci fied, t o allow sufficient t ime 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 Wo rk, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained.

Except as s pecified in t hese P rovisions, the Agency will bear the cost of testing of l ocally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requ irements indica ted in the Stand ard Specifications, Technical Speci fication, 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 i s found that sources o f supply that have been appr oved do not furn ish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall

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furnish approved material from other approved so urces. I f any prod uct proves un acceptable after improper storage, handling or for any other reason i t shall be r ejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense.

Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place a long the work as deemed necessary by the Engineer. The costs of any ret ests made necessary by noncompliance with the specifications shall be borne by the Contractor.

4-1.5 Certification. The Engine er may wai ve mat erials testing requirements of the Specifications a nd accept t he manufacturer’s wr itten certification that the ma terials to be supplied meet those requirements. Material test data may be required as part of the certification.

4-1.6 Trade Names or Eq uals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whe ther 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 compr ehensive, o r i n order of preference. The Contractor may offer any material, pro cess, or equipment considered t o be equivalent to tha t 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 r equired by the En gineer to determine that the quality, s trength, phy sical, c hemical, or othe r characteristics, in cluding durability, finish, efficiency, dimensions, service, and suitability ar e such that the it em will fulfill its intended function.

Test methods shall be s ubject to the appro val 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 off ered 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 s hall not be affecte d by any c ircumstance 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 det ermined to be uns atisfactory in p erformance, appearance, durability, compatibility with asso ciated items, availab ility of re pair 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 M etering Equi pment. All scales an d me tering equipment used for proportioning materials shall be inspected for accuracy a nd certified within the past 12 mon ths 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.

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The accuracy of the work of a scal e service agency, except as stated herein, shall meet the standards of the Califo rnia Bu siness and Professions Code a nd the Cal ifornia Co de of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, t o the Engineer fo r approval and sha ll be renewed whenever req uired by the Engineer at no cost to the Agency.

All scales shall be arranged so they may be rea d easily from th e operator’s platform or area.

They shall indicate the true net weight without the application of an y factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch.

4-1.8 Calibration of Testing Equ ipment. Testing equi pment, such as, but not li mited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to t he Engineer at intervals not to excee d 12 months and following repairs, mo dification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.

4-1.9 Construction Materials Dis pute Resol ution (Soils, Rock M aterials, Concre te, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Pro ducts, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contr adict the test values of materials, the Agency and t he Contractor will initiate an immediate and cooperative investigation. Test values of materials are res ults of the materi als’ tests, a s def ined by these Spe cifications or by the specia l p rovisions, required to acc ept the Work. C redible evidence is process obs ervations or test val ues gathered u sing industry accepted practices. A contradiction exists whenever test values or process observations of the same or s imilar materials are diverse enough such that t he work ac ceptance or performance becomes suspect. T he i nvestigation shall al low access to all test results, procedures, and facilities rel evant to the disp uted work and cons ider all avai lable information and, when necessary, g ather new and additional information in an attemp t to determine the v alidity, the cause, and if n ecessary, the remedy to the contradiction. If the cooperative investiga tion reaches any resolution mechani sm acceptable to b oth the Agency an d the Contr actor, the contradiction shall be co nsidered r esolved an d the cooperative in vestigation concluded.

Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the ot her requesting the impl ementation o f a reso lution process b y committee. The cont inuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 ca lendar d ays after receiving a request. Withou t acknowledgement, the invest igation sh all 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 e ach select one e ngineer. With in 14 cale ndar days of the wri tten request notification, the two selected engineers will select a third engineer. The goal in sel ection of the third member is to co mplement the professional experience of the fi rst two engineers. Should the two en gineers fail to select th e third engineer, the Agenc y an d the Contractor shall each propose 2 engineers to be the third member within 21 ca lendar days after the written reque st notification. T he first two engi neers previ ously s elected sh all then select one of the fo ur proposed engineers in a bli nd draw. The com mittee shall be a con tinuance of the cooperative investigation and will re -consider all available in formation and if necessary, gather n ew and additional information to determine the validity, the cau se, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using

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standard engineering principles and pra ctices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the commit tee will have 30 calendar days from its formation to complete their review and submit their findings.

The fin al resolu tion of the c ommittee shal l b e by m ajority opi nion, i n writing, stamped and signed. Should t he final r esolution no t be una nimous, the dissenter may at tach a wr itten, 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 b y the mutual agreement of the Agency an d the C ontractor. Un less otherwise agreed, the Co ntractor shall bear and maintai n a reco rd for al l 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 cau se, the investigation wil l assign costs co operatively with e ach p arty or when necessary, equall y. Should the inve stigation be unable to sub stantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded.

4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in S ection 6-7.2, and shall be accompanied by bills of ladi ng tha t shall c learly state for e ach delive ry: the name of the Contractor a s consignee, the project name and numbe r, address of delivery and name of c onsignor and a description of the material(s) shipp ed. Prior to stor age of any materia ls which have been shipped to or by the Contractor to any location within the A gency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shal l 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 th e materials are st ored. Loss, da mage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and ou tside 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.

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SECTION 5 – UTILITIES

5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which are known to exist within the lim its of the work. However, the a ccuracy and/or co mpleteness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed.

Where unde rground main distribution c onduits such as wat er, gas, sewer, ele ctric po wer, telephone, or cable television are shown on th e Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility.

As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall c ontact th e regional notification c enter (Underground Service Alert of Southern California) and obtain an inquiry identification number.

The California Department of Transportation is no t required by Section 4216 t o become a member of th e regional notifica tion cente r. The C ontractor sha ll contact it for lo cation of its subsurface installations.

Prior to pipeline excavation, t he Contra ctor sha ll determine, by potholing, the locat ions and depths of all utilities which are shown on the Contract Documents or have been marked by the utility owners and which may affect or be affected by its operations. The Contractor shall pothole all service connections, utilities that cross or parallel (within 5 feet) the proposed construction, and all connection points to exis ting utilities. Th e Contractor shall reco rd th e material size (diameter a nd wall thickness), t ype of pipe , joint type, and horizon tal and v ertical locations (bearing and slope) and submit the data and allow time for the Engineer’s review in accordance with Section 2-5.3.

If no separate pay item is provided in the Contract for potholing, full compensation for such work shall be co nsidered included in the bid item of work requiring th e potholing and no sep arate payment shall be made therefor.

5-2 PROTECTION. The Contrac tor s hall not interrupt th e se rvice function or distu rb the support of any utility without auth ority f rom the owne r or ord er 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 ut ilities located as sh own 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 exi stence 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 imm ediately notify th e Engineer and the utility owner if any utility i s 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 plac ing concrete around or con tiguous t o any n on-metallic utility i nstallation, the Contractor shall at its expense:

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1. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or

2. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or

3. Provide other acceptable means to prevent embedment in or bonding to the concrete.

Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utilit y i nstallation; or where the coating, be dding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.

5-3 REMOVAL. Unless otherwise specifi ed, the Contractor s hall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the a bandonment is complete, and the costs involved in t he removal and disposal shall be included in the Bid for the items of work necessitating such removals.

The costs involved in the removal and disposal shall be considered incidental to the bid items of work necessitating such removals and no separate paym ent shall be made therefor, unless a bid item for “Removal” is specifically included in the bid proposal.

5-4 RELOCATION. When fe asible, the owners responsible for utilities w ithin the area affected by th e Work will complete their necessary installations, relocations, rep airs, or replacements before co mmencement of work by the Contractor. Wh en the Pla ns or Specifications indicate that a ut ility instal lation i s to be relocated, altered, or construc ted by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as directed and approved by th e City. Utilities which are relocated in order to avoid interference shall be protected in their p osition and the c ost of such protec tion shall be included in the Bid f or 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 reconstru cted by the owne rs, 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 Specif ications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall b e included in the Bid for the items of work necessitating such wo rk. Temporary or permanent relocation o r alteration of util ities 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 W ork or within tem porary con struction or slope easements. Wh en dire cted by t he Eng ineer, the Contractor shall arrange for the r elocation of ser vice connections as necessary b etween t he meter and property line, or be tween a me ter and the limits of temporary constru ction or s lope easements. The relocati on of such service co nnections will be pa id for in accordance with provisions of Section 3-3. Pay ment will include the restoration of al l ex isting improvements which may be affected thereby. The Contractor may a gree wi th the own er of any utility to

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disconnect and reconnect int erfering service connections. The Agency will not be involve d 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 a ll utility structures within the limits of work by any utility agency or company, or its contrac tor, 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 th e plans a nd are note d as bein g loca ted, relocated or ar e 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 interfer e with th e c onstruction, the Contracto r, upon th e Engineer’s approval, may be permitted to temporarily omit the portion of work affect ed by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or oth er phys ical cont rol markers sufficient to loca te the cu rb or curb and gutte r to t he satisfaction of t he utility agency or comp any. Such tempo rary omission shal l be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, mater ials or delay asso ciated wit h the tempo rary omi ssion. The p ortion th us omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer.

5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of uti lities. Said notif ication shall be included as a part of the constructi on schedule required in Se ction 6-1. The Contra ctor shall not ify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities.

The Contractor will n ot be entitled to damages or additional payment for delays attributable to utility reloc ations or alterations if corr ectly located, noted, and completed in accordance w ith Section 5-1.

The Contractor may be given a n extension of time for unforeseen delays attributable to unreasonably protracted interfer ence by u tilities in performing work c orrectly s hown on the Plans.

The Agency will assume responsibility for the timely removal, relocation, or protection of existing main o r t runkline uti lity facilities wi thin the a rea affected by the Work if such utilities are n ot identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failu re of A gency to pr ovide for the timely r emoval, relocation, or protection of such existing facilities.

If the Contractor sustains loss due to delays attributab le to interferences, relocations, or alterations n ot cov ered by Section 5-1, whic h could not hav e 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 an d reasonable compens ation for such part of the Co ntractor’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. Cl ose cooperation wi th CMWD Operations staff will be required prior to water utility shutdowns, construction, testing, and project completion.

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SECTION 6 – PROSECUTION, PROGRESS,

AND ACCEPTANCE OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

Except as other wise provided herein and un less othe rwise prohibited b y permits from other agencies as may be required by law the Contractor shall begin wor k within ten (10) cale ndar 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 Contract or’s management personnel responsible for the management, administration, and execution of th e project is mandatory for the meet ing to be con vened. Failure of the Contr actor to h ave the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting.

6-1.1.1 Baseline Construct ion S chedule. The C ontractor shall prepare the Baseli ne Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activ ity-on-node) fo rmat and su bmit the sc hedule in acc ordance with 2 -5.3. The schedule shall:

A. Be prep ared u sing a commercially available, Windows compati ble software program, “Suretrak” by Primavera or “Project” by Microsoft Corporation or approved equal.

B. Be prepared i n hard copy (p aper) and e lectronic (Adobe PDF) format and free of f ile locking, encryption or any other protocol that would impede full access to the data and labeled with the proje ct name and nu mber, t he Contractor’s name and the date of preparation.

C. Begin with the date projected for the Notice to Proceed and conclude with the date of final completion conforming with the Contract time.

D. Depict a time-scaled n etwork diagram of all a ctivities, log ic r elationships of interdependent activities, and milestones comprising the comp lete period of Work with tasks on the vertical axis and their d urations o n the horizontal axis. Use distinctive texture patterns or line types to show the critical path within the Contract time. Include a tabular listing of each activity and its identification nu mber, description, duration, early start, early f inish, late start, late finish, total float, and all p redecessor and successor activities. The number of activities wil l co mmunicate the Cont ractor’s plan fo r project execution, accurately describe the project work and allow monitoring and evaluat ion of progress and time impacts. Activity descriptions shall accurately define the work planned for the activity. Activity durations shall not be shorter than 1 work ing day or longer than 15 working days unless approved by the Engineer.

E. Include detail of all project phasing , staging and sequencing i ncluding all miles tones necessary to define beginning and ending of each phase or stage and constraints which may impact any activity. Include time allowances for coordination with utility companies and other agencies, equipment and material deliveries, submittal reviews and approvals,

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traffic contro l setup and phasing, Work performed b y other s, inspections, testing and commissioning, corrective work, and any non-work periods.

Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. A schedule which shows a project duration longer than the Contract Time will not be acceptable and will be grounds to consider the Contractor in default of the Contract per 6-4.

The Engineer m ay choose to ac cept the Contra ctor’s p roposal of a p roject duration which i s shorter than the Co ntract time pro vided the shorte ned Baselin e Construction S chedule is reasonable and demonstrates, to the satisfaction of the Engineer, that the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the s hortened schedul e. Acceptance o f a shortened Baseline Const ruction Schedule wi ll be confirmed through the execution of a Change Order revising the Contract time.

The Engineer ’s approval of the Bas eline Construction Schedule is a condition p recedent to issuance of the Not ice to Proc eed. If the schedule does not meet the requirements of thes e specifications, the Contractor shall revise the schedule and resubmit it to the Engineer. Failure to obtain the Engineer’s approval of the schedule within twenty (20) working days after the date of t he pr econstruction meeting s hall b e grounds to consider the Contractor in d efault of the Contract per 6-4. The number of working days used by t he Engineer to review the in itial Baseline Co nstruction Schedule su bmittal will no t be included i n the 20 working days. The Engineer shall comp lete subsequent r eviews o f the revised sche dule and progress updates within 5 working days of receipt. The Engineer’s response to each review will consist of one of the following:

“Accepted.” Th e Contra ctor ma y proceed w ith t he W ork upon issuance of the Notice to Proceed. Payment for the schedule ma y be requested by the Contractor.

“Accepted with Com ments.” The Con tractor may proceed wi th the Work upo n issuance of the Notice to Proceed. The Contractor must revise and resubmit the schedule and receive the Engineer’s acceptance of the schedule before payment for the schedule is requested by the Contractor.

“Not Accepted.” The Contractor may not proceed with the Work, must revise and resubmit the schedule and may not request payment for the schedule.

6-1.1.2 Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon the completion level of each activity as a bas is for progress paymen ts. Schedule updates shall conform wi th the requirements for the i nitial submittal in 6-1.1.1 and shall:

A. Show the actual dates of each activity start and/or finish during the month. The schedule update shall include specific notation for any changes in actual dates after they are first reported.

B. Report the perce nt complete for each activity in progress at t he end o f the month as determined by the Engineer.

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C. Include a list and explanation of all changes made to the a ctivities, dates or interconnecting logic.

D. Include activi ty and network revisions reflecting the Change Orders approved i n th e previous month as agreed up on during the review and acceptance of t he Ch ange Orders.

The Engineer’s responses to the progress schedule updates shall be as described in 6-1.1.1.

The Contractor shall proceed with Work and request payment for the progress schedule updates as described therein.

If the Co ntractor f ails to submit the progress schedule updates as required herein, the Contractor may elect to proceed with the Work at its own ris k and shall forfeit payment for the progress sch edule update until c ompliance is met. If the Contractor elects to d elay or cease Work after fa ilure to submit the pr ogress sche dule upd ates, any resulti ng delay, impact, or disruption to the Work will be the Contractor’s responsibility.

6-1.1.3 Interim Re visions. Should the actual or project ed progress of the Work exceed 5 percent o f the Contract Time, the Contractor shall prepare and submit a rev ised Ba seline Construction Schedule independently of and prior to the next progress schedule update with a list and explanation of each change made to the schedule. The submittal, schedule review and acceptance requirements of 6-1.1.2 shall apply,

6-1.1.4 Late Completion or Milestone Dates. If a schedule update indicates a completion date later than the Contract time or cont ractually required milest one completion date, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent schedule update which removes all or a p ortion of the dela y be “Accepted” by the E ngineer, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following such acceptance.

6-1.1.5 Final Schedule Upd ate. The Contractor shall prepare and submit a fina l sch edule update when o ne hund red p ercent o f the Work is com pleted. The update must a ccurately represent the actual d ates for all activities. The fina l schedule update shall be prepared and reviewed in ac cordance with 6-1.1.2. Acceptance of the final sche dule update is required for release of funds retained per 9-3.2.

6-1.1.6 Measurement and Payment. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made therefor.

6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is fai ling to pr osecute the W ork to the pr oper 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 ta ke the necessary steps to fully a ccomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps.

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As soon as poss ible under t he provisions of the Sp ecifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work.

If Work i s 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 C ontractor fails to properly pro vide for public safe ty, tr affic, a nd prote ction o f the Work duri ng periods of suspension, the Agency may e lect to do so, and deduct the cost th ereof from monies due t he Contractor. Such actions will not relieve the Contractor from liability.

The Contractor shall incorporate non-work days, moratoriums, special events or restricted work hours or dates specified in the Contract Documents into the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustments of contract time will be allowed as a consequence of these scheduling constraints.

Constraints include, but are not limited to, the following:

• No pipeline construction or paving work during the peak tourist season between Memorial Day (May 27, 2024) and Labor Day (September 2, 2024). • No work during the Carlsbad Marathon ( usually scheduled for the second Sunday in January 2025).
• No work during Thanksgiving Week, November 18-22, 2024. • No work during Christmas week through New Year, December 23, 2024 to January 3, 2025.
• Public access to the beach west of the Project site shall be maintained at all times and pedestrian detours, as may be necessary, shall be shown on the traffic control plans. • Equipment and materials must be staged outside of Carlsbad Boulevard and Cannon Road, and as approved by the Agency.
• Equipment and materials will be demobilized and the site cleaned at the end of each work day.
• All work within City of Carlsbad right-of-way will require approved traffic control plans. • All work within and adjacent to North County Transit District right-of-way at Cannon Road shall be coordinated through and in accordance with NCTD permits. • Southern California Gas will require monitoring during excavations within 10 -feet of existing gas lines. The Contractor shall coordinate monitoring with So Cal Gas. • San Diego Gas and Electric (SDG&E) will require monitoring of excavations within 10 - feet of existing gas lines. The Contractor shall coordinate monitoring with SDG&E. • SDG&E North Coast Dist rict Facility (APN 210 -010-40) – The maximum duration of the service interruption for the water service replacement shall not exceed 8 hours (Cannon Road). This work must be performed at night or on the weekend or the water service must be temporarily supplied via a highline installed by the Contractor. • NRG S ervice Shutdown – The maximum duration of t he service interruption for fire service replacement shall not exceed 8 hours (Cannon Road, Station 63+53). • San Diego County Water Authority (SDCWA) owns and operates the 54 -inch Desalinated Water Conveyance pipeline in Cannon Road. Provide at least two (2) weeks notice to SDCWA prior to performing work in Cannon Road across or parallel to this pipeline.

6-2.1 Order of Work. The work to be done s hall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Work as shown or specified on the Contract Documents. The work descriptions in this section are an overview only and shall not relieve th e Contractor from its responsibilities to co nduct all coordination and perform the

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Work in acc ordance with the Contract Documents. The Contractor shall conduct the following general work activities:

1. Submit construction schedule, schedule of values, working drawings and shop drawings and sec ure necessary permits and appr ovals in accordance w ith t he Contract Documents. Develop and submit a Work Plan identifying staging areas and haul routes and describing the materials, equipment and procedures for each phase of the Work and submit the Work Plan in accordance with Section 2-5.3.

2. At least ten days, but no more than 30 days prior to start of construction, coordinate with the City and its qualified environmental consultant for preconstruction activities and monitoring requirements (the Agency will conduct monitoring if required).

3. Secure laydown/staging areas including any off-site staging area(s) if necessary. The Contractor shall submit the location of the temporary staging area(s) three weeks prior to the start of construction activity. The staging area shall be in previously disturbed or developed areas. No staging areas shall be allowed to be within sensitive biological habitats.

4. Complete the Appli cation for Water Meter Permit ( Form E-27) to obtain a construction water met er from the City for any te mporary water us age througho ut the duration of construction.

5. Conduct surveying and staking of areas to be graded, pipeline alignments and proposed improvements and appurtenances, limits o f right-of-way or easement s. Conduct Underground Service Alert (DigAlert) notification and utility mark-out after completion of surveying and staking. Conduct pre-construction video and photographs of haul routes and work areas showing construction stakes and/or alignment stationing.

6. Mobilize labor force, materials and equipment for subsequent phases of Work and install temporary faci lities and BMPs , traffic c ontrol and excavation safety measures. The installation of temporary construction BMPs shall precede ground disturbing activities.

7. Pothole all util ities th at cross or p arallel (within 5 feet of) planned excavatio ns and immediately not ify the Engineer of any p otential conflicts. Submit p otholing d ata in accordance with Section 2-5.3. Pavement saw-cutting or excavation shall not commence at any constr uction heading until the project alignments have been staked and existing utilities have been potholed and confirmed by the Contractor to have no conflict with the Work.

8. Submit a pipeline highlining plan for all domestic water or fire services to be highlined during t he Work as noted o r requ ired by th e Con tract Documents . Temporary water meter shall be secured by the Contractor. The wa ter source location shall b e as approved by CMWD and the Contractor shall pay all fees for the temporary meter.

9. Submit a Utility Sh utdown/Connection Request (Form E-28, Appendix “B”) with two weeks advance notice and all required information. CMWD forces will isolate the existing water ma ins for each construction heading on t he date so approved . The Contractor shall dewater the pipeline and excavations.

10. Remove existing p ipelines or appurtenances s pecified for removal or that are abandoned (or to be abandoned) and in conflict with the work as specified or required .

Salvage existing equipment to the District whe re specified. Construct the new pipelines, isolation valves, appurtenances (e.g., air valve and blow -off assemblies) and utility services. Install thrust restraint systems and backfill all excavations.

11. Conduct h ydrostatic pressure testing and disi nfection of new pipe systems in accordance with Carlsbad Engineering Standards.

12. Complete the connec tions to the e xisting water main s, place and compact backfill, aggregate base, and restore finished surfaces to original or better condition, inc luding

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but not limited to, pavement restoration and existing landscape and irrigation repairs in areas disturbed by construction.

6-2.2 Construction Phasing. The following construction phase guidelines are provided for the Contractor’s use in developing the construction schedule and a Work Plan that describes the labor, materials, equipment and procedures to conduct the Work. The work of any single phase shall be completed prior to beginning th e work of a subsequent phase unle ss otherwise specified or approved by the Engineer.

The phasing guidelines listed h erein are not intended to be a complete list of all construction activities and shall not relieve the Contractor from its responsibilities to coordinate and perform the Work, revise the phasing descriptions, or to develop additional phases or revise the order of phasing as necessary t o complete the Work i n its entirety i n accordance w ith the Contract Documents. Any m odification of the p hasing d escribed b elow sh all be appro ved by the Engineer.

Sewer Improvement Phases:

1. Carlsbad Blvd. (from Shore Dr. North to Cannon Rd .) and Cannon Rd . (from Carlsbad Blvd. to El Arbol Dr.): Establish a temporary sewer bypass from MH 27B-32 to MH 27B- 66 and include provisions for bypassing the three sewer laterals for 5 080 Carlsbad Blvd, 5070 Carlsbad Blvd, and 101 Cannon Rd. Clean and prepare the pipe for CIPP lining.

Install 10-inch CIPP lining, Top Hat sewer lateral connections and perform inspection of the completed lining system. Rehabilitate the manholes with polymer concrete inserts.

Reinstate the sewer main to service.

2. Carlsbad Blvd. from Shore Dr. South to Cerezo Dr. Establish a temporary sewer bypass from MH 27B-62 to MH 27D-15 and include provisions for bypassing nine sewer laterals for 5290, 5300, 5310, 5320, 5340, 5360, 5370, 5380 and 5390 Carlsbad Blvd. Excavate and remove the existing 6 -inch VCP sewer pipe, c onstruct new 8-inch PVC sewer pipe, and perform testing and inspection of the new sewer pipe. Rehabilitate the manholes with polymer concrete inserts. Reinstate the sewer main to service.

Water Improvement Phases:

1. Carlsbad Blvd between Ma nzano Dr. and Cannon Rd.: Construct the new 12-inch PVC water main in Carlsbad Blvd between STA 43+35 (south of Manzano Dr.) and STA 13+90 (at Cannon Rd.) , together with all appurtenances, water services, water meters , meter boxes, and branching water mains at Manzano D r., Shore Dr. South , and Shore Dr.

North. Conduct hydrostatic pressure testing and disinfection of the new PVC pipe.

Connect the new pipeline to the to the existing water main at STA 43+49, south of Manzano Dr. Temporarily connect the new hydrant piping at STA 30+64 (at Cerezo Dr.) to the existing fire hydrant . Do not connect the new branching water mains to the existing water mains at Shore Dr. North, Shore Dr. South and Manzano Dr.

With the new 12-inch water main in service between STA 43+ 49 and ST A 13+90, connect the new water service assemblies along Carlsbad Blvd to the existing private water se rvices. Diligently proceed to restore private improvements damaged during construction (pavements, fencing, landscaping, etc.) after connection of the private water services.

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2. Tierra del Oro St.: Construct the new 8-inch PVC water main and appurtenances between STA 20+00 and STA 21+00 with all appurtenances and conduct hydrostatic pressure testing and disinfection of the new PVC pipe. Install the new valve assembly at STA 21+00 and connect the new 8-inch water main to the existing 8-inch water main at STA 20+00 and the new valve assembly STA 21+00.

3. Carlsbad Blvd between Tierra del Oro St. and Cannon Rd.: Remove the existing 12-inch AC water main and construct the new 12 -inch PVC water main with all appurtenances between STA 9+91 (Tierra del Oro St. ) and STA 13+70 (Cannon Rd ). Conduct hydrostatic pressure testing and disinfection of the new PVC water main. Connect the new 12-inch PVC water main to the new valve assembly at STA 9+91.

4. Carlsbad Blvd at Cannon Rd.: Construct the new 12-inch PVC water main between STA 13+70 and STA 13+90 and install the new valve assembly at STA 13+79. Connect to the new water mains installed in Water Improvement Phases 1 and 3.

5. Shore Dr. North, Shore Dr. South, Manzano Dr.: Connect the new branching water mains to the existing water mains at Shore Dr. North, Shore Dr. South, and Manzano Dr. Install the new fire hydrant at STA 30+64 (at Cerezo Dr.).

6. NRG Energy Water Service: Install the new 3-valve assembly and 8-inch water service serving NRG Energy at STA 63+53 Cannon Rd. (maximum shut down duration is 8 hours).

7. El Arbol Dr.: Install the new 8-inch PVC water main in El Arbol Dr. and the new 3-valve assembly and STA 57+37 Cannon Rd., with all appurt enances. Connect to the existing 10-inch AC water main in Cannon Rd.

8. NCTD Railway Crossing: Excavate the launching and receiving pits and set up the pipe ramming system. Install the 24-inch casing via the pipe ram method.

9. Cannon Rd. between El Arbol Dr. and STA 63+53: Install a temporary highline for the existing water service at Terramar Sewer Lift Station. Construct the new 12-inch PVC water main and appurtenances from El Arbol Dr., through the steel ca sing at the N CTD railway crossing , and continuing to the NRG Energy water service at STA 6 3+53.

Conduct hydrostatic pressure testing and disinfection of the new PVC water main.

Connect the new water main to the new valve assembly at El Arbol Dr . and to the new valve assembly at STA 63+53.

10. Cannon Rd. between Los Robles Dr. and El Arbol Dr.: Install a temporary highline for the existing water services between Los Robles Dr. and El Arbol Dr. (5050 Los Robles Dr, SDG&E North Coast Facility (max. 8-hour shut-down on nights or weekends ), and 5081 El Arbol Dr. ). Construct the new 8-inch PVC water main and appurtenances in Los Robles Dr., the new 3-valve assembly at STA 53+32 Cannon Rd, and the new 12-inch PVC water main and appurtenances between Los Robles Dr. and El Arbol Dr. Conduct hydrostatic pressure testing and disinfection of the new PVC water mains. Connect the new water main to the new valve assembly at El Arbol Dr. and to the existing water main in Los Robles Dr . Connect the new water service assemblies to the existing private services.

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11. Cannon Rd between Carlsbad Blvd to Los Robles Dr. : Install a h ighline for the existing water service between Carlsbad Blvd and Los Robles Dr. Construct the new 12-inch PVC water main and appurtenances from Carlsbad Blvd to Los Robles D r. Conduct hydrostatic pressure testing and disinfection of the new PVC water main. Connect the new water main to the new valve assembl ies at Carlsbad Blvd and Los Robles Dr .

Connect the new water service assembly to the existing private service.

The work in this phase may be combined with Phase 1 0 if all existing water services between Carlsbad Blvd. and El Arbol Dr. are temporarily highlined.

12. Cannon Rd. between STA 63+53 and Avenida Encinas: Remove the existing 12-inch AC water main and construct the new 12 -inch PVC water main with all appurtenances between STA 63+53 and Avenida Encinas . Conduct hydrostatic pressure testing and disinfection of the new water main . Connect the new water main to the new valve assembly at STA 63+53 and the existing valve at Avenida Encinas.

The work in this phase may follow Phase 6.

13. Carlsbad Blvd Water Main Abandonment: Abandon the existing AC pipe water mains on the east and west shoulders of Carlsbad Blvd.

14. Construct final paving and restore pavement striping, markings and markers.

15. Restore the site to the condition existing prior to the start of Work and in accordance with the Contract Documents.

6-2.2.1 Phasing Criteria . The Contractor shall accommodate the following criteria into the construction schedule and Work Plan:

1. All construction activities shall comply with the scheduling constraints identified in these specifications or as determined by CMWD during review of the Contractor’s Work Plan.

2. Utility Shutdown/Connection Request (Form E-28) must be submitted at least two weeks prior to the desired date for a water main shutdown. The Agency will isolate all pipelines.

The Contractor shall conduct all dewatering and water disposal.

3. Existing water mains ma y require a cut and plug and thrust block to achieve the specified phasing or to limit the duration of water service interruption . Cut and plug locations shall be submitted in accordance with 2-5.3.

4. When domestic water or fire service interruptions are necessary, no customer shall be without wate r for longer th an 8 hours unless other wise specifi ed or approved. If the planned water service shutdown duration exceeds the duration specified, the Contractor shall submit a highline plan for approval and provide all highlining prior to the shutdown.

5. Each excavation for pipeline connections or dewatering points shall be lined with plastic sheeting and a layer of ¾” rock with a sump and pump for dewatering. Existing isolation valves may not provide drip-tight shut off and the Contractor shall implement all means and methods necessary to handle water leakage during pipeline connection work.

6. At least 2 working days prior to the shutdown:
a. All underground utilities and pipe diameters shall be verified in the presence of the Inspector;
b. All dewatering shall be functioning and demonstrated to the Inspector;

7. Excavations must be b ackfilled or securely s hored and plated if unattended by the Contractor’s personnel and at the end of each work day.

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8. Excavations shall be backfilled and the base course of paving pl aced within 3 working days of energizing the respective pipeline segment.

6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative sha ll a ttend each Project Meeting. The Project Representative shall be the individ ual determi ned under Section 7-6, “Th e Contractor’s Representative”. No separate payment for attendance of th e C ontractor, the Contract or’s Representative or any other employee or subcontractor or su bcontractor’s employee at these meetings will be made.

6-3 SUSPENSION OF WORK.

6-3.1 General. The Work may b e sus pended in whole o r in part when de termined by the Engineer that the suspension is necessary in the interest of th e Agency. The Contractor shall comply immediately with any wri tten order of the Engin eer. Such s uspension shall be wi thout liability to the Contractor o n the part o f the Agency except as otherwi se specified in Section 6-6.3.

6-3.2 Archaeological a nd Paleo ntological Di scoveries. The C ontractor sha ll include 15 working days for coordination with the Archaeological and Cultural Monitor in t he construction schedule.

If discovery is made of items o f archaeological or paleon tological interest, the Contractor shall immediately cease excavation in the ar ea of discovery and shall not continue until ordered by the Engineer. W hen 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 e xtension and compensation in accordance with Section 6-6.

6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begi n delivery of material and equipment, to commence the Wo rk within the time specified, to main tain the rate of delivery of material, to execu te the W ork in the manner and a t such locations as specified, or fails to maintain the Work schedule which will insu re the Agency’s interest, or, if the Contractor is no t carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on i ts Faithful Performance Bond demanding satisfactory compliance with the Contract.

The Contract may be cance led 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 wit hout the Board’s co nsent. In the event of s uch 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 t o the Age ncy by ac ts of the Contractor. T he C ontractor, in havin g tendered a Bid, shall be deemed to have waiv ed any a nd all claims for damages b ecause of cancellation o f 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 serve d upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor.

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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 Ag ency for all work perfo rmed 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 paya ble to the Surety as the Work p rogresses, subject to th e terms of t he Contract.

If the Surety does not assume control and perform the Work within 5 days after receiving notice of canc ellation, or fails to con tinue to c omply, the Agenc y ma y e xclude the Sur ety from th e premises. The Agency may then take possession of all m aterial and equipment and complet e the Work by Agency forces, by let ting the unf inished Wo rk to another C ontractor, o r b y a combination of suc h methods. In any event, t he cost of completing the Work shall be charged against the Contractor and i ts Surety and may be d educted from any mon ey due or becomin g due from the Agency . If the sums d ue 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 i ts own discretion or when conditions encountered during the Work mak e it impossible or impracticable to proceed, or when the Agenc y 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 de lays are ca used by unf oreseen events beyond t he control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6 -6.3. Such unforeseen e vents may include war, government regulations, labor disputes, str ikes, fires, floods, adverse weather or elemen ts ne cessitating cessation of w ork, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications.

No extension of time will be granted for a del ay 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 d elays beyond the Contracto r’s c ontrol are caused by events oth er tha n those me ntioned above, the Engineer may dee m an extens ion of time to be in the best intere st of the Agency.

The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3.

If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.

6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted f or noncontrolling delays to minor po rtions of the Work unless it can be shown that such delays did or will delay the progress of the Work.

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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 d etermination of what da mages the Con tractor could have a voided will be ma de 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 worker s or equipment on standby for any re ason that the Con tractor has determined to be cause d 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 o f d elay. The initial a nd continuin g w ritten notices shall i nclude the classification of ea ch workman and s upervisor and t he mak e and mode l of e ach pie ce o f equipment placed on standby, the cumulative duration of the stan dby, the Contractor’s opinion of the cause of the delay and a cogent e xplanation of why the Con tractor could not avoid th e delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.

6-7 TIME OF COMPLETION.

6-7.1 General. The Cont ractor shall complete t he Work withi n the time set f orth i n the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contr act for such portion. The time of completion of t he Contrac t shal l be expressed in calendar days. The Contra ctor shall di ligently prosecu te the work t o co mpletion within 280 working days after the starting date specified in the Notice to Proceed.

6-7.2 Working Da y. A working d ay is any d ay wit hin the period between th e start of the Contract t ime as defined in Section 6-1 and the date pro vided f or completion, or upon field acceptance by the Engineer for all work provided for i n the Contrac t, whichever occu rs f irst, other than:

1. Saturday or Sunday,

2. any day designated as a holiday by the Agency,

3. any day identified as a construction moratorium due to special events or holiday periods,

4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor o r on beh alf of the Contractor as an eligi ble member of a contractor association,

5. any day the Contractor is prevented from working at the be ginning 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.

In addition to Agency holidays, open excavations and service shutdowns will not be allowed on the day prior to Thanksgiving and between December 23 and January 1.

Main line or service shutdowns will not be allowed on Mondays and Fridays.

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Unless otherwise approved in writing by the Engineer, the hours of work shall b e between the hours of 8:00 a.m. and 4:30 p.m. on Mondays through Fridays, excluding Agency holidays and other restricted days or times as specified in 6-2.

The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or a t any t ime du ring weekends and/or holidays. This written perm ission 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 b est interests of the Ag ency. The Cont ractor shall pay th e inspection costs of such work.

The Contractor shall incorporate the dates, areas and types of work prohibited elsewhere in the Contract Documents into the construction schedule. No additional payment, adjustment of bid prices or adjustment of co ntract t ime of com pletion will be allowed as a c onsequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.

Contractor is hereby a dvised tha t th e En gineer may require af ter hour s or weekend work if required for the protection and safety of existing facilities, workers or the public.

6-7.3 Contract Time Accounting. The E ngineer wi ll make a dail y determ ination of each working day to b e 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 be ginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest wi thin 1 5 days after rec eipt, sett ing forth the fa cts of the pr otest.

Otherwise, the statement will be deemed to have been accepted.

6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.

6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an inspection within five d ays of th e Contractor’s request. The Contractor and Insp ector shall attend the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies.

A review of the red-line record drawings and asset schedule shall also be completed at the Site Walk-Through and all red-line deficiencies will be added to the List of Deficiencies.

6-8.2 List of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist) within five working days. The Contractor shall then have 10 working days to perform corrective work and provide a written response to each punchlist item.

6-8.3 Site Fol low-Up Walk-Through. Upon receipt of writt en responses to the List of Deficiencies, the Inspector will complete a follow-up inspection. Any outstanding deficiencies will be noted and returned to the Contractor. Outstanding deficiencies will delay full payment of any relevant bid items.

6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector’s permission, the Contractor m ay submit wr itten assertion in the for m of a Request for Fi nal Walk-Through, certifying that all defi ciencies

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identified throu gh the Site W alk-Through proc ess have been addressed an d req uest a Final Inspection to demo nstrate project completion to t he Agency. The C ontractor shall provide a n attachment to the Request for Final Inspection with the Contractor’s written response to ea ch deficiency. The Requ est fo r Final Inspe ction shall n ot be considered complete without the Contractor’s written response to each deficiency.

6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the F inal In spection. The Inspector and Contr actor shall attend the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection.

The red-line record drawings and asset schedules shall also be reviewed.

If any deficiencies are n ot satisfactorily addressed or additional deficiencies are i dentified, the Contractor will have 10 working days to complete the corrective work.

6-8.6 Request for Completion. The Engineer will not accept the Work or any portion of the Work before all of t he Work is completed and a ll outstanding deficiencies are corrected by the Contractor, and th e Engineer is sa tisfied t hat al l of the Work meets the requirements of the Contract Documents.

Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency’s approval, the Contractor shall submit a wri tten assertion in the form of Request for Completion letter, certifying that the Work has been completed.

6-8.7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion wi thin 2 working days. If, in the Engineer’s judgment, the Work has been completed in accordance w ith the Contract D ocuments, the Agency will issue a Completion Letter.

The completion date will be the date to which liquidated damages will be computed.

Use, temporary, inte rim or permanent, of all, or po rtions of , the Work does not c onstitute completion or acceptance of the Work.

6-8.8 Acceptance. Acceptance will occur after all the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the C ontractor has fu lly performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Bo ard may accept the Wo rk. Upon the Board’s acceptance of the Wor k, the Agency will cause a “Notice of Completion” to be fil ed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work.

6-8.9 Warranty. All work shall be warranted for one (1) year after acceptance of the Work 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 warranty period. The Contractor shall replace or repair any such de fective work in a ma nner satisfactory to the E ngineer, after notice to do so from the Engineer, and within th e time specified in the n otice. If t he Contractor fail s to make s uch 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.

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6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained b y the Agency. For each consecutive calendar day i n ex cess of the time specified for c ompletion of Wo rk, as adjusted in acco rdance with Section 6-6, the Contractor shall pay t he Agency, or have wit hheld monies due it, the s um of two thousand five hundred doll ars ($2,500.00). Such sum is li quidated 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 s hall co nstitute agreement by the Agency and Contractor that the amount specified above 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 writ ing in a dvance of s uch action. Suc h action b y the Ag ency w ill relie ve the Contractor of responsibility for injury or damage to said completed portions of the impro vement resulting from use by public tr affic or from the action of t he elements or from any ot her cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this s ection shall be con strued as relie ving t he Co ntractor from f ull responsibility for correcting defective work or materials.

In th e eve nt the Agency exercises its ri ght to place i nto service and utilize all or p art o f any completed facility or appurtenance, the Agency w ill assume t he responsibility an d liability for injury to persons or property re sulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to pe rsons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents.

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SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR

7-1 CONTRACTOR’S EQ UIPMENT AND FACILITIES . The C ontractor shall f urnish and maintain in good condition all equi pment and facilities as required for the proper execution and inspection of th e Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

7-2 LABOR.

7-2.1 General. Only competent worke rs shall be em ployed on the Work. Any pers on employed who is fo und to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, o r who fails o r refuses to perform work p roperly and ac ceptably, 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 b ound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor.

The Contractor s hall st rictly adhere to the provisions of the La bor Co de regard ing mi nimum 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 B oard has on file a nd wil l pub lish a s chedule 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 sh all be paid subsistence an d travel a s required by the colle ctive b argaining agreement on file with the State of California Department of Industrial Relations.

The Con tractor’s attention is dir ected t o Secti on 1776 o f the Labor Code wh ich imposes responsibility upon the Contractor for th e ma intenance, c ertification, and availability for inspection o f suc h r ecords f or all perso ns employed by the Co ntractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of t he Public Works Contract.

The cost of this insurance shall be included in the Contractor’s Bid.

7-4 WORKERS’ COMPENSATION INSURANCE. Before exe cution of the C ontract 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 lia bility for workers’ compensation o r to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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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 t he cont ract, complete W orkers’ Compensation Insura nce, an d shall furnish a Certificate of In surance to t he Engine er be fore 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 t he 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 Cal ifornia. Policies is sued by the St ate Compensation Fu nd meet the requirement for workers' compensation insurance.

7-5 PERMITS. Except as s pecified herein the Contr actor will ob tain, at no cost to the Contractor all City of Carlsba d enc roachment, rig ht-of-way, grad ing an d bui lding permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way.

Contractor shall not begin work u ntil all perm its inci dental to the wor k are o btained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for permi ts necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition.

North County Transit District Permit (NCTD)
The Contractor shall procure a “Right -of-Entry” and Access Authori zation (AA) Permit from NCTD. All persons entering into the railroad right -of-way will be required to attend a training course conducted by NCTD on Railroad Worker Protection (“RWP”) Safety rules and regulations. Further, the presence of equipment, materials, or workers within 25 feet of the centerline of any track will require the use of Railway Flaggers. T he Contractor shall be responsible for all co sts for training, flaggers, traffic control, and scheduling o f flaggers with NCTD. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.

A For Construction submittal and Access Authorization (AA) permit are required prior to commencement of work. More information on the submittal process may be found at the following link: https://gonctd.com/about-nctd/accountability/working-around-the-rails/.

The Contractor shall pay all business taxes or license fees that are required for the work.

7-5.1 Resource Agency Permits. No resource agency permits are required for the Work.

7-5.2 Air Pollution Control Permits. The use of materia ls or activities that can generate air emissions are regulated by the Calif ornia Air Resource B oard (CARB) and the San Diego County Air Pollution Control District (SDAPCD) and either require permits or are subject to state or loca l air r egulations which es tablish limitati ons on equipment or product use or Volatile Organic Compound (V OC) content and requirements for recordkeeping and repor ting. These materials and activities include, but are not limited to the following:

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• Abrasive blasting
• Adhesives
• Asbestos abatement, removal or disruption
• Coating or painting
• Concrete curing compounds
• Demolition of buildings, equipment or structures
• Fiberglass/polyester resin layup or machining
• Operation of non-road diesel engines greater than 49 hp (including genera tors, compressors, pumps, hydro blasters, etc.)
• Operation of off-road diesel engines greater than 25 hp (including forklifts, construction equipment, load handlers, etc.)
• Solvents
• Welding

Operators of p ortable engines and other types of equipment can registe r their units under the CARB Stat ewide Portable E quipment Registration Program (PERP) in order to operat e their equipment throughout California. However, the use of portable equipment (e.g., bypass pumps) to perform the function of permitted stationary equipment is subj ect to SDAPCD regul ation in addition to CARB requirements.

Diesel-engine driven generators or eq uipment sh all have a valid pe rmit or registra tion in accordance with the CARB and/or the SDAPCD regulations prior to mobilization to the site. The Contractor shall submit a copy of the perm it or registration documents for all equipment subject to state or local air pollution control regulations in accordance with 2-5.3 and maintain the permit or registration documents in valid standing during the performance of the Work.

Products such as paints, adhesives, resins, solvents and other products shall comply wit h the VOC content limits established by CARB and /or t he SDAPCD. The Contractor shall b e responsible for determining that such products can be u sed legally in the performance of the Work. The Contractor shall maintain and submit records to the City Engineer on the quantities of paints or solvents used as may be required by applicable regulations.

Prior to starting any activity that is required to have an air pollution control permit or registration, the Contractor shall verify the applicability of the latest air pollution control regulations pertaining to the proposed materials, equipment an d ope rations and obtain and comply with applicable requirements:

• Rule 11 – Exemptions from Rule 10 Permit Requirements Rule 12 – Registration of Specified Equipment
• Rule 12.1 – Portable Equipment Registration
• Rule 51 – Nuisance
• Rule 67.0.1 – Architectural Coatings
• Rule 67.17 – Storage of Materials Containing Volatile Organic Compounds • Rule 71 – Abrasive Blasting

San Diego Air Pollution Control District: 858-586-2600
https://www.sdapcd.org/content/sdapcd/permits.html

California Air Resource Board:
https://ww2.arb.ca.gov/our-work/programs/portable-equipment-registration-program-perp/about

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7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in w riting a representat ive who shall ha ve comple te autho rity to act fo r it. An alternative representative may be designated as well. The representative or alternate shall be present a t the Work site whenever w ork is i n progress or whenever actions of the elem ents necessitate its presence to take measures necessary to protect the Work, persons, or property.

Any order or communication given to th is representa tive shal l be deemed delivere d to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.

In order to communicate with the Agency, the Contractor’s representative, sup erintendent, or person in charge of specific work shall be able to speak, read, and write the English language.

The qualifications for the Contractor's Representative shall include at a minimum:

1. At least five years of experience in a superintendent capacity for projects that are similar in scope and cost to the projects identified in the Contractor’s Statement of Technical Ability and Experience submitted with the bid, and successful completion of at least two projects specific t o potable water distribution pipel ines with cont ract values over $2,000,000. The Contractor shall be r esponsible f or s ubmitting v erifiable experience records.

2. Completion of OSHA 30 -hour Con struction Training Cou rse. Submit certification as proof.

3. Completion of A sbestos Cement Pipe workplace saf ety cours e as administered by regulatory citation CCR Title 8, Section 341.17. Submit certification as proof.

CMWD reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not demonstrated.

In the event that the Contractor proposes to change the Contractor's Representative prior to Project completion, the Contractor shall notify the Agency and submit the qualifications of the proposed Contractor's Representative for the Engineer's review at least two weeks prior to the proposed change. The qualifications shall demonstrate that the minimum requirements of th e position, as described herein, are satisfied. The Engineer will review the qualifications o f proposed Contractor's Representative within 5 working days of receipt.

No change in Contractor's Representative will be allowed without the Agency's approval. In the event of a change in Contractor's Representative without prior approval, Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is approved for the Project.

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 wo rkers and contractors and others, shall have the right to operate wi thin 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.

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The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contr actor will not be entitled to ad ditional c ompensation f rom the Agency fo r damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.

Should the Contractor b e delayed by the Agency, an d such d elay could no t have b een 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 s hall coordinate and co operate with all utility companies during the mark-out and l ocating of their line s or during their relocation or c onstruction if necessary. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional com pensation will be made t o the Contractor for any such delay.

7-8 PROJECT SITE MAINTENANCE.

7-8.1 Cleanup and D ust Con trol. Throughout a ll p hases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish a nd debris. The Contr actor shall also abate dust n uisance by cleanin g, 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 th e Plans or S pecifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray n ozzles at least once each working day for the purpose of keeping p aved a reas acc eptably clean whereve r construction, including restoration, is incomplete.

Materials and equipment s hall be remov ed from the site a s so on 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 s hall be taken to prev ent spillage on h aul routes. An y such spillage shall be removed immediately and the area cleaned.

Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient mate rial may r emain fo r use as back fill if per mitted 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 c orrected. No a dditional compensation will be allowed as a result of such suspension.

Cleanup and dus t control required he rein shall also be executed on weeken ds and other non-working days when needed to p reserve the health safety or welfare o f t he publi c. The Contractor sh all conduct effective cl eanup and dus t control throughout the duration of t he Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup

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and dust control shall be considered incidental to the items of w ork 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 t he time of acceptance, structures en tirely constructed under the Contract shall be free of rodents, i nsects, vermin, and pests. Necessary e xtermination work shall be arranged and paid f or by the Contractor as part of the Work within the Contr act time and shall be performed by a licensed exterminator in accor dance wi th requirem ents of governing a uthorities. T he Contractor sh all be l iable for i njury t o p ersons or property and responsible for the elimination of offensive odors resulting from extermination operations.

7-8.4 Sanitation. The Contractor shall provi de and m aintain enc losed toile ts f or t he use of employees engaged i n th e Wo rk. These a ccommodations shall be main tained in a neat an d 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 disr upt exi sting sewer f acilities, sewage sh all b e conveyed in clos ed conduits and disp osed of in a s anitary sewer system.

Sewage shall not be permitted to flow in trenches or be covered by backfill.

7-8.5 Temporary Light, P ower, a nd Water. The C ontractor sha ll furn ish, install, maint ain, and remove all temporary light, power, a nd water at its own expense. These include pipi ng, 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 Co ntractor shall obtain a construction meter fo r water used for the construction, plant establishment, maintenance, cl eanup, testing and all other w ork requiring water related to this contract. The Co ntractor shall c ontact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, p ower and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be con sidered inc idental to the items of work that they are associated w ith and no additional payment will be made therefor.

7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters.

Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution.

The Contractor shall limit the land disturbance area resulting from construction activities to less than 1 acre and comply with a Ci ty of Carlsbad Tier 2 Construction SWPPP. The Contractor shall comp ly with the City’ s Construction Storm Water P ollution Prevention Plan (SW PPP) standards and requirements to ensure construction compliance with the City of Carlsbad Storm Water Ordinance an d th e M unicipal Per mit, a s issued by the S an Di ego California Re gional Water Qual ity Control Board (SDRWQCB) San Diego Region Order No. R9 -2013-0001, as amended b y Orde r Nos. R9-2015-0001 and R 9-2015-0100; National Pollutant Discharge Elimination System (N PDES) N o. CAS0109266 and Waste Dis charge R equirements for Discharges from the Munici pal Sepa rate S torm Sewer Sys tems (MS4s) Drainin g the Watersheds within San Diego Region and any amendment, revision or re-issuance thereof.

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A Tier 2 Storm Water Poll ution Prevention Plan (SW PPP) is provide d to the Contractor, in Appendix “A”, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be r esponsible for the prep aration and implementation of the SWPPP and c oordination with the City and the Regional Water Quality Control Board. Refer to Section 300-12.

7-8.7 Drainage Control. The Contractor shall maintain dra inage 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 da ms 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 s hall be equipped with mufflers in goo d repair when in use on the project with special attention to t he City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.

Noise mitigation r equirements include limiting co nstruction noise dur ing the general breeding season (January 15 to Sep tember 15) that c ould affect the breeding of the coastal California gnatcatcher, migratory songbirds, and other bid species associated with adjacent undeveloped areas. Construction noise exceeding 60 dBA hourly average, adjusted for ambient noise levels at a nesting site , shall not occur within 5 00 f eet of active nes ting s ites during the general breeding season (January 15 through Septe mber 15). The Agency will retain a qualifie d biologist to perform a preconstruction survey and monitoring for biological resources and monitor the construction activities that occur a djacent to undeveloped op en space that potentially supports breeding birds. The Contractor shall be responsible for n oise mitigation, if required.

7-9 PROTECTION AND RESTORATION OF EX ISTING IMPROVEMENTS. The Contractor shall be responsible for t he protection of public and p rivate 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 de signated for removal (e.g. , c urbs, sidewalks, driveways , fe nces, wa lls, signs, utility installations, p avement, structures, etc.) whic h are damaged or removed as a result o f its operations. When a por tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be ca pped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

Maintenance of street a nd traf fic signal systems tha t are damaged, te mporarily removed or relocated shall be done in conformance with 307-1.5.

Trees, la wns, and shrubbery that are not to b e re moved shall be protected fr om damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the or iginal condition an d loc ation as is reasonably p ossible. Law ns shall be restored with sod and unpaved areas covered with suitable mulch.

The Contractor shall g ive r easonable notice to occup ants o r owners of adjacent property t o permit them to salva ge or r elocate plants, tre es, fences, sprinklers, and o ther improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.

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All costs to the Cont ractor for protecting, removing, and restoring existing imp rovements shall be included in the Bid.

7-9.1 Preconstruction Survey. The Contractor shall perform a p reconstruction survey of the project site to p rovide a record of preconstruction conditions. This su rvey shall include the following as a minimum:

1. Video of existing pub lic r ight-of-way, propos ed alignment , wo rking ar eas, sta ging and storage areas.

2. Video of construction access roads to be used by the Contractor, including all public and private str eets used for access to and fr om the work site. Indicate a reas of damaged paving.

3. Any other areas as directed by the Owner which may be disturbed or which are to be protected from the Contractor’s operations.

4. Photographs and video of potential “problem areas”.

5. Notify the Owner seven calendar days in advance and coordinate the scheduling of the video so that a representative of the Owner m ay accompany the Contractor during the videotaping.

6. At the completion of the survey, the Contractor shall present the O wner with a report detailing the ex isting conditions at each proposed pipeline site, stagin g, and stockpile areas. The report shall include the following as a minimum:
a. One copy of the video in color in digital format.
b. One copy of eac h “potential prob lem a rea” photograph (4 -inch by 6 -inch colored photos).
c. Written summary of “potential problem areas” and the Contractor’s recommendations to address these problem areas.

7. Documentation (including report) o f exi sting conditions shall be co mpleted withi n 15 days of the Notice to Proceed. The Contractor will not be allowed to begin excavation or dewatering activ ities until the final re port ha s be en submitted and acc epted by th e Owner.

7-10 PUBLIC CONVENIENCE AND SAFETY.

7-10.1 Traffic and Ac cess. The Co ntractor’s operations shal l cause n o unnec essary inconvenience. Th e acce ss rig hts o f the public shall be consi dered a t all times. Unle ss otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.

In areas where site access is restricted, the Contractor is r esponsible for coor dinating site access. All communicati ons shall b e made through the City inspector unless otherwise approved.

No excavation or vehicle access will be allowed to occur outside of the easement, outside of the right-of-way, or in veg etated or lan dscaped areas unless otherwise shown on the Plans or as approved by the Engineer.

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; p olice and fire stati ons; public tran sportation s tops and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Pedestrian crossings of the Work at in tervals not

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exceeding 300 feet (90 m) shall be provided and maintained unless otherwise approved by the Engineer.

The Contractor shall refer to and comply with the requirements of Section 302-15 and Part 6 of the Supplemental Provisions.

7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways after unloading. Construction equipment shall not be stored at the Work site befor e i ts actual use o n the Wor k or after i t is no longer ne eded.

All materials or equipment not installed or used in construction on any given day shall be stored off-site by the Contractor at its expense unless otherwise approved by the Engineer.

Excavated material, except that which is to be u sed as backfill in the adjacent tren ch on the same day, shall not be stored in public streets. 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, Cou nty, and City r equirements for cl osure of streets. Th e Contractor shall provide barriers, guards, lights, si gns, temporary bridges, flag persons, and watchpersons.

The Contractor shall b e responsible f or compliance with additional public safety requirements which may arise. Th e Contractor shall f urnish and install signs and warning devices and promptly remove them upon completion of the Work.

After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following:

The Engineer................................ ................................ ......................... 442-339-2766 Carlsbad Fire Administration ................................ ................................ . 442-339-2141 Carlsbad Police Department Dispatch ................................ ................... 442-339-2197 Carlsbad Traffic Signals Maintenance ................................ ................... 760-438-2980 Carlsbad Traffic Signals Operations ................................ ...................... 442-339-2736 North County Transit District ................................ ................................ . 760-966-6500 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 the agencies 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 curre nt 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.

Temporary traffic controls shall be in accordance with the Plans, the TCP , the California Manual on Uniform Traffic Control Devices (MUTCD), current edition, and the Contract Documents.

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7-10.3.1 Construction Area Sign s and Control D evices. All const ruction t raffic s igns and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All temporary traffic control devices shall conform to Caltrans Standard Specification 12-3.

Warning and advisory signs, lights and de vices shall be furnished, installed and maintained by the Contractor and shall be promptly remo ved by the Co ntractor when no longer re quired.

Warning and a dvisory signs that remain in p lace overnight shall be statio nary mounted signs.

Stationary signs that warn of non-existent conditions shal l be removed from the traveled way and from the view of mo torists in the traveled way or shielded from the v iew of t he traveling public during such periods that their message does not pertain to existing conditions.

All excavation required to install stationary construction area signs shall be performed by hand methods without the use of po wer equipment. Warning and adv isory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours.

Personal vehicles of the Con tractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the s houlder within 6’ of a traffic lane, the shoulder area shall b e closed with fluorescent traffic c ones or portable delineators p laced on a tape r in advan ce of t he parked vehicles or equipment and along the edge of the pavement at not le ss than 25’ intervals to a point no t l ess than 25’ past th e l ast vehicle or equipment. A minimum of nine (9) cones o r 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 t elescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer.

7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not w ork closer than 1.8 m (6’) nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment, the distance shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these Contract Documents, when such reduction is shown on the traffic control plans prepared by the C ontractor and approved by t he Engineer or for the w ork of installing, maintaining and remov ing traffic co ntrol d evices. As a c ondition of s uch waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.

During construction, a minimum of one, 12-foot wide paved traffic lane shall be open for use by public traffic in each direction of travel. Detours shall be subject to approval by the Engineer.

7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lane s or pedestrian walkwa ys in accorda nce wit h the de tails s hown on the plans, California Manual on Uniform Traffic Co ntrol Devices (FHWA MUTCD, current e dition, a s amended for use in Cali fornia) and prov isions under " Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety.

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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, sha ll be removed from the travel ed way and shoul der at the en d work perio d.

If the C ontractor s o elect s, s aid c omponents may be stored at selec ted cent ral loc ations, 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 striping operations, traffic shall be controlled with lan e closures, as provided for un der "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 t raffic striping op erations using an alt ernative plan u ntil the Contractor ha s 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 p avement del ineation shall be furnished, placed, mai ntained and rem oved in accordance with the min imum s tandards specified i n the latest California M anual on Un iform Traffic C ontrol D evices (CAMUTCD) published by Caltrans. Whenever the work caus es obliterat ion of pavement de lineation, 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 t o public tra ffic. All w ork 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 li nes and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding.

Surfaces to re ceive temporary pavement delineation shall be dry and fre e of d irt a nd loose material. Temporary pavement delin eation 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 E ngineer, the temporary pavement delinea tion conflict s wit h the permanent pavement del ineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.

7-10.3.6 Preparation of Traffic Control Plans. The Contractor shall submit traffic control plans (TCPs) as a part of the Work for all constr uction activities that are located within the travel ed way. TCPs shall be prepared by a professional engineer registered in the State of California and regularly engaged i n the preparation of traffic control plans. Design of TCPs f or construction shall mee t the requi rements of t he City and the California Ma nual on Uniform Traffic Control Devices as published by Caltrans. Submittal and review requirements for TCPs shall conform to Section 2-5.3 Shop Drawings and Submittals.

The Contractor must obtain the Engineer’s approval prior to implementing TCPs. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCPs. New or revised TCP submittals shall include all TCPs needed for the entire duration of the Work. Each TCP phase shall be prepared in sufficient scale and deta il 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 a lignment of the traveled surface differs from the finished pavement ele vation,

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vertical curves must also be shown. The Engineer shall be the sole judge of the suitability and quality of any such TCPs.

7-10.3.7 Payment. The contract price paid for Traffic Control shall include full compensation for furnishing all labor, ma terials, tools, e quipment and incidentals, and for performing all work involved to implement the traffic control system, complete in-place, including, but not limited to, preparing and revising TCPs, flag pe rsons, installing temporary or permanent traffic control devices such as barriers, delineators, lighting, signage, portable changeable message signs, striping, pavement markers and markings in accordance with the Contract Documents and as directed by the Engineer. Progress payments for Traffic Control will be based on the percentage of the improvement work necessitating traffic control and completed.

7-10.4 Safety.

7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Constructi on Safet y O rders, Tu nnel Sa fety O rders and Gene ral 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 t he w orkers’ protection from th e haza rd of cavin g ground d uring the excavatio n of suc h trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Di vision 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 i tems of work except where separate bid items for exca vation s afety are provided or required by law.

7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations.

The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.

7-10.4.3 Special Haz ardous Substances and Proce sses. Materials th at contain haza rdous substances or mixtures ma y be required on the Work. A Mat erial Safety D ata Sheet a s described in Section 51 94 of the C alifornia Code of R egulations shall be requested by the Contractor from the manufacturer of any hazardous products used.

Material usage shall be accomplished with str ict adherence to California Division of Industrial Safety r equirements and all manufacturer warnings an d app lication instructions l isted on the Material Safety Data Sheet and on the product container label.

The Contracto r shall not ify the Engineer if a sp ecified product cannot be us ed under s afe conditions.

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7-10.4.4 Confined Spaces.

(a) Confined Space En try P rogram. The Contractor sh all be responsible f or implementing, administering and maintai ning a confined space ent ry program (C SEP) in accordance wit h Sections 5156, 5157 and 5158, Title 8, CCR.

Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engin eer. The CSEP shall add ress al l potential phys ical an d en vironmental ha zards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel

2. Purging and cleaning the space of materials and residue

3. Potential isolation and control of energy and material inflow

4. Controlled access to the space

5. Atmospheric testing of the space

6. Ventilation of the space

7. Special hazards consideration

8. Personal protective equipment

9. Rescue plan provisions

The Con tractor’s submittal sh all include the n ames of i ts pe rsonnel, including s ubcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP.

(b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other en closed or partially enclosed spa ces sha ll be considered permit-required confined spaces until the pre-entry procedures d emonstrate otherwise. The Contractor shall implement a pe rmit space program pri or to performing any work in a permit- required confined s pace. A copy of the permit shall be ava ilable at all t imes f or r eview b y Contractor and Agency personnel at the Work site.

(c) Payment. Payment for implementing, administering, and pr oviding all eq uipment a nd personnel to perform the CS EP shall be includ ed in the bid it ems for which th e CSEP is required.

7-10.4.5 Safety an d Protect ion o f Workers and Public. The Contracto r shall t ake all necessary pr ecautions f or the safety of employees on the work and shall comply with al l applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent t o the pre mises where the work is being performed. The Con tractor shall erect a nd p roperly maintain at a ll t imes, as r equired by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall use dange r signs war ning agai nst ha zards created b y such features of construction as protruding nails, hoists, well holes, and falling materials.

7-10.4.6 Flood Lighting.

7-10.4.6.1 Gene ral. When wor k i s being performed during hou rs of d arkness, as defined in Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used t o illuminate the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting

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shall provide visibility for a distance of 1/2 mile (800 m). Flood lights shall not shine directly into the view of oncoming traffic.

7-10.4.6.2 Payment. No separate or additional payment will be made for flood lighting. Payment shall be incl uded in the C ontract Un it P rice or lump sum price in the Bid for the vari ous Bid items.

7-10.4.7 Security and Protective Devices.

7-10.4.7.1 General. Security and protective devices sh all consist of fencing, ste el plates, or other devices as specified in the Special Provisions to protect open excavations.

7-10.4.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security fencing shall conform t o 304-5. S ecurity fencing shall remain in place unless workers are present an d const ruction operat ions are i n p rogress during wh ich time the Contractor shall provide equivalent security.

7-10.4.7.3 Payment. No se parate o r additional payme nt will be ma de for security fencing or protective devices. Payment shall be included in the Cont ract Unit Price or lump sum price in the Bid for the various Bid items.

7-10.4.8 Steel Plate Covers.

7-10.4.8.1 General. The Co ntractor shall provide, insta ll, and maintain s teel plate covers as necessary to protect from accidental en try into openings, trench es, and excavations. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or m otor vehicle from be ing endangered due to pla te movement causing separations or gaps. The C ontractor shall submit the design in accordance with Section 2 -5.3 which shall i nclude the following criteria:

1. The approval of steel plate bridging shall be at the sole discretion of the Engineer.

2. Steel p late br idging shall b e designed to support HS20-44 truck lo ading per Caltrans Bridge Design Specifications Manual.

3. Surfaces expos ed to pedestrian or veh icular traffic shall be non -skid. The Contractor shall m aintain a non-skid surface on the s teel plate having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test pla tes with known coefficients of friction available from each Caltrans D istrict Materials Engineer t o co rrelate skid resistance results to California Test Method 342.

4. The Contractor shall install sign age wi th a 2 -inch (51 mm) minimum letter height indicating the st eel pla te cove r load limit, t he C ompany’s name, a nd a 24 -hour emergency contact phone number.

5. The Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging.

6. The Contractor is r esponsible for th e maintenance of the plates and asphalt conc rete ramps or other devices used to secure the plates and shoring of the trench to support all loads.

7. The Contractor shall immediately mobilize necessary personnel and equipment to repair plate m ovements, s eparation, no ise, anch ors, asphalt ramps o r any ot her defic iency.

Failure to respond within 2 hours after being notified by the Engineer shall be grounds for the City to perform necessary repairs at the expense of the Contractor.

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8. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer.

9. For trench widths exc eeding those i n Table 7-10.4.8.2, a st ructural design shall be prepared by a California registered civil or structural engineer regularly engaged in t he design of shoring systems.

7-10.4.8.2 Thickness. Steel plate covers shall conform to Table 7-10.4.8.2.

TABLE 7-10.4.8.2
Trench Width Steel Plate Cover Thickness
Less than 10" 1/2" (12.5 mm)
10" (250 mm) to 1'-11" (580 mm) 3/4" (19 mm)
2' (600 mm) to 2'-7" (790 mm) 7/8" (22 mm)
2'-8" (820 mm) to 3'-5" (1040 mm) 1" (25 mm)
3'-6" (1070 mm) to 5'-3" (1600 mm) 1-1/4" (32 mm)
More than 5'-3" (1600 mm) See Note 1
Notes:
1) The Contractor shall submit a Working Drawing and calculations based on AASHTO H20-44 bridge loading.

7-10.4.8.3 Installation. Steel plate covers shall extend a minimum of 2 feet (600 mm) beyond trench edges. Unless otherwise approved by the Engineer for the site conditions pr ior to use, steel plate covers shall be i nstalled using Method 1. Method 2 shall not be used in a traveled lane.

Method 1. The pavement shall be cold milled to a depth equal to the thickness of the plate and to a width and leng th e qual to the dimensions of the p late. The c old mil ling sh all produce a f lat surface to s upport the p late with no horizontal or vertical movement.

Horizontal gaps between the unmilled pavement and the plate shall not exceed 1 inch (25 mm) and shall be fi lled wi th elastomeric sea lant mater ial which may , at the Contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of Tables 203-5.2(B) and 203-5.3(A).

Method 2. The approach plate and ending plate (in longitudinal placement) shall be attached to the surface by a minimum of 2 dowels, ¾” diameter (19 mm), drilled at the corners of the plate and drilled 6 inches (150 mm) into the pavement. Subsequent plates may be butted next to each oth er. Temporary a sphalt concrete (D2 -SC 8 00) shall b e used to co nstruct tapers from the steel plate surface to the existing surface at a 12-inch (300 mm) run for each 1-inch (25 mm) thickness of steel plate. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material.

Advance traffic warning signs shall be installed as specified in the Special Provisions or shown on the TCP.

7-10.4.8.4 Pay ment. Steel plate br idge mate rials inc luding, but not limited to steel plates, anchoring devices , cold milling, elastomeric sealant material, asphalt ramping and pad ding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and subm ittals to support the use of steel plate bridging and all other materials, l abor, supervision, overhead of any type or description will be considered as incidental to the work. No separate or additional 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.

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7-11 PATENT FEES OR ROYALTIES. The Contractor shall abs orb in its Bid the patent fees or royalties on any patent ed article or process furnished or used in the Work . The Contractor shall indemnify and hol d the Agency harmless from any lega l action that may be brought for infringement of patents.

7-12 ADVERTISING. The names, addresses and s pecialties of Contractors, Subcontractors, architects, or engineers may b e displayed on removable signs. The size and location shall be subject to the Engineer’s approval.

Commercial advertising matter shall not be attached t o or painted on the surfaces of buildings, fences, canopies, or barricades.

7-13 LAWS TO BE OBSERVED . The C ontractor shall k eep fully informed of S tate and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapte r 11.06. Excavation and Gradin g. If this n otice specifie s locations o r possible mate rials, such as borrow p its or gravel bed s, for use in the propo sed construction project which woul d be subject to Sec tion 1601 or Se ction 1603 of the Fish and Game Code, t he conditions established purs uant 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 en tering into a public works contract or a subco ntract to supply goods, services, or mat erials pursuant t o a public works c ontract, t he contractor or subcontractor offers an d agrees to assign to t he awarding body all rights, title, and int erest in an d to all causes of ac tion 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 P art 2 of Division 7 of the Business and Professions Code), arising from purchase s of go ods, services, or ma terials pursuant to t he p ublic works contract or subcontract. T he assignment shall be made and be come effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.”

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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL. When specified in Section 9-4 under Mobilization and Preparatory Work, all facilities provided for Agency personnel shall be provided at suitable locations approved by the Engineer. Such faciliti es must be i n a room, building, o r trailer provided for this p urpose with acceptable means for locking.

A Class “A” Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe s ubject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 sh all be provided at any of fsite or p roject si te plant fac ility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Age ncy personnel shall be provided only when required by the Specifications.

Offices and labora tories at plants may be used concurrently by inspection personnel of other agencies provided such u se does n ot s eriously conflict with Agency use. W hen fa cilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Ag ency inspectors. Ot herwise, any facilities furnished are fo r the exclusive use of Agency personnel.

All facilities shall conform to the ap plicable co des, or dinances, an d regul ations o f the local jurisdiction and of the State of California and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance.

The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. S uch services shall inc lude the sup ply of th e app ropriate paper pr oducts and dispensers. Tra sh receptacles s hall be pr ovided and emptied b y t he Contractor at weekl y intervals or sooner as required. The trash shall be removed from the project site.

All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the prop osal, costs shall be included in other items for which bids are entered.

The first progress payment will not be approved until all facilities are in place and full y comply with the Specifications.

8-2 FIELD OFFICE FACILITIES.

8-2.1 Class “A” Field Office. The field office shall be for the exclusive use of the Engineer and such o ther individuals th at the Engi neer may designate. The field office shall be a s eparate structure from any other office facility. The Contractor shall maintain the field office with supplies throughout the entire duration of the contract unless the Engineer approves otherwise.

This office shall have a minimum floor space of 440 square feet. All doors and windows shall be provided with screens. Furniture shall be provided as follows, subject to Engineer approval:

• one plan table
• one standard 5-foot long double-pedestal desk with a drawer suitable for holding files • two chairs
• one drafting stool
• one plan rack

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Additionally, the "Class A" Field Office shall be provided with:

• one additional standard 5’ double pedestal desk with two chairs • one electrostatic copier
• one refrigerator, 4.5 cubic feet minimum
• one microwave oven
• one additional plan rack
• one water cooler with hot and chilled water
• integral sanitary facilities with a toilet and wash basin with hot and cold potable water

Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed.

Heating and air conditioning of su fficient ca pacity sh all be provi ded at n o ex pense to the Agency.

The field office shall be located within or immediately adjacent to the limits of work, as approved by the Engineer, with access and three parking spaces for the exclusive use of the Engineer and his/her designees.

The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer.

CITY OF CARLSBAD

ENGINEERING INSPECTION

8-2.2 Class “B” Field Office. This office shall be the same as class “A” except that integrated sanitary facilities and air conditioning are not required. A separate, chemical toilet facility shall be provided adjacent to the office per Section 7-8.4.

8-2.3 Class “C” Field Office. The office shall have a m inimum floor spa ce of 160 square feet. It s hall be equipped with one 3 by 5-foot table, four c hairs and one plan rack. It shall b e adequately heated, vent ilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required.

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8-3 FIELD LABORATORIES.

8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class “C” Field Office specified in Section 8-2.3 except for the following:

1. Telephone service per Section 8-2.1.

2. Chair.

3. Work table, 4 by 10 feet, 3 feet high.

4. Sieves per Section 203-6.

5. Scales and weights.

6. Burner plate for heating supplies.

7. Thermometer, with 90 to 260°C (200 to 400°F) degree range (Asphalt Plants only).

8. Air meter for all concrete in accordance with ASTM C231 of t he type tha t indicates percentage of air directly (Precast Concrete Plants only).

All sampling and testing equipment sh all be maintained in satisfactory operating condition by Contractor or p lant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations.

8-3.2 At Project Site. Field laboratories shall be in accordance with Section 8-3.1, except that sieves, s cales, weights, burner plates, s ampling devices, pans, and thermometers will be furnished by the Agency at no expense to the Contractor. If air entraining agents are being used in the Concrete on the project, an air met er of the type described in Section 8-3.1 sh all b e furnished by the Contractor.

8-4 BATHHOUSE FACILITIES. When t he Pl ans or Specifications r equire bathhouse facilities, the following shall be provided:

1. One lavatory with hot and cold water.

2. One toilet in a stall.

3. One 1 m (3 feet) trough-type urinal.

4. One enclosed shower at least 3 by 3 feet with hot and cold water.

5. One bench, 2 m (6 feet) long.

6. Soap dispensers.

7. Toilet paper holders.

8. Paper towel cabinet.

9. Wastepaper receptacle.

These facilities shall be serviced and provided with necessary sanitary supplies.

These facilities shall be for the exclusive us e of Agency pe rsonnel. However, a separat e building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities.

8-5 REMOVAL O F FACILITIES. Field offices, laboratories, and bat hhouse facilities a t the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under t he provisions of this s ection are the property of the Contractor.

8-6 BASIS OF PAYMENT. All costs incurred in f urnishing, maintaining, serv icing, and removing field o ffices laboratories, or bathhouse facilities required at the project site shall be

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included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item i s provided in the proposal, the costs shall be include d in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full c alendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project.

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SECTION 9 – MEASUREMENT AND PAYMENT

9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.

9-1.1 General. Unless otherwise specified, q uantities of work shall be determined fr om measurements or dimensions in horizontal planes. Linear quantities of pipe or conduit shall be measured along the alignment centerline stationing. Piling, f encing and timber s hall b e considered as being the true length measured along longitudinal axis.

Unless otherwise pro vided in S pecifications, 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 measureme nt of all areas.

9-1.2 Methods of Measurement. Materials and items of work w hich ar e t o be paid for o n basis of measurement shall b e meas ured in ac cordance with m ethods stipulated in t he particular sections involved.

9-1.3 Certified Weights. When payment is to be made on the ba sis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated w eighing and recording system. The Co ntractor shall furnish the Engineer with duplicate licensed wei ghmaster’s certificates showing ac tual ne t weights. The Agency will accept the certificates as evidence of weights delivered.

9-1.4 Units of M easurement. The syst em of measure for this contract shall b e the U.S.

Standard Measures.

9-2 LUMP SUM WORK.

Items for which quantities a re indicated “Lu mp 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.

The Contractor shall submit to the Eng ineer within 15 da ys after award of Contract, a detailed schedule in triplicate, to be u sed 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 pay ment.

Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.

The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.

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Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed ou tside of t he 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 part icular proceedings or legis lative 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 Contract or, and m ay be deducted from any amount due or becoming due from the Agency.

Whenever immediate action is required to prevent violation of any law, injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not r easonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due o r becoming due from the Agency.

Agency ac tion or inaction unde r s uch cir cumstances 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 t ransfer of ownership of any e quipment or materials to the A gency. R esponsibility o f ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed wo rk o r structure for w hich payme nt has bee n m ade; or replace an y materials or equipment required to be p rovided under the Contract which may be d amaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10.

Guarantee periods s hall not b e affected by any payment but shall commence on th e date of recordation of the “Notice of Completion.”

If, with in the time fixed by law, a properly executed notice to stop p ayment is filed wit h the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for s uch labor or ma terials will be withheld from payment to the Contractor in accordance with applicable laws.

At th e expiratio n of 35 d ays f rom t he dat e of acceptance of t he Work by the Bo ard, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed an d file d notices to sto p pa yment, or as may be authorized by the Contract to b e further retained.

9-3.2 Partial a nd F inal Paymen t. The Engineer will, a fter a ward of C ontract, establish a closure date fo r the purpose of making monthly pro gress pay ments. 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

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on cont ract unit prices , comp leted change order work and as provided for in S ection 9 -2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that add itional payment i s due, the Con tractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer wit h adequate ju stification supporting the amount of suppl emental p ayment request. Upon receipt of the supplemental payment reques t, the Engineer shall, as soo n as practicable after recei pt, determine whether th e su pplemental payment reques t is a proper payment re quest. If the Engine er determines that the supplem ental pay ment 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 s upplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (3 0) days after receipt of an u ndisputed and p roperly submitted supplemental p ayment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less th e amount of all previous payments will be paid. After 50 percent of th e Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater.

No progress payment made to the Cont ractor or its sureti es wil l c onstitute a wai ver o f th e liquidated damages under 6-9.

As provided i n Section 22300 o f the C alifornia Public Cont ract Code, the Contractor may substitute securities for any m onies withheld by the Agency to ensure per formance under the Contract.

After fi nal inspection, the Engineer w ill make a Final Payment Estimate a nd pr ocess a corresponding payment. This estimate will be in writing and s hall be f or 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 an d progress payments shall be subject to correction in the Final Payment Estimate.

The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.

If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate

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adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.

The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of t he Con tractor’s claims. It will be t he re sponsibility of the Co ntractor to furnish withi n a reasonable time s uch furth er in formation and d etails as ma y be req uired by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.

9-3.2.1 Payment fo r Claims. Except for those f inal p ayment items di sputed in the written statement required in Section 9-3.2 all claims o f any dollar am ount s hall be submitted in a written stat ement b y th e Contractor no later than the date of receipt of the fin al payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no lat er than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this writt en statement, nor will any claim be allowed for which written notice or protest is required under any p rovision of this contract inc luding Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.

The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.

Payment for claims shall be processed within 30 cale ndar day s of thei r resolution for th ose 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. The cost of materials and equi pment d elivered but not incorporated into the work will not be included in the progress estimate.

9-3.4 Mobilization. When a b id item is included i n the P roposal form for Mobilization and subject to the conditions and li mitations in the Specifications, the costs of work in advance of construction operations and not direct ly attributable to any specific bid item will be included in the p rogress estimate. When no such bid it em is provided, payment for s uch 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 Contract price and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the m ovement of personnel, equipm ent, supplies, a nd in cidental to preparing to conduct wor k on and off the project site and other offsite facilities necessary for work on t he pr oject; for all other facilities, su reties, work and operations which must be performed or costs incurred prior t o beginning work on v arious contract items on or off th e project site, excepting those specifically paid for under separate bid items. Such activities shall include, but are not limited to, coordination with Agency forces, securing permits, surveying and

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staking, demobilization and any other work or services not included in any other bid item. The Contractor hereby agrees that the price paid is sufficient for Mobilization and Preparatory Work, as de scribed in this section, and th at th e Contractor shall have no rig ht to addition al compensation for Mobilization and Preparatory Work.

Progress payments for Mobilization and Preparatory Work will be made as follows:

For the first progress payment (after the issuance of the Notice to P roceed), payment will be made at forty percent (40%) of the amount bid for Mobilization and Preparatory Work. For the second progress payment, payment will be made at fifty percent (50%) of the amount bid for Mobilization and Preparatory Work. The remaining 10% of the amount bid for Mobilization and Preparatory Work will be made when all punch list items are signed-off and completed to the satisfaction of the City Inspector, and the C ontractor ha s comp letely demobili zed from t he project site(s).

9-4 BID ITEMS.

Payment for each Bid Item shall be ma de at the quantity and type as listed in the Contractor's Proposal. A ll work sh own or me ntioned on the plans, in the Con tract Documents, G eneral Provisions, or Technical P rovisions/Specifications sh all be conside red a s included in th e Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and veg etation in place. If da maged dur ing t he wo rk, Cont ractor is re sponsible to repair o r replace any utilities, im provements, la ndscaping, irrigation systems, and vegetatio n at h is expense.

Mobilization and Preparatory Work
The contract price paid for this bid item shall constitute payment for a ll mo bilization w ork in accordance with Section 9-3.4 of these General Conditions.

A field office per Section 8-2.3 or field laboratory or bathhouse facilities will not be required for this project.

Temporary Traffic Control
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment an d incidentals, prepare traffic control pl ans a nd im plement temporary traffic c ontrol systems, complete in-place and in a ccordance with the C ontract Documents, including Sections 7-10.1 through 7-10.3 and 601 and its subsections.

Excavation Support System
The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, br acing, sloping or equivalent method of support for excavations for the protection of life or limb which shall conform to applicable safety orders. This includes, but is not limited to, the pre paration and submittal of a detailed plan showing the design of sh oring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground in or a djacent to trenches or o pen exc avations, and acceptance of said plan b y the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the excavation suppo rt system standards of CCR, Title 8 , Section 1541 .1, the p lan sh all be prepared by a California registered civil or structural engineer. This bid item shall a lso include obtaining any required permit from the State Division of Industrial Safety.

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Stormwater Pollution Prevention Plan
The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, tools, equipment and incidentals for preparing, amending and implementing the Tier 2 SWPPP in accordance with Section 7-8.6 and 300-12.

Utility Potholing and Locating
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to determine, by potholing, the location and depth of all existing utilities in accordance with the Con tract Documents. This bid item shall include notification to Underground Service Alert and utility mark-out, coordination and standby inspection of potholing excavations, backfilling of e xcavations, patching of pothole excavations w ith t emporary A C paving, maintenance of AC paving at the pothole locations, and submitting results to the Engineer in advance of pavement saw-cutting or excavations.

Surveying
The contract price paid fo r this bid item s hall constitute full compensation to furnish all l abor, materials and equipment to provide adequate field survey to construct the work as shown on the plans.

Preconstruction Video and Photographs
The c ontract price for work under t his item shall i nclude, but not be limited to, furnishing all labor, material, tools and equipment, and performing all work required for preconstruction video and photographs in accordance with 7-9.1 and all other work necessary to complete this item of work as described in the Contract Documents.

Replace Pavement Striping, Markings and Markers
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to replace in-kind per Section 314 all road striping, markings, markers and signage disturbed, removed or damaged by construction.

Replace Survey Monument
The contract price paid for this bid item shall constitute full compensation to furn ish all labor, materials, tools and equipment to remove and re place existing street survey monuments disturbed by construction per SDRSD M -10 and file corner records in accordance with the procedure defined in Section 2-9.2.

Dewatering
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to design, install and maintain a temporary de watering system during construction in accordance with the Contract Documents. The price paid shall include, but is not limited to, obtaining a Special Use Permit through the Encina Wastewater Authority (application provided in Appendix F); compliance with permits ; submittal of a dewatering plan; temporary asphalt (cold mix); protective barriers, ramps or plating; system testing and maintenance for the duration of the work; redundant pumping units; security; disposal of all dewatering discharge; sampling, reporting and moni toring; removal of the system upon completion of work ; and site restoration.

Over Excavation and Backfill
The contract price paid per for this bid item shall constitute full compensation to furnish all labor, materials and equipment to over -excavate unsuitable materials from the trench and construct

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foundation stabilization in acco rdance with Secti on 02223 of the Carlsbad Engineering Standards and the Contract Documents. The removal limits shall be as ordered by the Engineer.

Asphalt Concrete
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to place asphalt concrete pavement, complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-25 or GS-26, as modified ) and other requirements of the Contract Documents. The price paid shall include, b ut not be limited to , saw-cutting and cold milling not included in any other b id item; applying tackifiers; placing and compacting asphalt concrete along trench excavations, areas damaged by construction, or grind and overlay areas; applying seal coat; disposal of w aste or surplus materials and all incidental work or se rvices. Pavement that is damaged during construction, when su ch dama ge could have been prevented using rubber-tired equipment, steel plating or similar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense.

Payment for AC pavement restoration shall be based on the g reater of Carlsbad Standard Drawing No. GS-17 or the following:

Carlsbad Boulevard, Cannon Road: 6” asphalt concrete over 12” aggregate base.

All other streets: 5” asphalt concrete over 8” aggregate base.

Aggregate Base
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and eq uipment and place untreated aggregate base (Caltrans Class II, Section 26-

1.02B), complete in-place in accordance with City of Carlsbad Standard Drawings (GS-17 and GS-25 or GS-26) and other requirements of the Contract Documents. The pri ce paid sh all include, but not be limited t o preparing and compacting the subgrade; importing, placing and compacting aggregate base above the trench zone, beneath asphalt concrete, beneath Portland cement concrete pavement, flatwork or curb and gutter; and all incidental work or services.

Refer to the Asphalt Concrete bid it em for aggregate base thick ness requirement beneath AC pavement. Aggregate base thick ness beneath PCC curb, gutter or paving shall be 6 inches minimum.

Slurry Seal
The contract price paid for this bid item shall con stitute full compensation to furnish all labor , materials and equipment to place slurry seal as required by the Contract Documents. Slurry seal shall meet all requir ements of the Contract Documents and be placed where indicated on the plans and as required by the Contract Documents.

Demolish PCC Paving in Carlsbad Boulevard
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to saw-cut, remove and dispose of existing Portland cement concrete (PCC) pavement for Old Highway 101, located beneath the AC pavement section along Carlsbad Boulevard, 30 feet wide and 6 inches thick, centered on the centerline of the roadway.

Payment shall be made per lineal foot of trench with PCC pavement beneath the AC pavement, and for the trench width specified on the Bid Schedule . Payment will not be adjusted for variation in PCC pavement thickness.

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This bid item does not include saw-cutting, removal and disposal of AC or PCC pavement outside of the limits of Old Highway 101, which shall be considered included in the Furnish and Install Water Main bid item, the Water Main Connection bid item, or any other bid item involving trench excavation for und erground conduit construction including, but not limited to , trench excavations for fire hydrant piping or water and sewer service piping.

Construct Portland Cement Concrete Improvements
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and construct Portland cement concrete flatwork, pavement, concrete cross gutters, curb and gutter, complete in-place, in accordance with the Contract Documents.

The price paid shall include, but not be limited to, saw-cutting; subgrade preparation; importing, placing and compacting aggregate ba se; formwork; steel reinforcement; concrete; mortar; curing and all incidental work or services. Portland cement concrete or other site improvements that are damaged during construction, when such dama ge could have been prevented using rubber-tired equipment, steel plating or s imilar protective measures, will not be measured for payment and shall be replaced at the Contractor’s expense.

Payment for Portland cement concrete restoration shall be based on the applicable Carlsbad Standard Drawings (GS series) or San Diego Re gional Standard Drawings, as modified. Refer to Volume 3 of the Carlsbad Engineering Standards.

Furnish and Install Temporary Highline
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equ ipment and install temporary hig hline for domestic water serv ices or f ire services in accordance with the Contract Documents. The price paid shall include, bu t is not limited to, submittal of a highlining plan; securing temporary water meter; backflow prevention device; all piping, fittings and isolation v alves; disinfection; bacteriological tes ting; temporary asphalt (cold mix ); protective ramps or plating; maintenance of the highline system for the duration of the work; removal of the system upon reconnection of water or fire services; and site restoration including asphalt concrete paving or Portland ceme nt concr ete flat work, curb or gutter not paid for i n any other bid item . Materials used for th e temporary highline s hall be ANSI/NSF 61 certified with a working pressure rating of not less than 150 psi.

When a separate bid item is not included on the bid schedule for Temporary Highline, payment for Temporary Highline shall be considered included in the price bid for Furnish and Install Water Main and no separate payment shall be made therefor.

Furnish and Install Trenchless 12-inch FPVC Water Main in 24-inch Steel Casing The Contract Un it Price bid for this item shall constitute full compensation for furnishing all materials, labor, equipment , and tools for complete trenchless installation for a new 12-inch fused polyvinyl c hloride (FPVC) water main carrier pipe in a new 24-inch steel pipe casing , crossing underneath the NCTD railroad tracks, and in accordance with the Contract Documents.

This item includes all work associated with the tr enchless construction including but not lim ited to casing and carrier pipes; welding of steel casing; butt-fusion welding of carrier pipe; settlement monitoring surveys; fittings; hardware; spacers; casing end seals ; grout; corrosion protection of fittings and hardware ; thrust blocks and thr ust restraint devices ; hydrostatic pressure testing ; disinfection; bacteriological tes ting; disposal of surplus materials; and all incidental work. This item also includes all work associated in the NCTD right-of-way including, but not limited to, submitting construction documents and obtaining a Right of Entry and Access Authorization Permit , paying permit and inspection fees, settlement monitoring sur veys,

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flagging, Roadway Worker Protection (RWP) Training, and compliance with permit requirements.

Furnish and Install Trenchless Launching Pit
The Contract Unit Price bid for this item shall constitute full compensation for furnishing all materials, labor, e quipment, and tools for the complete construction of a launching pit for the Furnish and Install Trenchless 12-inch FPVC Water Main in 24-inch Steel Casing Bid Item. This item includes all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; shoring and bracing; placement and compaction of bedding and backfill; surveying; replacement of traffic loops ; and all incidental work , complete in accordance with the Contract Documents .

Once excavation is complete and pipe installation has started, 40% of this line item will be paid .

The remaining 60% f or this item w ill be paid when pipeline installatio n is complete, and the pit has been backfilled, compacted, and restored to the e xisting condition. This bid item shall not include pavement structural section rest oration which is measured and paid for under a separate bid item.

Furnish and Install Trenchless Receiving Pit
The Contract Unit Price bid for this item shall constitute full compensation for furnishing all materials, labor, equipment, and tools for the complete construction of a receiving pit for t he Furnish and Install Trenchless 12-inch FPVC Water Main in 24-inch Steel Casing Bid Item. This item includes all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; shoring and bracing; placement and compaction of bedding and backfill; surveying; replacement of traffic loops ; and all incidental work , complete in accordance with the Contract Documents .

Once excavation is complete and pipe installation has started, 40% of this line item will be paid .

The remaining 60% for this item w ill be paid when pipeline installation is complete, and the pit has been backfilled, compacted, and restored to the existing condition. This bid item does not include pav ement structural section rest oration which is measured and paid for under a separate bid item.

Furnish and Install 12-inch FPVC Water Main in 24-inch Steel Casing The Contr act Unit Price bid for this item shall constitute full compensation for furnishing all materials, labor, equipment , and tools to install new 12-inch fused polyvinyl chloride ( FPVC) water main carrier pipe in a new 24-inch steel pipe casing via open trench construction and in accordance with the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; casing and carrier pipe; welding of steel casing; butt-fusion welding of carrier pipe; gaskets; fittings; hardware; spacers; casing end seals; grout; corrosion protection of fittings and hardware ; thrust blocks and thrust restraint devices; hydrostatic pressure testing ; disinfection; bacteriological tes ting; disposal of surpl us materials and all incidental work. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item.

Furnish and Install PVC Water Main
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment and install new polyvinyl chloride (PVC) water main of the size specified per CMWD W-2 and in accordance with the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; removal of existing or to be abandon ed conduits or structures; placement and compaction of imported pipe zone bedding and backfill and tr ench zone backfill ; pipe; gaskets; hardware; fittings; corrosion protection of fittings and hardware ; thrust blocks and thrust restraint devices; installation of tracer w ire and utility warning tape ; hydrostatic pressure testing ; disinfection;

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bacteriological testing; disposal of surplus materials; and all incidental work. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item.

Furnish and Install Gate Valve
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, and equipment and install new resilient wedge gate valve of the size s pecified and valve box assembly per CMWD Standard Drawing W-21 and in accor dance with the Contract Documents. This bid item sh all include gaskets; hardware; corrosion protection coatings; polyethylene encasement; valve support blocks; thrust restraint fittings or concrete thrust blocks; valve box and lid; locating wire; and placement and compaction of imported pipe zone bedding and backfill and trench zone backfill. Gate valves insta lled for fire se rvice or fire hydrant assemblies shall be measured and paid for under separate bid items.

Furnish and Install 2-Inch Combination Air & Vacuum Valve Assembly The contract price paid fo r this bid item shall constitut e full compensation to furnish all labor, materials and equipment and install new combination air and vacuum valve assembly per CMWD Standard Drawing No. W -11 and in accordance with the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; removal of existing or to be abandon ed conduits or structures; dewatering and any required water d isposal; piping; isolation valves; fittings; combination air valve and enclosure; appurtenance pad; valve box and lid; locating wire; and placement and compaction of imported pipe zone bedding and backfill and trench zone backfill. This bi d item does not in clude pavement structural section restoration which is measured and paid fo r under a separate bid item.

Furnish and Install 2-inch Manual Air Release / Blowoff Assembly The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to install a new manual air release valve per CMWD No. W -10 and in accordance with the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; removal of existing or to be abandoned conduits or structures; dewatering and any required water disposal; piping; valves; fittings; valve box and lid; locating wire; and placement and compaction of imported pipe zone bedding and backfill and trench zone backfill. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item.

Furnish and Install Fire Hydrant Assembly
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new fire hydrant assembly per CMWD Standard Drawing No. W-17 and other requirements of the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; removal of existing or to be abandoned conduits or structures; dewatering and any required water disposal; pipe and fitti ngs; gate v alve; valve support bl ocks; thrust restr aint f ittings or concrete thrust blocks; hydrant; valve box a nd lid ; locating wire; placement an d com paction o f pipe zone bedding and backfill and trench zone backfi ll; appurtenance pads; fire hydrant markers and all incidental work. This bid item does not include pavement structural section res toration which is measured and paid for under a separate bid item.

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Furnish and Install Water Service Assembly and Reconnect Existing Service The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install new water service assemblies of the size specified and per CMWD Standard Drawing s and reconnect existing water service and in accordance with the Contract Documents. This bid item shall include all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; removal of existing or to be abandon ed conduits or structures; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; service saddle; corporation stop; copper tubing; pipe; fittings; utility warning tape; angle meter valve; sacri ficial anodes; meter box , site restoration and all incidental work . New water meters, where needed, will be furnished and installed by CMWD. This bid item does not include pa vement structural section restoration which is measured and paid for under a separate bid item.

Site Restoration Allowance for Water Services
The contract price paid for this bid item shall c onstitute full compensation for any and all additional labor, materials, and equipment to install , relocate or reconnect water service s in areas with decorative surface improvements (e.g., colored or stamped concrete , decorative pavers, paving stone, retaining walls , mow cu rbs, landscaping, etc.) which are above and beyond the unit cost included in the Furnish and Install Water Service Assembly and Reconnect Existing Service bid item. The properties listed below are subject to the site re storation allowance. The limits of removal of surface i mprovements shall be approved by the Engineer prior to conducting the work . No additional payment shall be made regardless of the amount of work required for a specific location:

Carlsbad Boulevard Address
5070 5128 5184 5262 5380 5480 5185 5115
5080 5140 5192 5276 5410 5319 5171** 5097
5098 5156 5220 5300 5420 5305 5157 5262*
5114 5170 5234 5370 5460 5225 5155
* 5262 address is on Shore Drive South.
** 5171 Carlsbad Blvd has two water meters; 31 addresses are listed above.

Asbestos Cement Pipe Removal and Disposal
The contract price paid for this bid item shall constitute full compens ation to furnish all labor, materials and equipment to remove and dispose existing asbestos cement pipe i n accordance with Section 02 060 of the Carlsbad Engineering Standards and other requirements of the Contract Documents. This bid item shall include the preparation and submittal of any required health and safety plans; excavation; dewatering; removal of ACP; polyethylene encasement of AC pipe to be dispose d; placement of ACP in designate d waste containers; legal disposal of pipe, providi ng manifest of disposal and all incidental work in accordance with applicable regulations.

Asbestos Cement Pipe Testing
The contract pr ice paid for this bid i tem shall constitute full compensation to furnish all labor, materials, tools and equipment to provide asbestos cement pipe testing in accordance with Section 02262 of the Carlsbad Engine ering Standards and other requireme nts of the Contract Documents. This bid item shall include marking AC pipe prior to removal; labeling, bagging and sealing samples for AC Pipe Testing; transport to the laboratory; laboratory testing and all incidental work.

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Abandon Water Main
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to abandon in -place existing water mains of the s ize specifi ed via slurry filling or cut-and-plug in accordance with the Contract Documents. This item shall include all excavation, dewatering, concrete slurry filling and plugging of pipe to be abandoned in-place, removing valve box and lid, backfill of excavations and all incidental work.

Water Main Connection
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment not inclu ded in any other bid it em to connect the new pipeline to the existing water main as identified on the Plans and in accordance with the Contract Documents.

This item shall i nclude saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; dewatering and any required water disposal; removal of existing or to be abandoned conduits or structures; pipe; fittings and couplings; disinfection; and placement and compaction of imported pipe zone bedding and backfill and trench zone backfill. This bid item does not include pavement structural section restora tion which shall be measured an d paid for under a separate bid item. No separate payment shall be made for wat er main connections that are not listed in the Bid Schedule.

Furnish and Install Temporary Sewer Bypass
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to design, install and maintain temporary sewer bypass system during sewer main and manhole rehabilitation and sewer main replacement in accordance with the Contract Documents. The price paid shall include, but is not limit ed to, submittal of a sewer bypass plan; temporary bypass system with redundant pump; system testing; all piping and connections; continuous system monitoring during bypass operations; security; temporary asphalt (cold m ix); protective barriers, ra mps or plating; maintenance of the syste m for the duration of the work; removal of the system upon completion of work; and site restoration.

Furnish and Install Manhole Rehabilitation
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to rehabilitate existing manholes with polymer concrete inserts inside existing manhole structures. This item includes all saw-cutting, demolition and d isposal of asphalt concrete pavement, excavation, demolition, polymer concrete inserts , cones, frames and covers, bedding, backfill, compaction, coating, and preparatory work necessary to install the inserts and provide complete and accurate record drawings. This item also includes all work and materials necessary to complete the work in accordance with the Contract Documents. Payment of this item shall be per each manhole installed and shall be made after the surface is restored.

No additional compensation shall be allowed.

Furnish and Install 8-inch PVC Sewer Main
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to construct a new 8 -inch SDR 35 PVC sewer gravity main where shown on the pla ns and in ac cordance with CSD S-5 and the Contract Docum ents. This bid item shall include, but is not limit ed to, saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; pipe, gaskets; filter fabric; placement of imported crushed rock bedding and pipe zone backfill; and placement and compaction of trench backfill. This bid item does not include pavement structural section restoration which is measured and pai d for under a separate bid item.

Revised 6/12/18 Contract No. 5048/5503 Page 133 of 156
Sewer Cleaning and CCTV Inspections
The contract price paid for this bid item shall constitute f ull compensation to furnishing all labor, materials, labor, tools, equipmen t, and all i ncidentals, necessary to complete the sewer cleaning, and video sewer inspections. This includes, but is not limited to, cleaning sewer, removal of grease, roots and obstructions, collection and disposal of debris at downstream manhole, video inspect existing sewer after initial cleaning and flushing of sewer, and post-video inspection of sewer after rehabilitation work is complete, and delivery of digital inspection video and logs to the Agency in accordance with the Contract Documents.

Furnish and Install 10-inch CIPP Sewer Lining
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, labor, tools, equipment, and all incidentals, necessary to install 10-inch Cured -In- Place Pipe (CIPP) liner within the existing sewer , in accordance with the Contract Documents.

This inclu des, but is not limited to, all sewer interior surface preparation, final interior sewer cleaning, liner insertion and curing process, en d seals, fin ishing at interface of man hole, field and laboratory testing, and all incidentals for installation of CIPP liner.

Furnish and Install Sewer Lateral Connections
The contract price paid for this item shall constitute full compensation for furnishing all materials, labor, equipment and to ols, except for PVC material, for the complete construction of 4” PVC (SDR-35) sewer pipe lateral. This item includes all saw-cutting, demolition and disposal of asphalt concrete pavement; excavation; pipe, service wyes and other fittings ; placement and compaction of bedding and backfill; testing; and surveying in accordance with the Contract Documents. Payment shall be made for each lateral connection successfully installed and tested. No additional compensation shall be allowed.

Furnish and Install Top Hat Sewer Lateral Connections Post-Lining The contract price paid for this bid item shall constitute full compensation to furnishing all labor, materials, labor, tools, equipment, and all incidentals , necess ary to install a Top Hat sewer service lateral with a robotically controlled device from inside the sewer mains without excavation in accordance with the Contract Documents . This includes, but is not limited to, sewer lateral interior surface prep aration, final interior sewer lateral cleaning, liner insertion an d curing process, field and laboratory testing, and all incidental work. Payment will be made per each lateral re-established once satisfactory installation is confirmed by CCTV video.

Remove and Dispose of 6-inch VCP Sewer
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to remove and dispose of existing 6 -inch VCP sewer pipe in accordance with the Contract Documents . This item shall include the preparation and submittal of any req uired health and safety plans; excavation; dewatering; removal of VCP; dispos al, hauling, trucking, or transport fees, and providi ng any required documentati on of proper disposal. This item also includes all incidental work in accordance with applicable regulations.

Payment shall be paid per linear foot of VCP removed and disposed.

Alternate Bid Item - Install 10-inch Spiral Wound PVC Sewer Liner The contract price paid for th is bid item shall constitute additive or deducti ve compensation to furnish all labor, materials, labor, tools, equipment, and to install Spiral Wound PVC lining, in lieu of CIPP lining per the base Bid Item for Furnish and Install 10 -inch CIPP Sewer Lining , in accordance with the Contract Documents. The costs for sewer interior surface preparation, final interior sewer cleaning, end seals, finishing at interface of manhole shall be paid for in the base Bid Item.

Revised 6/15/17 Contract No. 5048/5503 Page 134 of 156

SUPPLEMENTAL PROVISIONS
TO

STANDARD SPECIFICATIONS FOR PUBLIC WORKS

CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS

SECTION 200 - ROCK MATERIALS

200-2 UNTREATED BASE MATERIALS.

200-2.1 General.

Replace this subsection in its entirety with the following:

Materials for use as untreated base or subbase shall be classified in the o rder of preference as follows:
a) Class II Aggregate Base conforming to Caltrans Standard Specification, Section 2 6:

Aggregate Bases, Subsection 26-1.02B Class II Aggregate Base, ¾” maximum size. b) Crushed Miscellaneous Base conforming to subsection 200-2.4.

When base material without further qualification is specified, the Contractor shall supply Class II aggregate base. When a particular classification of base material is specified, the Contractor may substitute any higher classification of base material for that specified, following the order of preference listed above. All processing or blending of materials to meet the grading requirement will be performed at the plant or source. The materials shall compact to a hard, firm, unyielding surface and shall remain stable when saturated with water.

Add the following section:
200-2.2.4 Class II Aggregate Base. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the re quirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for t he r emainder of that day. However, another day's work may not be started u ntil t ests indicate that the next material to be used in the work will comply with the requirements specified for “Operating Range.”

If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Contract Compliance,” the ag gregate base which is rep resented by these tests shall be rem oved. However, if requested by the Cont ractor and ap proved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amou nt from any moneys due, or that may become due, the Contractor under the contract. If both the a ggregate grading and Sand Equivalent do not conf orm 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.

200-2.4.3 Quality Requirements.

Add the following:

Revised 6/15/17 Contract No. 5048/5503 Page 135 of 156
If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do not m eet the requirements specified, placement of the Crushed Mis cellaneous Base may be continued for the remainder of the working day. Work shall not resume until tests indicate that the aggregate to be used complies with the requirements specified.

If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified, the Crushed Miscellaneous Base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the material may remain in place and the Contractor shall pay to the City 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become du e, the Contractor under the contract. If both the aggregate grading and Sand Equi valent d o not conf orm t o the requirements for Crushed Miscellaneous Base, 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 Inches (mm)
All Concrete Used Within the Right-of-Way 560-C-3250 (1) (330-C-23)
(2)
Trench Backfill Slurry 190-E-400
(115-E-3)
8” (200)
Street Light Foundations and Survey Monuments 560-C-3250 (330-C-23)
4” (100)
Traffic Signal Foundations 590-C-3750
(350-C-27)
4” (100)
Concreted-Rock Erosion Protection 520-C-2500P
310-C-17
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.

201-1.2.4 Chemical Admixtures.

Substitute the following:

(d) Air-Entraining Admixtures. The air content shall not deviate from the percentage specified or permitted by m ore than 1-1/2 percentage points. The a ir con tent o f freshl y mixed concrete will be determined by California Test 504.

Revised 6/15/17 Contract No. 5048/5503 Page 136 of 156
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 n otes and sha ll be located either parallel or perpendicular to t he curb line. When not otherwise indicated, all expansion joints located adjacent to col ored 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 sh all su bmit produ ct da ta from the man ufacturer of ea ch joi nt sealant prod uct required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in for m o f ma nufacturer’s s tandard bead samples, consisting of strips of actua l 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 m aterial, design an d extent to that indicated for Pr oject that have result ed in construction with a record of successful in-service performance.

Provide jo int se alants, joint fillers, and ot her re lated m aterials that ar e compatible with one another and with joint substrates under conditions of service and application, as demons trated by sealant manufacturer based on testing and field experience.

When matching existing colored concrete or for new colored concrete, provide color selections from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curb line shall match color of Paving Treatment as specified in Section 303-7 of these Special Provisions.

Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide m anufacturer’s standard, non -modified, 2-or-more-part, polyurethane-based, elastomeric sealant complying with either ASTM-C920, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II.

Acceptable Pr oducts: “Sonneborn NPII”; Sonneborn Building Products Division; “Sc ofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer.

Provide s ealant backi ngs of m aterial and t ype that are nonstaining; are com patible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.

Plastic f oam join t fillers sha ll be pr e-formed, compre ssible, r esilient, no nstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane fo am or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.

Polystyrene foam is not acceptable.

Revised 6/15/17 Contract No. 5048/5503 Page 137 of 156
SECTION 203 - BITUMINOUS MATERIALS

203-6 ASPHALT CONCRETE.
203-6.2.1. Asphalt Binder.

Add the following:

Wet Mix or Cor e sampled asphalt con crete will be co nsidered in c onformance with the m ix design when the Asp halt Binder content is w ithin +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.4. Deviations in gr adation may be considered in conformance with t he mix des ign p rovided the sta bility of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4.

203-6.4 Asphalt Concrete Mixtures.

Add the following:

Conventional Asphalt concrete shall be class C2-PG64-10 for a surface course 2 inches in depth and B-PG64-10 for all base courses. Asp halt con crete shall be c lass D2 -PG70-10 for dikes and class E-PG70-10 ditches.

203-6.4.4 Composition and Grading.

Add the following:

Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all proce ssing ( Wet Mix) or by core sample anal ysis of the in-place asphalt concrete or by direct c entral plant in spection t hat co nfirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125.

When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for:

1. Asphalt Content and Gradat ion of E xtraction using Calif. Test 382 or A STM 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
and/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 b etween individual Hveem Stabilometer Val ues 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.

The amount of asphalt binder used in asp halt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way.

Wet Mix or Core sampled asphalt concre te will be considered in co nformance w ith th e mix design when the asphalt content is within +/- .40 of the design mix and the gradation conforms

Revised 6/15/17 Contract No. 5048/5503 Page 138 of 156
to the grading as shown in Tabl e 203 -6.4.4. Deviations in gra dation may b e considered in conformance with the m ix design provided the stability of the completed mix complies with the requirements for Hveem Stability per Table 203-6.4.4.

SECTION 213 - ENGINEERING GEOSYNTHETICS

213-5 GEOTEXTILES AND GEOGRIDS.

Add the following section:
213-5.1 General. Geotextile types shall be used for the applications listed in Table 213-5.1.

Table 213-5.1

GEOTEXTILE APPLICATIONS
Application of Geotextile Type Designation
Separation of Soil and Street Structural Section 90WS
Separation of Soil and Subsurface Aggregate Drain 180N
Reinforcement of Street Structural Section 200WS
Remediation and Separation of Soil 270WS
Reinforcement of Soil 270WS
Drainage at the Interface of Soil Structures N/A
Drainage at the Interface of Soil and Structures N/A
Rock Slope Protection Fabric for Rock Sizes Below 225 kg (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) 250N Plant Protection Covering 90N
Erosion Control Fence w ith 14 AWG - 150 mm x 1 50 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:
213-5.2 Erosion Co ntrol Sp ecialties. Storm wa ter erosio n cont rol plans shal l b e prepared, implemented, and main tained by individuals with the re spective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4.

Add the following section:
213-5.3 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 a nd securely tied cl osed.

Plastic bags are not acceptable.

SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 Ge neral: Modify as fo llows: Paint f or traffic lane lines, turn p ocket l ines, ed ge lines, channelizing lines, b ike la ne lines, chevrons, and curbs s hall b e rapid dry wa ter bor ne

Revised 6/15/17 Contract No. 5048/5503 Page 139 of 156
conforming to Caltrans Specification No. PTWB -01. Paint for pavemen t legends, pavement symbols, pave ment arrows, c ross wa lks, parking stall markings and stop bars shall be a lkyd thermoplastic conforming to Caltrans Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform t o the requirements o f Caltrans Specification No. 8 010-004 (Type II ). Caltrans Specifications for water borne paint, thermoplastic material and g lass beads may be obtained from the Caltrans Transportation Laboratory, P.O. Box 19128, S acramento, CA 95819, telephone number (916) 227-7000.

214-6 PAVEMENT MARKERS.

Add the following section:
214-6.4.3.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and requi red in the specifications shall be one of th e types shown in Table 214-

6.4.3.1, or equal thereto.

TABLE 214-6.4.3.1

TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor
TOM- Temporary Overlay
Markers
Davidson Traf fic Control Products, 3 110 70 th Avenue East, Tacoma, WA 98424,
(877) 335-4638

Add the following section:
214-6.4.3.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted t ype and shall be fur nished, p laced, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by p ersons wi th vi sion of or corrected to 20 /20.

Reflective channelizer shall be one of the types shown in Table 214-6.4.3.2, or equal thereto.

TABLE 214-6.4.3.2

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 D uck"
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 Com pliance in accordance with the provisions of Section 2-5.3.3 “Submittals”. Said c ertificate shall certify that the permanent

Revised 6/15/17 Contract No. 5048/5503 Page 140 of 156
reflective channelizers comply with the plans and specifications and conform to the prequalified design and ma terial requirements a pproved by the engineer and were manufactured in accordance with the approved quality control program.

Revised 6/15/17 Contract No. 5048/5503 Page 141 of 156

SUPPLEMENTAL PROVISIONS
TO

STANDARD SPECIFICATIONS FOR PUBLIC WORKS

CONSTRUCTION

PART 3, CONSTRUCTION METHODS

SECTION 300 – EARTHWORK

Add the following section:
300-2.10 Grading Tolerance. The Contractor s hall f inish excavated areas ot her than slopes and subgrade below structures, within the roadway and s idewalk areas within 30 mm (0.1’) of the grad es s hown on the plans. Subgrade toler ances s hall confo rm to the requiremen ts of section 301-1.4.

Add the following section:
300-12 STORM WATER POLLUTION PREVENTION PLAN.

300-12.1 St orm Water Pollution Preventio n Plan. As part of the s torm water po llution prevention w ork, t he Contractor shall prepare and subm it Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the City of Carlsbad Engineering Standards Volume 4 “SWPPP Manual”, “Greenbook” Standard Specifications for Pub lic Wor ks Constru ction, the requireme nts in t he California St orm Water Quality Association, Stormwate r Best Management Practice Handbook, Construction (“Handbook”), the requi rements of the Per mit, t he r equirements in the plans and these supplemental provisions.

300-12.2 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-

5.3. If revisions are required, the Contractor s hall revise and res ubmit t he SWPPP within 15 days of rec eipt of the Engineer’s comments and shall allow 5 days for the En gineer to review the revisions. Upon the En gineer’s acceptance of the SW PPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer.

The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality o f storm w ater d ischarges associated with t he project a nd to identify, construct, implement and m aintain storm water po llution prevention measures, hereafte r r eferred t o as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract.

The SWPPP shall incorporate control measures in the following categories:

1. Soil stabilization practices;

2. Sediment control practices;

3. Wind erosion control practices;

4. Non-storm water management and waste management and disposal control practices.

5. Daily street sweeping

Revised 6/15/17 Contract No. 5048/5503 Page 142 of 156
Specific ob jectives a nd minimum requireme nts for each category of control measures are contained in the Handbook.

The Contractor shall designate a Wat er Pollution C ontrol Manage r who will have th e responsibilities outlined in the SWPPP.

The SWPPP shall include, but not be limited to, the following items as described in the SWPPP:

1. Source Identification;

2. Erosion and Sediment Controls;

3. Non-Storm Water Management;

4. Waste Management and Disposal;

5. Maintenance, Inspection and Repair;

6. Training;

7. List of Contractors and Subcontractors;

8. Post-Construction Storm Water Management;

9. Preparer;

10. Copy of the local permit;

11. BMP Consideration Checklist;

12. SWPPP Checklist;

13. Schedule of Values; and

14. Storm Water Pollution Prevention Drawings.

The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in cons truction activities o r o perations which may af fect the discharge o f significant quantities o f pollutants to surfa ce waters, ground waters, muni cipal s torm drain s ystems, 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 discha rges. Amendments shall s how additional control measures or revis ed operations, in cluding those in areas not s hown in the init ially ac cepted 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 ma nner specified for the initially acce pted SWP PP. Accepted amendments shall b e dated a nd l ogged in the SWPPP.

Upon a cceptance of the amendment, the Contractor shall implement the ad ditional con trol measures or revised operations.

The Contractor shall keep a copy of the acc epted SWPPP and accepted amendments at the project s ite. The SWPPP s hall be made av ailable upon re quest of a r epresentative of the Regional Water Quality Con trol B oard, State Water Resources Control Board, U.S.

Environmental Protection Age ncy or local storm water management a gency. Requests by the public shall be directed to the Engineer.

300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible thro ughout the d uration of the project for installing, c onstructing, insp ecting a nd maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of tem porary control measures. Unless o therwise dir ected by the Engineer or specified in t hese sup plemental provisi ons, th e Contract or's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, rem oval an d disposal of cont rol meas ures are spe cified in the “Handbook” and these supplemental provisions.

Revised 6/15/17 Contract No. 5048/5503 Page 143 of 156

Soil stabilization practices and sediment control measures, includin g minimum requirements, shall be provided throughout the rainy season, defined as between October 1 and April 30.

Implementation of soil stabilization practices and sediment control m easures 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 rainy season or upon start of ap plicable construction activities for projects which begin either during or within 20 days of the rainy season.

The Contractor shall implement, year-round and throughout the duration of the project, control measures include d in th e SWPPP fo r sediment tracking, wind er osion, non-storm water management and waste management and disposal.

The Engineer ma y order the suspension o f construction operations, at the Cont ractor’s cos t, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer.

300-12.4 Maintenance. To ensure the proper im plementation and fu nctioning of con trol measures, t he Contractor shall regularly inspect a nd maintain t he construction site for the control measures identified in th e SWPPP, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued.

The construction site inspe ction checklist provided in the “ Handbook” shall be used to e nsure that t he necessary measures are b eing properly implemented, and to ensure that the control measures are fun ctioning adequately. The Contractor s hall su bmit one copy of each site inspection record to the Engineer, within two days of the inspection.

During th e rainy season, inspections of th e con struction si te 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 pr ecipitation which causes run off capa ble of carrying sediment from t he construction site;

3. At 24-hour intervals during extended precipitation events; and

4. Routinely, at a minimum of once every week.

If the Contractor or the E ngineer identifies a deficiency in th e deployment or functioning of a n 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 l ater than the on set of subsequent precipitation events. The correction of deficienc ies shall be at no additional cost to the City.

300-12.5 Payment. The contract lump sum pr ice paid for the SWPPP work shall include f ull compensation for the design, submittal, obtaining appro val, and amending the Ti er 2 SWPPP and for furnishing all labor, materials, to ols, equipment, and incidentals to install, impl ement, maintain and remove c onstruction B MPs per the ap proved SWPPP. The mos t recent Tier 2 construction SWPPP Template is available on the City Website.

Partial payment shall be based on the percentage of the total value of work completed.

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SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS

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 “150 mm (6 inches)” to “300 mm (12”)”.

301-1.3 Relative Compaction.

Delete the first paragraph and substitute the following:

The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or s ubbase material placed on them (including pipelines), or curb, gutter, curb and gutter, alley pavement, drive way, sidewalk constructed over them , to no less than 95 perce nt maximum dry density as determined by ASTM D1557.

301-1.7 Payment.

Modify the first paragraph as follows:

Payment for subgrade preparation shall be incidental to the contrac t bid price for wh ich the subgrade is prep ared a nd shall include all lab or, materia ls; inc luding water, o perations an d equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed.

SECTION 302 - ROADWAY SURFACING

302-5 ASPHALT CONCRETE PAVEMENT.

Add the following section:
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 conc rete paveme nt as s pecified in Section 30 6-13.1. Ramps s hall be constructed the same day as cold mi lling an d removed the same day as pe rmanent paving.

Ramp dimensions and compaction shall be as approved by the Engineer.

302-5.4 Tack Coat. Add the following : If the as phalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at a rate of 0.05 gallon per square yard or SS-1h emulsion at a rate between 0.05 and 0.10 gal/SY shall be unif ormly applied upon the existing pavement preceding the placement of the asphalt concrete.

The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with PG 64 -10 p aving asphalt, or SS -1h emulsion, immediatel y before th e adjoining asphalt concrete is placed.

The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete.

Revised 6/15/17 Contract No. 5048/5503 Page 145 of 156
302-5.5 Distribution and Spreading.

Add after the second sentence of sixth paragraph:

The C ontractor shall provide the s elf-propelled s preading a nd fi nishing ma chine used to construct the asphalt concrete surface course with an automatic screed control. The automatic screed control shall be 5 .5 m (18’) minimum l ength. 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 a ll paving operations. No conveyor belt systems will be allowed for moving the AC. No AC windrows will be allowe d. Only a surge volume/remix material transfer vehicle (MTV) is allowed to receive the AC from the hau l trucks and then place it in the s elf- propelled spreading and finishing machine. If the Engineer determines the use of the MTV is not practical for a portion of the project, the Engineer may waive its requirement for that portion.

302-5.6.1 General.

Add to the second paragraph, Part (2):

Pinched j oint rolling procedures shall be re quired, and vibratory rollers shall be lim ited t o breakdown, unless otherwise directed by the Engineer.

Add after the last paragraph:

Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section.

302-5.9 Measurement and Payment. Replace the first sentence with the following: Payment for pavement resurfacing shall be made at the unit bid price for the item requiring such work.

Add the following section:
302-15 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 the city’s con tracted was te comp any. The C ontractor shall acco mmodate mail delivery to residences and businesses during the work.

At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which resurfacing shall occur. Obtaining the appropriate addresses shall be th e Contractor’s re sponsibility. A sample letter sha ll be provided by t he city and the Contractor s hall use t he city’s s ample letter and modi fy it with the appropriate s treet names, dates, times, and phone numbers specific to the work.

The limits and sequencing of the Contractor’s resurfacing operations shall impact no more than 900 lineal feet of street or curb-side parking for residents and business on any given day.

Seventy-two hours prior to the s tart of any construction in the public right-of-way that affec ts vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the imp ending disruption via door h angers. For a full street clo sure, all resi dences and/ or businesses on the affected street or alley shall be no tified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified.

The Contractor shall deliver the 72-hour advance notification door hanger which shall state the date and time th e work will begin and its anticip ated duration. The notification sh all li st two telephone numbers that may be called to obtain additional information. One number shall be the

Revised 6/15/17 Contract No. 5048/5503 Page 146 of 156
Contractor’s permanent office or field office and the other number shall be a 24 -hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the 760 area code. An answering machine shall not be connected to eit her number. The notification shall also gi ve a b rief description of the wor k and simple in structions to the h ome or business owner o n what they need to do to facilitate th e construction. The Contractor shall use the sample door hanger provided by the city and su bmit door hangars to the Inspector for approval. Notices shall not be distributed until approved by the Inspector.

The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 4 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65-lb card stock. The printing on the notice shall be no smaller than 12-point. The door hanger shall list the street name, date, time, phone numbers, and appropriate information specific to the work.

The preparation, materials, printing and distribution of the notifications shall be included in the contract price for the Work r equiring such notifications and no separate or additional payment shall be made.

SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.

303-1 CONCRETE STRUCTURES.

303-1.2 Subgrade for Concrete Structures.

Add the following:

If groundwater is encountered, Contractor shall work a minimum 2’ deep of ¾” gravel into soil to provide an adequate base for construction of concrete structure.

303-1.11 Measurement.

Delete the subsection in its entirety and replace with the following:

Concrete structures will be measured for payment by each structure installed as specified in the bid schedule and in accordance with the plans and any referenced standard drawings.

303-1.12 Payment.

Delete the subsection in its entirety and replace with the following:

Payment for concrete structures will be made a s set forth in the Bid Schedule. P ayment shall include co mpensation for furni shing all labor, m aterials, tools, an d equipment n ecessary to construct the concrete structures complete in place. Items shall include submittal of PCC mix design for approval, structure excavation, subgrade and b ase preparation, furnishing PCC and casting-in-place, steel reinforcement, forms, covers, rims, grates, frames, collars, cone and draft sections, bases, steps, c lean up; an d f or all oth er work necessary t o install the conc rete structure, complete in place, and no additional compensation will be allowed therefor.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS G UTTERS, ALL EY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.

303-5.1.1 General.

Add the following:

Revised 6/15/17 Contract No. 5048/5503 Page 147 of 156
Portland Cement Concrete construction shall include, but not limited to, curbs, walkways, cross gutters, access ram ps, driveways, concrete c urb outlet, terrac e ditch es, and al l oth er miscellaneous PCC construction items as indicated on the plans and per these Specifications.

Removal of adjacent asphalt concrete and aggregate ba se removal associated with concrete curb construction shall be replaced with full depth asphalt concrete with a minimum width of one foot perpendicular to the fa ce of concrete edge. The replaced sec tion shall conform to the requirements of Sections 203-6, 302-5, 401-3 and match th e depth of the adjacent concrete gutter.

The C ontractor s hall verify with a “sm art level”, s tring line and/or wate r t esting t hat positive drainage is maintained upo n completion of finishing, and any irreg ularities causing w ater ponding shall be corr ected and refinished. The CITY shall be present to verify the co ncrete forms, prior to pouring any PCC construction improvements.

303-5.5.2 Curb.

Add the following:

The Contractor shall stamp the curb face wit h 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 considered as continuing across driveways, access ramps and drainage inlets 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.

SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION

306-3 TRENCH EXCAVATION.

Add the following:
306-3.1 General. When the a ctual elevation or position of any existing pipe, conduit, or other underground a ppurtenances cannot b e determined without exca vation, the Contractor shall excavate and e xpose the existing i mprovement at the loca tion sh own o n the Plans and any other locations deemed n ecessary by the Engineer. Such exc avation shall be conside red as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs.

Add the following:

Revised 6/15/17 Contract No. 5048/5503 Page 148 of 156
306-3.2 Removal of Surface Improvements.

Add the following:

Bituminous pavement, concrete pavement, cu rbs, sid ewalks, o r driveways r emoved in connection with con struction shall be removed in accordance wi th Subsecti on 401 of t he Standard Specifications and these Special Provisions and reconstructed in-kind.

306-3.5 Maximum Length of Open Trench.

Delete the first sentence for the first paragraph and replace with the following:

Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe in stalled and backfilled in a single day.

306-12 BACKFILL.

306-12.1 General.

Add the following:

The Contractor shall install detectable underground utility marking tape above each or, in the case of bundled underground conduit of t he same type, the upper underground conduit being installed by the open trench method.

Delete the following section in its entirety and replace with the following:
306-12.3.2 Compaction Requirements. The Contractor shall d ensify trench bac kfill to a minimum of 90 percent re lative compaction except that in the top 915 mm (36”) of the street right-of-way, compaction shall be 95 percent.

306-13 TRENCH RESURFACING.

306-13.1 Temporary Resurfacing.

Add the following:

Temporary bitu minous resur facing materials which are placed by the Contractor are for i ts convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of pe rmanent re surfacing o nly when appro ved by t he Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replac ed with permane nt resurfacing with in 7 d ays of placement. No additional payment will be ma de for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall i nclude ful l co mpensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials.

306-13.2 Permanent Resurfacing.

Add the following:

Except as provided in section 306-13.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and compaction of backfill and aggregate base materials.

Revised 6/15/17 Contract No. 5048/5503 Page 149 of 156
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.

314-4.3.1 General.

Add the following:

The Co ntractor shall furnish all eq uipment, materials, labor, and su pervision ne cessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in a ccordance with the Striping Plans, or for approved temp orary traffic control ess ential for safe control of t raffic throu gh and around th e c onstruction si te. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no lon ger required, they shall be removed prior to painting the new traffic stripes or markings.

314-4.3.4.1 General.

Add the following:

The Contractor shall provide a wet grinding machine wi th s ufficient capacity to com pletely 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 mea sured 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 fur nished by the C ontractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction.

Add the following section:
314-4.3.5.1 Preparation of Existing Surfac es. The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or tha t con flict with the p lans by wet grinding met hods. 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 de tritus resulting from high velocity water je t striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm dr ain system or t o 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 san dblasting in any areas. Alternate m ethods 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 30 mm (0.10’) thick asphalt concrete overlay is not permitted.

Add the following section:
314-4.3.5.2 L ayout, Alignment, a nd Spotting. The Contractor shall es tablish the necessary control points for all req uired pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by t he Contractor before establishment of the necessary control points. The Contractor shall establi sh all traffic stripi ng between these points by string line or other method to provide striping that will vary less than 80 mm per 100 m (1/2 inch in 50

Revised 6/15/17 Contract No. 5048/5503 Page 150 of 156
feet) fr om the s pecified alignment. The C ontractor shall o bliterate, st raight stri pes deviating more than 80 mm per 100 mm (1/ 2 inch in 50 feet) by we t grinding, and then correcting the markings. The C ontractor shal l lay out ( cat track) immediately behind installa tion of surface course asphalt and as the work progresses.

Add the following section:
314-4.3.5.3 Application of Paint. The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer and within the same working day of pavement resurfacing. After fourteen (14) calendar days, a second coat of paint shall be applied to all final, approved striping. The Contractor shall paint the ends of each median nose yellow. If required by the approved traffic control plans, the Contractor shall apply temporary traffic stripes in one coat. Temp orary traffic stripes shall be maintained b y the Contractor so tha t th e stripes a re clearly visible both day and night.

314-4.3.6 Payment.

Delete this section and replace with the following:

The contract lump sum price shall in clude full compensation for furnishing all labor, materials, tools, eq uipment, and incidentals, a nd for the installation of two coats of pa int, pa vement markers, thermoplastic legends and s ymbols, inlet stenc iling, signing, the pl an, and c ontract documents. Reapplication of temporary stripes and markings shall be repainted a t the Contractor's expense, and no additional compensation will be allowed therefor.

314-4.4.1 General.

Add the following:

Thermoplastic legends, symbols and striping shall be installed 14 ca lendar days after asphalt paving.

314-5 PAVEMENT MARKERS.

314-5.4 Placement.

Add the following:

Temporary pavement markers shall be installed on the asphalt concrete pavement immediately after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. All tem porary markers s hall be removed and rep laced with permanent pav ement markers fourteen (14) calendar days after paving.

Add the following section:
314-5.4.1 Reflective Channelizer Placement an d Re moval. The Contractor sh all place a nd remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in Section 310-5. 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 rep laced or restored to their original location, by the C ontractor. When reflective cha nnelizers a re removed the pav ement surface shall be restored to the same color and surface finish as the adjacent pavement.

Revised 6/15/17 Contract No. 5048/5503 Page 151 of 156

SUPPLEMENTAL PROVISIONS
TO

STANDARD SPECIFICATIONS FOR PUBLIC WORKS

CONSTRUCTION

PART 4, EXISTING IMPROVEMENTS

SECTION 400 – PROTECTION AND RESTORATION

400-1 GENERAL.

Add the following:

The Contractor shall replace all pavement s triping, markings and markers which are not designated for removal and are damaged as a result of its operations.

400-2 PERMANENT SURVEY MARKERS.

Delete the second paragraph and subparagraphs a), b) and c).

400-3 PAYMENT.

Delete in its entirety and replace with the following:

No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements.

No separate or additional payment will be made to restore permanent survey makers.

SECTION 401 – REMOVAL

401-3 CONCRETE AND MASONRY IMPROVEMENTS.

401-3.2 Concrete Cu rb, Walk, Gu tters, Cross Gutters, Curb Ramps, Driveway and Alley Intersections.

Delete the third and fourth sentence and add the following:

All existing concrete shall be removed to the nearest joint. Concrete shall be removed to neatly sawed edges with saw cuts ma de to a depth deep enough to produce a clean straight break without loosening, cracking or dama ging adjoining improvements. PCC and all other material unsuitable for use as fill, as determined by the Engineer, shall be removed from the right-of-way and disposed of by the Contractor at a site of his own choice and shall pay all costs incidental to the disposal.

Add the following section:
401-3.2.1 Adjacent Asphalt Concrete Removal. Removal of asphalt concrete and aggerate base associated w ith concrete driveway, ramp and curb and gutter construction shall be replaced with full depth asphalt concrete to a minimum width of one foot perpendicular from face of nearest concrete edge. Removal of adjoining asphalt section and the full depth replacement is incidental to the concrete curb and gutter work as described in section 303-5.

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SUPPLEMENTAL PROVISIONS
TO

STANDARD SPECIFICATIONS FOR PUBLIC WORKS

CONSTRUCTION

PART 6 TEMPORARY TRAFFIC CONTROL

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR

CONSTRUCTION AND MAINTENANCE WORK ZONES

Add the following section:
601-1.2 Payment.

The Contract price paid for Temporary Traffic Control shall include full compensation for, but not limited to , d esign, submittal and a pproval of the temporary traffic co ntrol pl an (TCP) and furnishing all labor, materials, tools, equipment, and incidentals for storing, placing, maintaining, moving to new loc ations, replacing and removing all traffic cont rol zone de vices including flaggers, construction area signs and signage, channelizing devices including traffic barriers and end treatments, traffic sign enhancement devices including portable changeable message signs and flashing arrow signs, temporary traffic striping and pavement markings and as shown on the Plans or approved TCP and in accordance with the Contract Documents.

Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the Work shall be considered included in the Contract price paid for Temporary Traffic Control and no additional compensation will be allowed therefor.

Progress payments for Temporary Traffic Control shall be based on the percentage of the total value of work completed.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.

601-3.1 General.

Add the following:

The C ontractor shall fu rnish and install te mporary tr affic pavement mar kers, channelizers, signage, railing (type K), barriers, crash cushions and end treatments for railings and barriers at the locations shown on the Plans or the approved TCP and as r equired b y the Contract Documents.

Add the following section:
601-3.4.1 General.

Add the following:

If temporary traffic signs are displaced or ov erturned by an y cause during the progress of the Work, the Contractor shall immediately replace the signs in their ap proved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contracto r shall replace or res tore graffiti marked temporary traffic signs and posts used in the Work within 8 hours of such discovery.

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In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices, t he Engineer may, at his/her sole option, may correct the deficiency and charge the Contractor fifty dollars ($50.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is greater.

601-3.5 Signs and Signage.

601-3.5.1 General.

Delete in its entirety and replace with the following:

Unless otherwise s pecified, signs shall conform to the California MUTCD. Portable signs shall consist of a base, standard or f ramework, and a s ign panel and conform with a pplicable provisions for portable signs in Caltrans Standar d Specification 12 -3.11. Sign units shall be capable of being delivered to the Work site and placed into immediate operation. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein.

Signage shall include all temporary signs required for the direction of tra ffic through or around the Work site. Sign placement shall conform to the California MUTCD and the TCP.

Temporary “No Parking” and “No Stopping” signs shall be instal led at le ast 24 hours befor e enforcement. Public notification of temporary “No Parking” restriction shall be posted at least 72 hours bef ore enforcement of the “N o Parking” zone. The n otification 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 to meet the date so indicated will require re-posting the no tification in advance of the rescheduled Work.

601-3.5.2 Payment.

Modify this section as follows:

Payment for signs and signage shall be included in the contract p rice for Temporary Traffic Control as specified in Section 601-2.2.

601-3.6 Channelizing Devices.

601-3.6.1 General.

Replace this section with the following:

Channelizers shal l be new su rface-mounted type and shall be f urnished, placed, and maintained a t th e locations shown on the plans. Channelizer posts shall be orange in c olor.

Channelizers shall have a ffixed white r eflective sheeting a s specified in th e special provisions.

The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in Section 312- 1, “Placement.” Channelizers shall be appl ied only on a clea n, 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 a lignment shall be perf ormed 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 loc ation, b y the Contra ctor. The Contrac tor shall provide the Engineer wi th a Certificate of Compliance in accordance with the provisions of Section 4-1.5, "Certification”. Said certificate shall certify that the c hannelizers c omply with the pla ns and specifications and

Revised 6/15/17 Contract No. 5048/5503 Page 154 of 156
conform to the prequalifi ed design and material requirements appr oved by the Engineer a nd were manufactured in accordance with a quality control program approved by the Engineer.

Add the following subsection:
601-3.6.5.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected n ew o r undamaged used precast co ncrete barrier un its 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.

Add the following subsection:
601-3.6.5.2 Appearance. Exposed surfaces of new and used units of temporary railing (Type K) shall be freshly coated with a white color paint prior to the ir first use on the project. The paint shall conform to the provisions in sections 210 -1.5 “ Paint Systems” and 31 0 “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 graff iti, tire or vehicle marks, dirt or other materials that mar the appearance when ordered by the Engineer.

Add the following subsection:
601-3.6.5.3 Manufacture of Temporary Railing. In addi tion to the req uirements he rein, the temporary railing (Type K) sh all be manufactured p er 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 S ection 201-1, “Portland Cement Concrete” and Section 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM A36/A36M. The bolts shall conform to ASTM A307. A round bar of the same diame ter may be substituted for the end-connecting bolt shown on th e plans. The bar shall conform to ASTM A36/A36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick p late welded on the up per 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 Su rface Finish. ” Exposed surfaces of concrete elements shall be cured by th e water method, the f orms-in-place method, or th e 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 b e more than 100 mm in height and shall be lo cated not more than 300 mm above the bottom of the rail panel.

Add the following subsections:
601-3.6.5.4 Installation of Te mporary Railing. In addition to the requirements herein, the temporary rai ling (Type K) shall be insta lled p er Caltrans Standard Drawin g T3. Temporary railing (Type K) s hall be s et on firm, stable foundation. The foundation s hall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be p laced 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 cu rved alignment. Each rail unit placed within 3 m (10’) of a traffic lane s hall h ave a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished b y the Co ntractor. A Ty pe P mark er panel conforming t o the req uirements o f t he Federal Highway Administration (FHWA) Ma nual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each en d of r ailing i nstalled adjacent to a two-lane, two -way h ighway and at t he e nd fac ing traffic of r ailing installed adjacent to a one-way roadbed. If the railin g is placed on a ske w, the

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marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of Section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be resto red to its previous condition or constructed to its planned condition.

601-3.6.5.5 Temporary Sa nd-Filled C rash C ushions. Temporary sand-filled cras h cushion units shall be selected f rom the latest C altrans Aut horized Material List for highway safety features and shall meet NC HRP 350 standards. Other features will be suitability to application, operational characteristics, durability a nd othe r such ch aracteristics t hat th e Engineer sha ll determine. Temporary sand -filled cra sh cushions (TSFCC) shall be of th e 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 le ss to the end of the temporary railing (Type K) being consid ered. The TSFCC shall b e installed per Caltrans Standard Drawings T1 a nd T2 for approach speeds no less than th e posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J a nd/or P marker pane l c onforming t o the re quirements of th e Federal Highway Adm inistration (F HWA) Ma nual on U niform Traffic Con trol Devices (MUTCD) 2009 Edition as amended by the MUTCD 20 09 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 th at crash cushi ons are installed with the soil supporting them and the adj acent 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.

601-3.7.5 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS).

Add the following:
601-3.7.5.1 General. Each portable changeable message sign (PCMS) unit shal l consist of a controller unit, a power supply, an d 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 ca n be delivered to t he site of the work an d placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.

The trailer shall be equipped so that it can be leveled a nd 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 (1 4.5') a bove the groun d. After i nitial place ment, PCMS s hall be mov ed from location to location as directed by the Engineer

601-3.7.5.2 Me ssage Board. The message displayed on the PCMS shall be visible f rom a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by pe rsons with vision corr ected to 20/20. The sign pa nel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.

Revised 6/15/17 Contract No. 5048/5503 Page 156 of 156

Lamp m atrix type signs shall be e quipped with an automatic dimming operational mod e that automatically compensates for the influence of a tempo rary light source or ot her 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 o perator to perform a ll functions from one p osition. A keyboard entry s ystem shall be provided to all ow an operator to generate an infinite number of additional messages over the pre-programmed stored me ssages. The keyboard shall be equipped with a secu rity lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in me mory during periods when the power is not activated. The controller shall provide for a variable me ssage display rate which allows the operator to match the information display to the speed of the ap proaching traffic. The flashing off time shall be operator adjustable within the control cabinet.

601-3.7.5.3 Op eration and Main tenance. PCMS shall be furnished, p laced, opera ted, and maintained at locations shown on the plans, specified herein, or designated by the En gineer.

The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's rec ommendations. When o wnership is transferred to t he 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.

601-3.7.5.4 Measurement and Paym ent. Payment for all tra ffic signs, in cluding P ortable Changeable Message Signs, are incidental to the bid item for Temporary Traffic Control and no other compensation will be made therefor.

601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS.

601-4.2.1 Ap plication of Temporary Pavement Markers. Temporary reflective raised pavement markers shall be plac ed in accordance with the manufacturer's in structions.

Temporary reflective rais ed 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 p avement markers in ar eas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed b y grinding as determined by the Engineer. The Contractor shall u se temp orary reflective raised pavement markers for temporary pave ment ma rking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of t he removable- type pavement markers shall conform to the Section 314-3 Removal of Pavement Markers and Section 314-5 Pavement Markers, except the 14 -day w aiting period before placing t he pavement markers on new asphalt concrete s urfacing as s pecified in Sec tion 314-5.4 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.

Technical Specifications
SECTION 02445 – PIPE RAMMING
CONTRACT NO. 5048 PIPE RAMMING

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Carlsbad City CouncilFebruary 13, 2024

Carlsbad City Council
February 13, 2024