CA Review GH
Meeting Date: March 4, 2025
To: Mayor and City Council / President and Board Members
From: Geoff Patnoe, City Manager / Executive Manager
Staff Contact: Brandon Miles, Associate Engineer
[email protected], 442-339-2745
Sean Diaz, Utilities Senior Engineer
[email protected], 442-200-7222
Subject: Approval of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for Phase 1 of the Village and Barrio Traffic Circles Project
District: 1
Recommended Actions
1. Adopt a City Council resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for Phase 1 of the Village and Barrio Traffic Circles Project.
2. Adopt a Carlsbad Municipal Water District Board of Directors resolution approving the plans, specifications and contract documents and authorizing the Secretary to the Board of Directors to advertise for bids for Phase 1 of the Village and Barrio Traffic Circles Project.
Executive Summary
As part of an overall goal of improving traffic safety and walkability, the Village & Barrio Master Plan calls for adding traffic circles and other traffic calming features at several intersections in the Barrio area. Based on community feedback, technical analysis and the City Council’s direction, Phase 1 of the project includes construction of five traffic circles and enhanced crosswalks, and Phase 2, which staff plan to present in late 2025, includes curb extensions at two intersections.
Consistent with the support from the Traffic Safety & Mobility Commission and the City Council, the project design for Phase 1 has been completed. Staff have also received approval from the California Department of Transportation to bid the project and use federal funds to construct Phase 1 of the project, formally called the Village and Barrio Traffic Circles Project, Capital Improvement Program Project No. 4015.
Before construction of the traffic circles in the middle of these intersections begins, the project will relocate and replace aging water and sewer utilities to comply with current standards, which will improve reliability. The portion to replace water distribution lines will be funded by March 4, 2025
Item #4 Page 1 of 19
the Carlsbad Municipal Water District, or CMWD, as part of the Water System Rehabilitation and Replacement Program, Capital Improvement Program Project No. 3904, specifically as Project No. 3904-D.
The construction cost for the transportation and utility improvements is estimated to total over $5.1 million, with the transportation portion over $3.7 million and the utility portion over $1.4 million, not including contingency and construction support services.
The City Council and the CMWD Board’s approvals of these plans, specifications and contract documents are required under Carlsbad Municipal Code, or CMC, Section 3.28.080(E) - Construction Projects, because the project cost is more than $220,000.
Explanation & Analysis
Given the flat terrain and proximity to the beach, Village area and Coastal Rail Trail, the Barrio is a neighborhood ideal for walking and biking. That’s why the Village & Barrio Master Plan, approved by the City Council in 2019, recommended adding traffic circles and other design features that would slow down traffic, encourage safer driving behaviors, and make walking and biking more inviting.
To complete this project as quickly as possible and consistent with the City Council’s direction on Jan. 9, 2024, with adoption of Resolution No. 2024-013, staff have developed the following phased plan:
Phase 1:
• Pine Avenue and Harding Street – traffic circle with public art • Oak Avenue and Jefferson Street – traffic circle
• Pine Avenue and Madison Street – traffic circle
• Chestnut Avenue and Madison Street – traffic circle
• Chestnut Avenue and Roosevelt Street – traffic circle • Oak Avenue and Roosevelt Street – enhanced crosswalks March 4, 2025
Item #4 Page 2 of 19
Phase 2 of the project, which is currently in the design phase, will include curb extensions at the intersections of Palm Avenue and Harding Street and Magnolia Avenue and Madison Street.
What are traffic circles?
Unsafe speeds, violating signs and signals and improper turning are the top causes of injury collisions in Carlsbad. Traffic circles address all of these causes of injury collisions by making physical changes to the road, which results in drivers slowing down and paying more attention to their surroundings. Traffic circles also eliminate direct left turns.
Traffic circles are typically used in neighborhoods rather than major thoroughfares. They have a smaller footprint than roundabouts, which typically can fit within the public right-of-way and place crosswalks closer to the intersection without physical splitter islands to serve as refuge for pedestrians.
March 4, 2025
Item #4 Page 3 of 19
Traffic circles have been used successfully at other intersections in Carlsbad, including the intersection of Chestnut Avenue and Jefferson Street in the Barrio. This design was recommended in the Village & Barrio Master Plan because it is the best solution to discourage speeding and improve safety in a way that fits a residential neighborhood setting. Traffic circles were also recommended because they can fit within the public right-of-way and can be used for public art, designed to exhibit the local community character.
Federal grant
The city worked with U.S. Representative Mike Levin in 2021 to secure up to $5 million in federal funding of which $4 million has been set aside for construction of the Barrio Traffic Circles project and $1 million for construction of the Barrio Lighting project. This funding will help offset the cost of construction.
On Dec. 26, 2024, Caltrans issued the Authorization to Proceed with Construction, which authorizes the city to proceed with advertising the project for construction bids.
The project includes other components and improvements such as water and sewer utilities relocation and replacement.
Utility replacement projects
The CMWD and the Utilities Department will utilize water and sewer replacement funds appropriated to Capital Improvement Program Project Nos. 3904-D and 4015 to replace aging water and sewer infrastructure, respectively, within the traffic circle improvements' project area. The utility improvements will replace aging water and sewer infrastructure to conform with current design standards and enhance system reliability and maintenance operations.
March 4, 2025
Item #4 Page 4 of 19
Though funded separately using enterprise funds, the utility improvements are included in the contract documents for the transportation improvements, which will be bid as one contract to reduce costs and align schedules.1
Parking considerations
Traffic calming features often require on-street parking spaces near the intersection to be eliminated. The estimated number of on-street parking spaces that would be eliminated as a result of the traffic circles and enhanced crosswalks are:
Intersection Feature Spaces
Oak Avenue and Jefferson Street Traffic circle 5
Pine Avenue and Harding Street Traffic circle 7
Chestnut Avenue and Madison Street Traffic circle 11
Chestnut Avenue and Roosevelt Street Traffic circle 13
Pine Avenue and Madison Street Traffic circle 10
Oak Avenue and Roosevelt Street Enhanced crosswalks 0
The Village & Barrio Master Plan requires an annual parking study to be completed to monitor parking availability at different times of the day and days of the week. The most recent study determined that parking use in the Barrio has not changed significantly. Analysis of the 2024 parking study is underway, and the results are anticipated later this year.
In addition to the city’s Parking Management Plan, a parking analysis was prepared specific to the Barrio Traffic Circles Project in 2023. The areas where traffic circles are proposed have adequate parking available during all days and times, and the project will not have a significant impact on parking availability in the study area. The city has already reached out to the property owners and residents at the traffic circle locations and have met with those who requested to meet.
Community Engagement
The Barrio Traffic Circles Project was developed as part of the Village & Barrio Master Plan, which included significant input from the community.
Since that time, staff have kept the community informed about the project and i nvited feedback at each presentation to the Traffic Safety & Mobility Commission, Planning Commission and City Council, as outlined below:
April 6, 2020 – The Traffic & Mobility Commission voted to support staff’s recommendation to implement traffic calming within the Village and Barrio neighborhood. The approved minutes of the meeting are included as Exhibit 5.
Sept. 7, 2021 – The
Traffic & Mobility Commission voted to support staff’s
recommendation to implement an alternative intersection control at Oak Avenue and
1 Enterprise funds are used to account for services that are provided to the general public on a user -charge basis.
They must be separate and distinct from other funds, like the city's General Fund, the fees cannot be for more than it costs to provide the service, and the funds can only be spent on their specific purpose. CMWD is run out of an enterprise fund.
March 4, 2025
Item #4 Page 5 of 19
Roosevelt Street, based on community feedback. The approved minutes of the meeting are included as Exhibit 6.
Jan. 9, 2024 – The City Council adopted Resolution No. 2024-013, selecting curb extensions as the preferred traffic calming design at the intersections of (1) Palm Avenue and Harding Street and (2) Magnolia Avenue and Madison Street, and supporting the phasing of the improvements into two phases. The resolution of the meeting is included as Exhibit 7.
May 6, 2024 – Th e Traffic Safety & Mobility Commission voted to support staff’s recommendation to approve the plans and specifications for phase 1 of the project. The approved minutes of the meeting are included as Exhibit 8.
Fiscal An
alysis
The project’s account includes $4 million of federal grant funding. Additional sufficient funding have been appropriated from Gas Tax, TransNet2 local, General Capital Construction and Sewer Replacement funds in Capital Improvement Program Project No. 4015 and Water Replacement funds for the portion to replace water distribution lines as part of the Water System Rehabilitation and Replacement Program, Project No. 3904-D. Any remaining balance from the federal grant funding will be used for the Barrio Lighting project.
The available funds and estimated costs for the projects are shown in the following tables:
1TransNet is a countywide sales tax collected to fund regional transportation projects.
Barrio Traffic Circles – Phase 1
Capital Improvement Program Project No. 4015
Total appropriation to date $6,259,000
Total expenditures and encumbrances to date -$1,077,918 Total available balance $5,181,082
Additional project costs
Construction contract (engineer’s estimate) -$3,727,555 Construction contingency (estimated) -$620,000
Construction management, inspection, material testing and support services (estimated) -$470,000
Total estimated construction costs (transportation and sewer improvements) -$4,817,555
Remaining balance $363,527
Additional appropriation needed $0
Water System Rehabilitation and Replacement Program
Capital Improvement Program Project No. 3904
March 4, 2025
Item #4 Page 6 of 19
Environmental E valuation
In accordance with the California Environmental Quality Act, or CEQA, and the Environmental Protection Act, the project was previously evaluated in the final initial study/mitigated negative declaration (Final IS/MND SCH No. 2016021056), dated April 2018, as part of the City of Carlsbad Village & Barrio Master Plan. The final initial study/mitigated negative declaration evaluated the potential environmental effects of the project components described in the Master Plan. The project is within the scope of the final initial study/mitigated negative declaration and no further CEQA documentation is required under CEQA guidelines Section 15162. All applicable mitigation measures contained in the prior environmental document have either been satisfied previously, or will be incorporated into the project, or are conditions of approval for the project.
The project is exempt from National Environmental Policy Act (NEPA) review as outlined in NEPA Regulation 23, which applies to federally funded projects receiving less than $5 million or with a total estimated cost of not more than $30 million. Caltrans’ determination of exclusion is recorded in a categorical exclusion determination form dated May 5, 2023. Additionally, the categorical exclusion determination was revalidated on March 27, 2024, to verify the environmental documents and decisions remained valid.
Next Steps
Upon the City Council and the CMWD Board’s approvals, the City Clerk and the Secretary to the Board will advertise a request for bids to construct the project. Staff will evaluate the bids received and identify the lowest responsive and responsible bidder.
Staff will then return to the City Council and the CMWD Board with a recommendation to award a construction contract to the identified bidder, which is expected to be in spring 2025.
The construction contract for the project provides for 12 months to complete the project improvements. Construction is expected to begin in summer 2025 and be completed by summer 2026.
Total appropriation to date $19,058,366
Total expenditures and encumbrances to date -$8,915,981 Total available balance $10,142,385
Replace Water Distribution Lines for the Barrio Traffic Circles Project Capital Improvement Program Project No. 3904-D
Construction contract (engineer’s estimate) -$1,453,700 Construction contingency (estimated) -$218,000
Construction mgt, inspection, testing & support services (estimated) -$238,000 Total estimated project costs (water improvements) -$1,909,700 Remaining balance $8,232,685
Additional appropriation needed $0
March 4, 2025
Item #4 Page 7 of 19
Exhibits
1. City Council resolution
2. CMWD Board resolution
3. Plans, specifications, and contract documents (o n file in the Office of the City Clerk and the Office of the Secretary to the Board)
4. L ocation map
5. April 6, 2020, Minutes of the Traffic & Mobility Commission ( on file in the Office of the City Clerk)
6. S ept. 7, 2021, Minutes of the Traffic & Mobility Commission ( on file in the Office of the City Clerk)
7. Ci ty Council Resolution No. 2024- 013 ( on file in the Office of the City Clerk)
8. May 6, 2024, Minutes of the Traffic Safety & Mobility Commission ( on file in the Office of the City Clerk)
March 4, 2025
Item #4 Page 8 of 19
uoc us1gn t:nvelope IU: jtiUt:SU!:J4!:J-UU /U-4Hbl--H/ / A-/Hf-jU j C/UC!:JH RESOLUTION NO. 2025-059
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 PHASE I OF THE VILLAGE AND BARRIO TRAFFIC CIRCLES PROJECT WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to construct Phase 1 of the Village and Barrio Traffic Circles Project, Capital Improvement Program, or CIP, Project No. 4015, or Project; and WHEREAS, in keeping with the city's General Plan Mobility Element and Growth Management Plan, the Project will construct traffic circles at five intersections and enhanced crosswalks at one intersection in the Barrio neighborhood to improve traffic safety and walkability; and WHEREAS, the plans, specifications and contract documents for the Project have been prepared, are on file at the City Clerk's office and are incorporated herein by reference; and WHEREAS, staff reviewed the improvement plans, specifications and cost estimates developed by a consultant and determined that the proposed design meets the city's engineering codes, standards and policies and that the proposed construction work would ameliorate the infrastructure and neighborhood; and
WHEREAS, Carlsbad Municipal Code Section 3.28.080(E) requires the City Council to approve plans, specifications and contract documents for all construction projects that are to be formally bid upon when the value exceeds $220,000; and
WHEREAS, the total cost of the Project including transportation and utility improvements is estimated to be $6,727,255, including construction contingency, construction management, inspection and material testing services, and community outreach costs, of which $4,817,555 is to complete the transportation and sewer improvements using the funds in CIP Project No. 4015, and the remaining $1,909,700 is to complete the water system rehabilitation and replacement using the funds from CIP Project No. 3904-D; and
WHEREAS, sufficient funding from a federal grant program, Gas Tax, TransNet, General Capital Construction and Sewer Replacement funds are available to complete the Project; and WHEREAS, the project appropriation includes $4 million of federal grant funding and was authorized to proceed with construction and bids by Caltrans on Dec. 26, 2024; and uocus1gn t:nvelope JU: j bUt:lU!:J4!:J-UU /U-4!:i!:Jf--!:I/ / A - f!:iJ-j UjC /UC!:J!:i WHEREAS, in accordance with the California Environmental Quality Act, or CEQA, and the Environmental Protection Act, the project was previously evaluated in the Final Initial Study/Mitigated Negative Declaration (Final IS/MND SCH No. 2016021056), dated April 2018, as part of the City of Carlsbad Village and Barrio Master Plan. The Final IS/MND evaluated the potential environmental effects of the project components described in the Master Plan. The project is within the scope of the Final IS/MND and no further CEQA documentation is required per CEQA guidelines Section 15162. All applicable mitigation measures contained in the prior environmental document have either been satisfied previously, or will be incorporated into the project, or are conditions of approval for the project; and
WHEREAS, the Project is exempt from National Environmental Policy Act, or NEPA, review as outlined in NEPA Regulation 23, which applies to federally funded projects receiving less than $5 million or with a total estimated cost of not more than $30 million . The California Department of Transportation's determination of exclusion is recorded in a categorical exclusion, or CE, determination form dated May 5, 2023. Additionally, the CE determination was revalidated on March 27, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. 2.
That the above recitations are true and correct.
That the plans, specifications and contract documents for Phase 1 of the Village and Barrio Traffic Circles Project, CIP Project No. 4015, are hereby approved and on file in the Office of the City Clerk.
3. That the City Clerk is authorized and directed to publish in accordance with state law, a Notice to Contractors Inviting Bids for construction of Phase 1 of the Village and Barrio Traffic Circles Project, CIP Project No. 4015, in accordance with the plans, specifications and contract documents referred to herein .
uocus1gn t::nvelope IU : jbLJl::lU!>4!>-UU /U-4H!>t--H/ / A-/Ht-jUjC/UC!>H PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of March 2025, by the following vote , to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder , Shin.
None.
None.
None.
) ~
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
u ocus 1gn envelope 1u: AA4c/Jtl!:i -ctlt-U -4Ctits -tl::>7!:i-A £ tst-:.!Jts!:Utltit RESOLUTION NO. 1764
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 TO THE BOARD OF DIRECTORS TO ADVERTISE FOR BIDS FOR PHASE 1 OF THE VILLAGE AND BARRIO TRAFFIC CIRCLES 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 Phase 1 of the Village and Barrio Traffic Circles Project, Capital Improvement Program, or CIP, Project No. 3904-D, or Project, which is part of the Village and Barrio Traffic Circles Project, CIP Project No. 4015; and
WHEREAS, the plans, specifications and contract documents for the Project have been prepared and are on file in the Office of the Secretary to the Board of Directors and are incorporated herein by reference; and
WHEREAS, staff reviewed the improvement plans, specifications and cost estimates developed by a consultant and determined that the proposed design meets the city's engineering codes, standards and policies and that the proposed construction work would ameliorate the infrastructure and neighborhood; 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 construct ion projects that are to be formally bid upon when the value exceeds $220,000; and WHEREAS, the total cost for Phase 1 of the Village and Barrio Traffic Circles Project, CIP Project No. 4015, including street and utility improvements is estimated to be $6,727,255, including construction contingency, construction management, inspection and material testing services, and community outreach costs, and the portion attributable to the water infrastructure in CIP Project No. 3904-D is estimated to be $1,909,700; and
WHEREAS, in accordance with the California Environmental Quality Act, or CEQA, and the Environmental Protection Act, the project was previously evaluated in the Final Initial Study/Mitigated Negative Declaration (Final IS/MND SCH No. 2016021056), dated April 2018, as part of the City of Carlsbad Village and Barrio Master Plan. The Final IS/MND evaluated the potential environmental effects of the project components described in the Master Plan. The project is within the scope of the Final IS/MND and no further CEQA documentat ion is required per CEQA guidelines Section 15162. All uoc us 1gn t:nve1ope IU : AA4t: r J tl~ - t:tlt- U-4Gbt:s-tlb H:l-A:.!t:st-:.!Jt:s~ ftlb r applicable mitigation measures contained in the prior environmental document have either been satisfied previously, or will be incorporated into the project, or are conditions of approval for the project .
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 to replace water distribution pipelines for Phase 1 of the Village and Barrio Traffic Circles Project, CIP Project No. 3904-D, as part of the Village and Barrio Traffic Circles Project, CIP Project No. 4015, are hereby approved and on fi le in the Office of the Secretary to the Board of Directors.
3. That the Secretary to 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 Inviting Bids fo r 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 4th day of March 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, President
j~ le.. ~ ~ ~
SHERRY FREISINGER, Secretary
(SEAL)
Exhibit 3
Plans, Specifications and Contract Documents
(on file in the Office of the City Clerk)
March 4, 2025
Item #4 Page 14 of 19
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 1 of 306
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS, SUPPLEMENTAL
PROVISIONS, AND TECHNICAL
SPECIFICATIONS
FOR
CPFCDS 5308(025) FUNDED PROJECT
BARRIO TRAFFIC CIRCLES
CONTRACT NO. 4015
PWS25-3622TRAN
THIS PROJECT IS A FEDERAL PREVAILING WAGE JOB
Federal Wage Determination Applies
THIS CONTRACT WILL BE SUBJECT TO THE FOLLOWING:
o PREVAILING WAGE RATES: STATE
o APPRENTICESHIP
o THIS IS A COMMUNITY PROJECT FUNDING / CONGRESSIONALLY DIRECTED SPENDING (CPFCDS)
o CALTRANS DIVISION OF LOCAL ASSISTANCE (DLA)
o LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM)
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 2 of 306
TABLE OF CONTENTS
It
em Page
Not
ice Inviting Bids ..................................................................................................................... 7 Cont
ractor's Proposal ................................................................................................................ 14 Bi
d Security Form ..................................................................................................................... 36 Bi
dder’s Bond To Accompany Proposal .................................................................................... 37 Federal
Lobbying Restrictions ................................................................................................... 38 Di
sadvantaged Business Enterprise (DBE) ............................................................................... 39 Gui
de For Completing the “Designation of Subcontractor and Amount of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work” Forms ................................................................................................ 40 Des
ignation of Owner Operator/Lessor and Amount of Owner Operator/Lessor Work .............. 42 Des
ignation of Subcontractor and Amount of Subcontractor’s Bid Items ................................... 44 Bi
dder's Statement of Financial Responsibility .......................................................................... 45 Bi
dder's Statement of Technical Ability and Experience ............................................................ 46 Bi
dder's Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ..................................................................................... 47 Bi
dder’s Statement of Re Debarment ........................................................................................ 48 Bi
dder's Disclosure of Discipline Record ................................................................................... 49 Nonc
ollusion Declaration to Be Executed By Bidder and Submitted With Bid ........................... 51 Cont
ract Public Works ............................................................................................................... 52 Labor and
Materials Bond ......................................................................................................... 59 Fait
hful Performance/Warranty Bond ........................................................................................ 61 Opt
ional Escrow Agreement for Surety Deposits In Lieu of Retention ....................................... 63 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 3 of 306
SUPPLEMENTAL PROVISIONS
Par
t 1 General Provisions
Sec
tion 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms ................................................................................................................ 66 1-2 Definitions .......................................................................................................... 67 1-3 Abbreviations ..................................................................................................... 72 Sec
tion 2 Scope and Control of the Work
2-3 Subcontracts ...................................................................................................... 77 2-4 Contract Bonds .................................................................................................. 77 2-5 Plans and Specifications .................................................................................... 79 2-9 Surveying ........................................................................................................... 84 2-10 Authority of Board and Engineer ........................................................................ 88 Sec
tion 3 Changes In Work
3-2 Changes Initiated by the Agency ........................................................................ 90 3-3 Extra Work ......................................................................................................... 91 3-4 Changed Conditions .......................................................................................... 93 3-5 Disputed Work ................................................................................................... 95 Sec
tion 4 Control of Materials
4-1 Materials and Workmanship ............................................................................. 101 4-2 Materials Transportation, Handling and Storage .............................................. 105 Sec
tion 5 Utilities
5-1 Location ........................................................................................................... 106 5-4 Relocation ........................................................................................................ 107 5-6 Cooperation ..................................................................................................... 109 Sec
tion 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ...................................... 111 6-2 Prosecution of Work ......................................................................................... 113 6-6 Delays and Extensions of Time ........................................................................ 117 6-7 Time of Completion .......................................................................................... 118 6-8 Completion and Acceptance ............................................................................ 119 6-9 Liqui dated Damages ........................................................................................ 121 Sec
tion 7 Responsibilities of the Contractor
7-3 Liability Insurance ............................................................................................ 122 7-4 Workers' Compensation Insurance .................................................................. 122 7-5 Permits ............................................................................................................ 123 7-7 Cooperation and Collateral Work ..................................................................... 124 7-8 Project Site Maintenance ................................................................................. 124 7-10 Public Convenience and Safety ....................................................................... 128 7-13 Laws To Be Observed ..................................................................................... 137 7-15 Prevailing Wage ............................................................................................... 138 7-16 Public Safety .................................................................................................... 138 7-17 Buy America Requirements ............................................................................. 140 7-18 Removal of Asbestos and Hazardous Substances ........................................... 141 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 4 of 306 7-19 Subcontractor and DBE Records ..................................................................... 141 7-20 Subcontract ing ................................................................................................. 142 7-21 Prompt Progress Payment to Subcontractors .................................................. 143 7-22 Prompt Payment of Withheld Funds to Subcontractors .................................... 143 Sec
tion 8 F acilities for Agency Personnel ........................................................................ 144 Sec
tion 9 Measurement and Payment
9-1 Measurement of Quantities For Unit Price Work .............................................. 145 9-3 Payment .......................................................................................................... 145 9-4 Bid Items .......................................................................................................... 149 Sec
tion 10 Federal Requirements for Federal-Aid Construction Project ............................ 162 Par
t 2 Construction Materials
Sec
tion 200 Rock Materials
200-2 Untreated Base Materials ................................................................................. 163 Sec
tion 201 Concrete, Mortar and Related Materials
201-1 Portland Cement Concrete .............................................................................. 164 Sec
tion 203 Bituminous Materials
203-6 Asphalt Concrete ............................................................................................. 168 Sec
tion 206 Miscellaneous Metal Items
206-7 Traffic Signs ..................................................................................................... 173 206-8 Light Gage Steel Tubing and Connectors ........................................................ 176 206-9 Portable Changeable Message Sign ................................................................ 177 Sec
tion 207 Pipe
207-2 Reinforced Concrete Pipe ................................................................................ 1 80 Sec
tion 213 Engineering Fabrics
213-5 Geotextiles ....................................................................................................... 1 80 213-6 Erosion Control Specialties .............................................................................. 180 Sec
tion 214 Pavement Markers
214-5 Reflective Pavement Markers .......................................................................... 181 Sec
tion 216 P recast Reinforced Concrete Box .................................................................... 183 Section 217 Bedding and Backfill Materials ......................................................................... 183 PA
RT 3 Construction Methods
Sec
tion 300 Earthwork
300-1 Clearing and Grubbing ..................................................................................... 183 300-2 Unclassified Excavation ................................................................................... 184 300-3 Structure Excavation and Backfill ..................................................................... 186 300-4 Unclassified Fill ................................................................................................ 186 300-5 Borrow Excavation ........................................................................................... 187 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 5 of 306 300-9 Geotextiles For Erosion Control and Water Pollution Control. .......................... 188 Sec
tion 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation ...................................................................................... 191 Sec
tion 302 Roadway Surfacing
302-1 Oiled Roadways and Shoulders ....................................................................... 192 302-5 Asphalt Concrete Pavement ............................................................................ 193 Sec
tion 303 Concrete and Masonry Construction.
303-1 Concrete Structures ......................................................................................... 195 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways ..................................................................... 196 Sec
tion 306 Underground Conduit Construction
306-3 Trench Excavation ........................................................................................... 196 306-6 Bedding ........................................................................................................... 197 Sec
tion 307 Jacking and Tunneling
307-1 Jacking Operations .......................................................................................... 198 Sec
tion 308 Microtunneling
308-6 Subsurface Conditions ..................................................................................... 198 Sec
tion 310 Painting
310-6 Permanent Signing .......................................................................................... 198 Sec
tion 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-2 Removal of Traffic Striping and Curb and Pavement Markings ........................ 198 314-3 Removal of Pavement Markings ...................................................................... 199 314-4 Application of Traffic Striping and Curb and Pavement Markings ..................... 199 314-5 Pavement Markers ........................................................................................... 200 PART 4 Existing Improvements
Sec
tion 400 Protection and Restoration
400-2 Permanent Survey Markers ............................................................................. 201 Section 401 Removal
401-2 Asphalt Concrete Pavement ............................................................................ 201 401-3 Concrete and Masonry Improvements ............................................................. 201 Section 402 Utilities
402-1 Locat ion ........................................................................................................... 202 402-2 Protection ........................................................................................................ 202 402-4 Relocation ........................................................................................................ 203 402-5 Delays Due to Utility Conflicts .......................................................................... 203 402-6 Cooperation ..................................................................................................... 203 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 6 of 306 Section 403 Manhole Adjustment and Reconstruction
403-1 General ............................................................................................................ 204 403-3 Manholes in Asphalt Concrete Pavement ........................................................ 204 403-4 Measurement ................................................................................................... 204 403-5 Payment .......................................................................................................... 204 Section 404 Cold Milling
404-12 Payment .......................................................................................................... 205 PART 7 Street Lighting and Traffic Signal Systems
Section 700 Materials
86-2 Materials and Installation ................................................................................. 206 86-3 Controller Assemblies ...................................................................................... 206 86-6 Lighting ............................................................................................................ 207 PART 8 Landscaping and
Irrigation
Section 800 Materials
800-1 Landscape Materials ........................................................................................ 209 800-2 Irrigation and System Materials ........................................................................ 211 800-3 Electrical Materials ........................................................................................... 214 Section 801 Ins
tallation
801-2 Earthwork and Topsoil Placement .................................................................... 214 801-4 Planting ............................................................................................................ 215 801-5 Irrigation System Installation ............................................................................ 218 801-6 Maintenance and Plant Establishment ............................................................. 220 801-8 Payment .......................................................................................................... 2 20 801-9 Guarantee ........................................................................................................ 221
APPENDICES
Appendix A – Resident Notification Example ...................... ................................................... 225 Appendix B
– Utility Shutdown/Connection Request ........... ................................................... 227 Appendix C – LAPM Exhibit 12 G........................................ ................................................... 230 Appendix D – FHWA 1273 .................................................. ................................................... 263 Appendix E – Sewer and Water Maps ................................. ................................................... 279 Appendix F – SDGE Electric Underground Meter and Service Location .................................. 287 Appendix G – CARB F leet Compliance Certification ........... ................................................... 301 Appendix H – ROW Engineering surveyed traffic circles…………………………………………..304 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 7 of 306
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 a.m. on March 25, 2025, the City shall accept sealed bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at https://www.carlsabdca.gov/depts/finance/contracting/bids.asp for performing the work as follows: construction of five traffic circles, pedestrian lighting, and realignment of water and sewer lines at five key intersections throughout the Barrio Neighborhood.
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
BID NO. PWS25-3622TRAN
EL
ECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding (eBidding) site, at: https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp and are due by the date and time shown on the cover of this solicitation.
BIDDE
RS MUST BE PRE -REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid.
The Ci
ty’s electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding system.
The C
ity’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents.
BIDS
REMAIN SEALED UNTIL DUE DATE AND TIME
eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128- 256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so.
BIDS
MUST BE SUBMITTED BY DUE DATE AND TIME
Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 8 of 306
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.
Im
portant Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time.
EL
ECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT
The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents.
BIDS
ARE PUBLIC RECORDS
Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal’s General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information.
This
bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
INS
TRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
No bi
d will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 9 of 306 Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract.
The C
ity of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder.
The w
ork shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file in the City Clerk’s Office . The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designat ed “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 Ci
ty of Carlsbad encourages the participation of minority and women-owned businesses.
The C
ity of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
BID DO
CUMENTS
The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated.
1. Cont
ractor's Proposal
2. Disclosure of Lobbying Activities
3. Exhibit 15-G – Local Agency Bidder DBE Commitment
4. Exhibit 15-H – DBE Information – Good Faith Efforts
5. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders
6. Noncollusion Declaration
7. Designation of Subcontractor and Amount of Subcontractor’s Bid
8. Bidder's Statement of Financial Responsibility
9. Bidder's Statement of Technical Ability and Experience
10. Acknowledgement of Addendum(a)
11. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.
12. Bidder’s Statement Re Debarment
13. Bidder's Disclosure of Discipline Record
14. CARB Fleet Compliance Certification (Appendix H)
15. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 10 of 306 BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY)
At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security.
Fail
ure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non- responsive.
ENG
INEER’S ESTIMATE
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $4,817,555.
CAL
TRANS ADMINISTERED PROJECT
This Project is funded in part by FEDERAL funds Community Project Funding/Congressionally Directed Spending (CPFCDS). Project is subject to CPFCDS Guidelines, the Local Assistance Program Guidelines (LAPG), and Program Supplement Agreement No. Z92, State- Funded Projects No. 11 -5308S21. 2 CFR Part 200, Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).
2 CFR
PART 200 – UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS
The successful bidder shall be required to take cognizance of and comply with all requirements set forth in Appendix B and incorporated herein by this reference. Applicable to Highway Safety Improvement Program federal and state funded projects.
TIM
E OF COMPLETION
The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7.
SPECI
ALTY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds The following classifications are acceptable for this contract: A:
General Engineering and/or C-10 – Electrical.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 11 of 306
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
OBT
AINING PLANS AND SPECIFICATIONS
Set of plans, various supplemental provisions and Contract Documents may be obtained on the City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold.
BIDDE
R’S INQUIRIES
Questions on the bid documents during the bid period shall be submitted in writing, via the eBidding website.
Ques
tions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specifications sheets.
The cutoff date to submit questions is March 11, 2025, by 5 p.m. No questions will be entertained after that date.
The ans
wers to questions submitted during the bidding period will be published in an addendum and provide to those bidding on the project no later than March 21, 2025.
INT
ENT OF PLANS AND SPECIFICATIONS
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents.
No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
REJ
ECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.
DI
SADVANTAGED BUSINESS ENTERPRISES (DBE)
Compliance with the Disadvantage Business Enterprise (DBE) requirements is required for this project.
This
project has a goal of twenty-two percent (22%) DBE participation. All Bidders are required to complete and ensure the Good Faith Efforts (GFE) to ensure that DBEs have the opportunity to compete for financial assistance dollars. See (Pages 30-33 and Appendix D) for more detailed information. Exhibits 15-G and 15-H must be filled and submitted per the instructions.
The Ci
ty of Carlsbad affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 12 of 306
BUY AMERICA
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. See Section 7-17 – Buy America Requirements for more details.
PR
EVAILING WAGE TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract.
The Pr
ime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The prov
isions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work.
A c
ontractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The Pr
ime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
PRE-BI
D MEETING
A pre-bid meeting and tour of the project site will not be held.
UNIT
PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder.
ADDE
NDA
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 13 of 306
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:
1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If
the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements.
Ins
urance is to be placed with insurers that:
1. Have a rating in the most recent Best's Key Rating Guide of at least A-:VII
2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Aut
o 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.
Wor
kers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.
The Cont
ractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.
The awar
d of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
BU
SINESS 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 14 of 306 September 28, 2024
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2022- 224, adopted on the 27th day of September 2024.
________________________ ____________________________________
Date Graham Jordan, Deputy Clerk
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 15 of 306
CITY OF CARLSBAD
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
CONTRACTOR'S PROPOSAL
City
Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The unders
igned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4015 within the time specified in 6-7 Time of Completion and in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit:
SCHE
DULE “A”
Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
1 Mobilization and Preparatory
Work (not to exceed 5% of
Total Bid)
LS $___________
2 Construction Schedule LS $___________
3 Temporary Traffic Control LS $___________
4 Potholing LS $___________
5 Monument Preservation 9 EA $___________ $___________
6 Unclassified Excavation LS $___________
7 Clearing and Grubbing LS $___________
8 Construct Transition Curb and
Gutter
205 LF $___________ $___________
9 Construct 4" PCC Sidewalk
per SDRSD G-7, G-9, G-10
10,130 SF $___________ $___________
10 Asphalt Concrete 1,920 Ton $___________ $___________ Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 16 of 306 Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
11 Construct 6" Type G Curb and
Gutter per SDRSD G-02
1,640 LF $___________ $___________
12 Construct 6" Modified Median
Curb per City of Carlsbad
Standard DWG GS-18
1,530 LF $___________ $___________
13 Construct Modified Type D
ADA Curb Ramp per SDRSD
G-31
29 EA $___________ $___________
14 Construct Type C ADA Curb
Ramp per SDRSD G-29
10 EA $___________ $___________
15 Construct Concrete Cross
Gutter per SDRSD G-12
2,930 SF $___________ $___________
16 Slurry Seal 11,870 SY $___________ $___________
17 Construct 3" Mountable Curb 625 LF $___________ $___________ 18 Construct 12” 560-C-3250
Concrete Pad
115 SF $___________ $___________
19 Construct 6" Monolithic
Retaining Curb at Back of
Sidewalk
760 LF $___________ $___________
20 Construct 6"x6" Concrete Mow
Curb
45 LF $___________ $___________
21 Construct Type A-1 Curb
Ramp per SDRSD G-28
1 EA $___________ $___________
22 Construct 4"-Thick Integral
Color Concrete
340 SF $___________ $___________
23 Landscape and Irrigation
Installation
1 LS $___________
24 Construct Type B Curb Inlet
per SDRSD D-02 (L=5')
2 EA $___________ $___________
25 Convert Existing Curb Inlet to a
Modified Type A Cleanout per
SDRSD D-09
1 EA $___________ $___________
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 17 of 306 Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
26 Furnish and Install 18" RCP 40 LF $___________ $___________ 27 Dispersion Area BMP 1 LS $___________
28 Construct Concrete Lug per
SDRSD D-63
1 EA $___________ $___________
29 Construct Type B Curb Inlet
per SDRSD D-02 (L=24')
1 EA $___________ $___________
30 Electrical Equipment and
Materials
1 LS $___________
31 Painted Traffic Striping and
Curb Pavement Markings, and
Pavement Markers
1 LS $___________
32 Permanent Signing 1 LS $___________
33 Staging Area 1 LS $___________
Total amoun
t of bid (in figures) for Schedule “A”: $
Total amoun
t of bid (in words) for Schedule “A”:
SCHEDULE
“B”
Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
1 Mobilization and Preparatory
Work (not to exceed 5% of
Total Bid)
LS $___________
2 Excavation Support System LS $___________
3 Temporary Traffic Control LS $___________
4 Utility Locating and Potholing LS $___________
5 Removal of Existing Sewer
Facilities
LS $___________
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 18 of 306 Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
6 Abandonment of Existing
Sewer Facilities
LS $___________
7 Furnish and Install 8" PVC
Sewer Main
190 LF $___________ $___________
8 Furnish and Install 10" PVC
Sewer Main
55 LF $___________ $___________
9 Furnish and Install 12" PVC
Sewer Main
80 LF $___________ $___________
10 Furnish and Install Sewer
Manhole
8 EA $___________ $___________
11 Temporary Sewer Bypassing LS $___________
12 Removal of Existing Water
Valve
33 EA $___________ $___________
13 Abandon Water Main LS $___________
14 Asbestos Cement Pipe
Removal and Disposal
LS $___________
15 Asbestos Cement Pipe Sample
for Testing
10 EA $___________ $___________
16 Trench Resurfacing 50 LF $___________ $___________
17 Furnish and Install 1” Water
Service Assembly
18 EA $___________ $___________
18 Furnish and Install 2” Blow-Off
Assembly
14 EA $___________ $___________
19 Furnish and Install 2” Manual
Air Release
6 EA $___________ $___________
20 Furnish and Install 6" Gate
Valve
1 EA $___________ $___________
21 Furnish and Install 8" Gate
Valve
9 EA $___________ $___________
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 19 of 306 Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
22 Furnish and Install 10" Gate
Valve
6 EA $___________ $___________
23 Furnish and Install 12" Gate
Valve
5 EA $___________ $___________
24 Furnish and Install 6" PVC
Water Main
20 LF $___________ $___________
25 Furnish and Install 8" PVC
Water Main
560 LF $___________ $___________
26 Furnish and Install 10" PVC
Water Main
320 LF $___________ $___________
27 Furnish and Install 12" PVC
Water Main
275 LF $___________ $___________
28 Construct 10" Fusible PVC
Water Main
35 LF $___________ $___________
29 Construct 12" Fusible PVC
Water Main
70 LF $___________ $___________
30 Construct 14" Fusible PVC
Casing
70 LF $___________ $___________
31 Construct 12" Fusible PVC
Casing
35 LF $___________ $___________
32 Furnish and Install Fire
Hydrant Assembly
5 EA $___________ $___________
33 Furnish and Install Temporary
Highline
LS $___________
34 Over Excavation and Backfill
for Utility Trenching
100 CY $___________ $___________
35 Furnish and Install 12" Water
Main Line Stop
1 EA $___________ $___________
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 20 of 306 Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
36 Water Main Connection,
Jefferson and Oak
4 EA $___________ $___________
37 Water Main Connection,
Madison and Pine
4 EA $___________ $___________
38 Water Main Connection,
Harding and Pine
4 EA $___________ $___________
39 Water Main Connection,
Roosevelt and Chestnut
4 EA $___________ $___________
40 Water Main Connection,
Madison and Chestnut
4 EA $___________ $___________
Total
amount of bid (in figures) for Schedule “B”: $
Total
amount of bid (in words) for Schedule “B”:
Total
amount of bid (in figures) for Schedules “A” and “B”: $ Total
amount of bid (in words) for Schedules “A” and “B”:
The Ci
ty shall determine the low bid based on the sum of Schedule “A” and Schedule “B”.
Pr
ice(s) given above are firm for 90 days after date of bid opening.
Addendum
(a) No(s). ____________________ has/have been received and is/are included in this proposal.
The Under
signed has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Under
signed agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Under
signed bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number _________________________, classification ________________ which expires Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 21 of 306 on _______________________, and Department of 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 bi
d submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed.
The U
ndersigned bidder hereby represents as follows:
1. That
no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and
2. That
this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.
Ac
companying this proposal is ______________________________(Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid.
The Under
signed is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete.
The U
ndersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 22 of 306
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder
___________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has____, has not____, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Not
e: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Cur
rently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Pr
oposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In
conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has
the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes
_____ No_____
If
the answer is yes, explain the circumstances in the following space.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 23 of 306
PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In c
onformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has____ has not____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Not
e: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE 10232 STATEMENT
In c
onformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Not
e: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bi
dders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 24 of 306
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
BARRIO TRAFFIC CIRCLES
CONTRACT NO. 4015
To the City of Carlsbad
In c
onformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Not
e: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bi
dders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 25 of 306
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE
49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder
, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is
not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not
been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not
have a proposed debarment pending; and
• has not
been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If
there are any exceptions to this certification, insert the exceptions in the following space.
Ex
ceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Not
e: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 26 of 306
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The pros
pective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1. No Feder
al appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If
any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This
certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The pros
pective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 27 of 306
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This
disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Ident
ify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 28 of 306 made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials.
Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 29 of 306
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter _________
f. loan insurance date of last report ___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier ________ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ______________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ Actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ________________ e deferred value ______________ f. other, specify ___________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be av ailable for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature: __________________________________________
Print Name: ________________________________________
Title: ______________________________________________
Telephone No.: ______________________ Date: ___________ Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 09-12-97
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 30 of 306 PLEA
SE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive.
The for
m requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder’s Name, and Contract DBE Goal.
The f
orm has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime’s and subcontractors’ certification numbers. The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number).
IMP
ORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid.
There
is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section “Disadvantaged Business Enterprise (DBE),” of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms.
Ex
hibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact.
Local agenci
es should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 31 of 306 EXHIBIT 15-G - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS)
1. Local Agency: 2. Contract DBE Goal: 22%_________
3. Project Description:
4. Project Location:
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid
Item
Number
11. Description of Work, Service, or
Materials Supplied
12. NAICS or
Work
Category
Codes
13. DBE
Certification
Number
14. DBE Contact Information
(Must be certified on the date bids are
opened)
15. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION $ 22. Local Agency Contract Number:
23. Federal-Aid Project Number:
% 24. Bid Opening Date:
25. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.
26. Award Amount:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
28. Date
30. Phone
27. Local Agency Representative’s Signature 17. Preparer’s Signature 18. Date
29. Local Agency Representative’s Name 19. Preparer’s Name 20. Phone
31. Local Agency Representative’s Title 21. Preparer’s Title DIS
TRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
3. Include additional copy with award package.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 32 of 306 EXHIBIT 15-H - DBE INFORMATION —GOOD FAITH EFFORTS
DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. _______________________ Bid Opening Date _______________ The City of Carlsbad established a Disadvantaged Business Enterprise (DBE) goal of 22% for this project. The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
Subm
ittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ B. The name
s and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Nam
es of DBEs Solicited Date of Initial
Solicitation Follow Up Methods and Dates
______________________________________________________________________ ______________________________________________________________________
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ C. The i
tems of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 33 of 306 performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
of
Contract
______________________________________________________________________ ______________________________________________________________________
______________________________________________________________________ D. The nam
es, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Nam
es, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Nam
es, addresses and phone numbers of firms selected for the work above:
E. Ef
forts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:
F. Ef
forts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 34 of 306 G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ H. Any
additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ NOT
E: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 35 of 306 IF
A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) N
ame under which business is conducted
(2) S
ignature (given and surname) of proprietor
(3) P
lace of Business
(S treet and Number)
Ci
ty and State
(4) Zi
p Code Telephone No.
(5) E
-Mail
IF
A PARTNERSHIP, SIGN HERE:
(1) N
ame under which business is conducted
(2) S
ignature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) P
lace of Business
(S treet and Number)
Ci
ty and State
(4) Zi
p Code Telephone No.
(5) E
-Mail
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 36 of 306 IF A CORPORATION, SIGN HERE:
(1) N
ame under which business is conducted
(2)
(S ignature)
(T itle)
Im
press Corporate Seal here
(3) I
ncorporated under the laws of the State of
(4) P
lace of Business
(Street and Number)
City and State
(5) Zi
p Code Telephone No.
(6) E
-Mail
NOT
ARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
Lis
t below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners:
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 37 of 306
BID SECURITY FORM
(Check to Accompany Bid)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
(N
OTE: The following form shall be used if check accompanies bid.) Ac
companying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _______________________________________________________ ___________________________________________________ dollars ($________________), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder.
_______________________________________
_______________________________________
B
IDDER
_________________
*
Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 38 of 306
BIDDER'S BOND TO ACCOMPANY PROPOSAL
BARRIO TRAFFIC CIRCLES
CONTRACT NO. 4015
KNO
W ALL PERSONS BY THESE PRESENTS:
That w
e, ________________________________________________________, as Principal, and _____________________________________________, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ______________________________ for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
TH
E CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for:
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
In
the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
SI
GNED AND SEALED, this ____________ day of ___________________________, 20_____ ________________________________(S
EAL) _____________________________(SEAL)
(Principal) (Surety)
By
: __________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________
(Print Name/Title) (Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY- IN-FACT
CERTIFICATE)
APPRO
VED AS TO FORM:
CINDI
E K. McMAHON
City Attorney
By: ________________
_________________
Assistant City Attorney
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 39 of 306
FEDERAL LOBBYING RESTRICTIONS
Sec
tion 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If
any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A c
ertification for Federal- aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Proposal.
Signing the Proposal shall constitute signature of the Certification.
The abov
e referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Cont
ractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
1) A c
umulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A c
hange in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
3) A
change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 40 of 306
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This
project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The Regulations in their entirety are incorporated herein by this reference.
It
is the policy of the City that disadvantaged business enterprises (DBEs), as defined in Part 26, Title 49 CFR, shall be encouraged to participate in the performance of Contracts financed in whole or in part with Federal Funds. The Contractor should ensure that DBEs, as defined in Part 26, Title 49 CFR, have the opportunity to participate in the performance of this Contract and shall take all necessary and reasonable steps, as set forth in Part 26, Title 49 CFR, for this assurance.
The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Failure to carry out the requirements of this paragraph shall constitute a breach of Contract and may result in termination of this Contract or other remedy the City may deem appropriate.
Bi
dders shall be fully informed respecting the requirements of the Regulations and are urged to obtain DBE participation in this project.
Cal
trans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http://www.dot.ca.gov/hq/bep to verify the current availability of this service.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 41 of 306
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REF
ERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2- 3 SUBCONTRACTS of the General Provisions.
CAUT
IONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non -responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non- responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder.
INS
TRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the S tate of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one- half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
The Des
ignation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in rejection of the bid as non- responsive.
Suppl
iers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item.
When a
Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space.
When
the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form.
The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 42 of 306 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final.
Cont
ractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.
Bi
dders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 43 of 306
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMO
UNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS
REF
ERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in Section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer”, "Subcontractor" and "Work" and the definitions in Section 1- 2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2 -3 SUBCONTRACTS of the SSPWC and Section 2-3.1 of these Supplemental Provisions.
CAUT
IONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non -responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder.
INS
TRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bi
dder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
Nei
ther the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When
the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontract ed Bid Item Including Subcontractor’s Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor’s Overhead & Profit " unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one- half of one percent Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 44 of 306 (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
Suppl
iers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item.
The it
em number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column.
When a
Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space.
Bi
dders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
When
the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Det
ermination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the Contract shall be determined by the City Council in conformance with the provisions of the Contract documents and the Supplemental Provisions. The decision of the City Council shall be final.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 45 of 306
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
BARRIO TRAFFIC CIRCLES
CONTRACT NO. 4015
The Bi
dder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR’S BID ITEMS
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
Subcontract
or in Dollars*
Page _____ o
f _____ pages of this Subcontractor Designation form
_________________
* Pursuant to section 4104 (a)( 3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 46 of 306
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
Copi
es of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL.
____________________________________________________________________________ ____________________________________________________________________________
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 47 of 306
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
The Bi
dder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person to
Contract
Type of Work
Amount
of
Contract
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 48 of 306 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL
LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY
AND WORKERS’ COMPENSATION
(To A
ccompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
As
a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Cer
tificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) St
atement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
Al
l certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must:
1) Meet
the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cov
er 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 49 of 306
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
1) Hav
e you or any 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 what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred
agency
period of debarment
party debarred
agency
period of debarment
BY
CONTRACTOR:
(nam e of Contractor)
By:
(s ign here)
(pr int name/title)
Page _____ of _____ pages of this Re Debarment form
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 50 of 306
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
Cont
ractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 1) Hav
e you ever had your contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period? ______ ______
yes no
2) Has
the suspension or revocation of your contractor’s license ever been stayed? ______ ______
yes no
3) Hav
e any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period?
______ ______
yes no
4) Has
the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?
______ ______
yes no
5) If
the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _____ o
f _____ pages of this Disclosure of Discipline form
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 51 of 306
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CO
NTINUED)
(To Accompany Proposal)
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
1) If
the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.) BY
CONTRACTOR:
(nam e of Contractor)
By:
(s ign here)
(pr int name/title)
Page _____ o
f _____ pages of this Disclosure of Discipline form
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 52 of 306
NON-COLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
The unders
igned declares:
I a
m the ____________ of ______________, the party making the foregoing bid.
The bid i
s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any
person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I dec
lare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________________, 20____ at _________ [city], ________ [state].
________________________________________________
Signature of Bidder
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 53 of 306
CONTRACT
PUBLIC WORKS
This
agreement is made this ____________ day of ________________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ________________________________________________ whose principal place of business is ____________________________________________________________ (hereinafter called "Contractor").
Ci
ty and Contractor agree as follows:
1. Descr
iption of Work. Contractor shall perform all work specified in the Contract documents for:
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
(her
einafter called "project")
2. Pr
ovisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents.
3. Cont
ract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Cont
ractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Paym
ent. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9 -3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203.
5. Independent
Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 54 of 306 conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City.
6. Haz
ardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Haz
ardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Di
ffering Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknow
n Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
Ci
ty shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In
the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Im
migration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Pr
evailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection.
Contractor shall require all subcontractors to comply with Section 1776.
9. Indem
nification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 55 of 306 or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method.
Cont
ractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Cont
ractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contr actor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insur
ance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70.
(A) C
overages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Com
mercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Busi
ness Automobile Liability Insurance : $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non -owned or hired, and whether scheduled or non-scheduled.
c. Wor
kers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City.
d. Pol
lution/Asbestos Legal Liability. At all times during the performance of work under this Contract and for thirty -six (36) months following the date of completion of the Services, the Contractor shall maintain Pollution Legal Liability insurance and Asbestos Legal Liability Insurance in an amount not less than $2,000,000 per occurrence or claim, and $4,000,000 in aggregate. The Contractor, along with all employees, agents and subcontractors who have a reasonable probability of coming into contact with hazardous materials, shall be adequately trained to comply with and shall comply with all laws and regulations relating to the care and Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 56 of 306 protection of the environment in the performance of the Services performed by the Contractor or any portion thereof.
(B) A
dditional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The Ci
ty, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Cont
ractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it.
c. Any
failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Cov
erage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C) N
otice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested.
(D) D
eductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) W
aiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees.
(F)
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) A
cceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A -:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 57 of 306 (H) V
erification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City.
(I) C
ost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Cl
aims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) A
ssertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) Fal
se Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) G
overnment Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) P
enalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) D
ebarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
(F) C
arlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) D
ebarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 58 of 306 (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
I have
read and understand all provisions of Section 11 above. ________ init ________ init
12. Mai
ntenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records.
13. Labor C
ode Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference.
14. Secur
ity. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
15. Unf
air Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
16. Pr
ovisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.
///
///
///
///
///
///
///
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 59 of 306
17. Addi
tional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOT
ARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CO
RPORATE SEAL)
CONT
RACTOR:
(nam e of Contractor)
By:
(s ign here)
(pr int name and title)
By:
(s ign here)
(pr int name and title)
CITY OF CARLSBAD a municipal corporation
of the State of California
By:
KEITH BLACKBURN, Mayor
ATT
EST:
SHERRY FREISINGER, City Clerk
Pr
esident or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPRO
VED AS TO FORM:
CINDI
E K. McMAHON,
City Attorney
By:
As sistant City Attorney
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 60 of 306
LABOR AND MATERIALS BOND
WH
EREAS, the City of Carlsbad, State of California, has awarded to ______________________, (hereinafter designated as the "Principal"), a Contract for:
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
in
the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference.
WH
EREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NO
W, THEREFORE, WE, ___________ as Principal, (hereinafter designated as the "Contractor"), and _______________________________________________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum __________________, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
TH
E CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554.
This
bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Sur
ety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 61 of 306 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
SI
GNED AND SEALED, this ______________ day of __________________________, 20____ _______________________________(S
EAL) _____________________________(SEAL)
(Principal) (Surety)
By
: _________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPRO
VED AS TO FORM:
CINDI
E K. McMAHON
City Attorney
By: ________________________________
Assistant City Attorney
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 62 of 306
FAITHFUL PERFORMANCE/WARRANTY BOND
WH
EREAS, the City of Carlsbad, State of California, has awarded to ______________________, (hereinafter designated as the "Principal"), a Contract for:
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
in t
he City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
WH
EREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NO
W, THEREFORE, WE, ___________ as Principal, (hereinafter designated as the "Contractor"), and _______________________________________________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum __________________, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE
CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As
a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Sur
ety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 63 of 306 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
SI
GNED AND SEALED, this ______________ day of __________________________, 20____ _______________________________(S
EAL) _____________________________(SEAL)
(Principal) (Surety)
By
: _________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPRO
VED AS TO FORM:
CINDI
E K. McMAHON
City Attorney
By: ________________________________
Assistant City Attorney
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 64 of 306
OPTIONAL ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This
Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ________________________________________________________________whose address is __________________________________________________________________hereinafter called "Contractor" and ___________________________________________________ whose address is ___________________________________________________________ hereinafter called "Escrow Agent."
For
the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pur
suant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for
BARRI
O TRAFFIC CIRCLES
CONTRACT NO. 4015
in
the amount of ___________________________ dated ______________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner.
2. The Ci
ty shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When t
he City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Cont
ractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The int
erest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 65 of 306
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Ci
ty shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon r
eceipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Es
crow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
10. The name
s of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
Fo
r City:
Tit
le FINANCE DIRECTOR
Nam
e
Si
gnature
Addr
ess 1635 Faraday Avenue, Carlsbad, CA 92008
For Contractor:
Tit
le
Nam
e
Si
gnature
Addr
ess
For E
scrow Agent:
Tit
le
Nam
e
Si
gnature
Addr
ess
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 66 of 306 At
the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN
WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Fo
r City:
Tit
le MAYOR
Nam
e
Si
gnature
Addr
ess 1200 Carlsbad Village Drive, Carlsbad, CA
92008
For C
ontractor:
Tit
le
Nam
e
Si
gnature
Addr
ess
For E
scrow Agent:
Tit
le
Nam
e
Si
gnature
Addr
ess
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 67 of 306 PART 1
GENERAL PROVISIONS
FOR
BARRIO TRAFFIC CIRCLES
CONTRACT NO. 4015
CIT
Y OF CARLSBAD
BIDDE
RS 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 TE
RMS – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 R
eference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”, "scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 D
irections. Where words "directed”, "designated”, "selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise.
1-1.3 E
quals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 P
erform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEF
INITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 68 of 306 Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.
Agency
– The City of Carlsbad, California and the Carlsbad Municipal Water District.
Agr
eement – See Contract.
Assessm
ent Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County.
Base
– A layer of specified material of planned thickness placed immediately below the pavement or surfacing.
Bid
– The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work.
Bi
dder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.
Boar
d – The officer or body constituting the awarding authority of the Agency , which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond
– Bid, performance, and payment bond or other instrument of security.
Ci
ty Council – the City Council of the City of Carlsbad.
Ci
ty Manager – the City Manager of the City of Carlsbad or his/her approved representative.
Cash C
ontract – A Contract financed by means other than special assessments.
Change O
rder – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor.
Code
– The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Const
ruction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution.
Cont
ract – The written agreement between the Agency and the Contractor covering the Work.
Cont
ract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post -bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 69 of 306 Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor.
Cont
ract Price – The total amount of money for which the Contract is awarded.
Cont
ract Unit Price – The amount stated in the Bid for a single unit of an item of work.
Count
y Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.
Days
– Days shall mean consecutive calendar’s days unless otherwise specified.
Deput
y City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution.
Di
spute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Ele
ctrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc.
Engi
neer – 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.
Geot
extile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration.
Hol
iday – 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 Contract Documents or authorized 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 C
onnection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer.
House S
ewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 70 of 306 Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified).
Lumi
naire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.
Min
or Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid.
Modi
fication – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract.
Not
ice 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.
Not
ice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start.
Own
Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work.
Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1.
Per
son – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.
Pl
ans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.
Pr
ivate Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency.
Pr
oject Inspector – T he Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution.
Pr
oposal – See Bid.
Ref
erence Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date.
Roadw
ay – The portion of a street reserved for vehicular use.
Ser
vice 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.
Sew
er – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 71 of 306 Speci
fications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board.
SMA
RTS - Stormwater Multiple Application and Report Tracking System (SMARTS) Resources provides a platform where dischargers, regulators, and the public can enter, manage, and view storm water data including permit registration documents, compliance, and monitoring data associated with California's Storm Water General Permits.
St
andard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc.
St
andard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number.
St
andard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”.
Sta
te – State of California.
St
orm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water.
St
reet – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase
– A layer of specified material of planned thickness between a base and the subgrade.
Subcont
ractor – 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.
Subgr
ade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure.
Super
vision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work.
Suppl
emental Agreement – A written amendment of the Contract Documents signed by both parties.
Suppl
emental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work.
Sur
ety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.
Tonne
– Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 72 of 306 Uti
lity – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement.
Work
– That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBRE
VIATIONS
1-3.1 G
eneral. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents.
Al
l abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc.
1-3.
2 Common Usage
Abbreviation Word or Words
ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration
CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL .................................................................. Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 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 MULT ...............................................................Multiple MUTCD .....M anual 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
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 74 of 306 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 I
nstitutions.
Abbr
eviation Word or Words
AASHT
O ................. American Association of State Highway and Transportation Officials AISC ....................................................................American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA................................................................. American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHWA.............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters’ Laboratories Inc.
USGS ............................................................................. United States Geological Survey Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 75 of 306 1-4 UNITS OF MEASURE.
1-4.1 G
eneral. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S.
Standard Measures in parenthesis may or may not be exactly equivalent.
Ref
erence is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors.
1-4.2 U
nits of Measure and Their Abbreviations.
U.S. Customary Unit (E qual To) SI Unit
(A bbreviations) (Abbreviations)
1 mil (=0.001 in) ....................................................................................25.4 micrometer (µm) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubi
c 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 (µ) ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 76 of 306 1-5 SYMBOLS
∆ Del
ta, 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
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 77 of 306 SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AW
ARD 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 ASSI
GNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the ext ent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default.
2-3 SUBCO
NTRACTS.
2-3.1 G
eneral. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information:
The Bi
dder shall set forth in the Bid, as provided in 4104:
“(
a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one- half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.”
“(
b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.”
If
the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one- half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.
As
provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor.
Sec
tion 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 78 of 306 Shoul
d the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions.
In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 A
dditional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control.
The Cont
ractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal.
Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.
Bef
ore the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted.
2-3.3 S
tatus of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONT
RACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below.
Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Eac
h bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.
The C
ontractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract.
Bot
h 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 79 of 306 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
Al
l bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If
the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.
Shoul
d any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency.
Shoul
d any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board.
Changes
in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.
2-5 PL
ANS AND SPECIFICATIONS.
2-5.1 G
eneral. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times.
The spec
ifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended.
The P
lans consist of the construction drawings designated as City of Carlsbad Drawing No. 525-6 issued under this Contract.
The St
andard Drawings consist of the latest edition of the Caltrans Drawings, the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
Modified standard drawings, as applicable, are enclosed in the appendices to these General Provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 80 of 306 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.
The Pl
ans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.
The Cont
ractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid.
Ex
isting 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 C
ontractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.
2-5.2 P
recedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence:
1. Per
mits from other agencies as may be required by law.
2. Change orders, whichever occurs last.
3. Contract addenda, whichever occurs last.
4. Contract .
5. Supplemental Provisions.
6. Technical Specifications.
7. Carlsbad General Provisions.
8. Plans.
9. Standards plans.
A. City of Carlsbad Standard Drawings.
B. Carlsbad Municipal Water District Standard Drawings.
C. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
D. San Diego Area Regional Standard Drawings.
E. Traffic Signal Design Guidelines and Standards.
F. State of California Department of Transportation Standard Plans.
G. State of California Department of Transportation Standard Specifications.
H. California Manual on Uniform Traffic Control Devices (CA MUTCD).
10. Standard Specifications for Public Works Construction, as amended.
11. Reference Specifications.
12. Manufacturer’s Installation Recommendations
Det
ail drawings shall take precedence over general drawings.
Change O
rders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans.
2-5.2
.1 Precedence of Contract Documents, Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 81 of 306 specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 S
ubmittals.
2-5.3
.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer.
The C
ontractor shall post submittals and retrieve the Engineer’s submittal review comments through Procore accessible through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract.
Cont
ractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website (Procore) established for the Project.
The use
of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents.
Mat
erials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals.
The C
ontractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Eac
h submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4 -C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead.
The Let
ter of Transmittal shall contain the following:
1. Project title and Agency contract number.
2. Number of complete sets.
3. Contractor’s certification statement.
4. Specification section number(s) pertaining to material submitted for review.
5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6. Description of the contents of the submittal.
7. Identification of deviations from the contract documents.
8. The signature, printed name, title and company name of the Contractor’s representative.
When s
ubmitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 82 of 306 in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals:
"I
hereby certify that the (equipment, material, procedure) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.”
Or
"I
hereby certify that the (equipment, material, procedure) 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.
Wor
king drawings are required in the following sections:
TAB
LE 2-5.3.2 (A)
Item Section
Number
Title Subject
1 7-10.4.1 Safety Orders Trench Shoring
2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe
4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel
10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings
12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations
14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer
Facilities
Polyethylene Liner Installation
16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction 18 7-8.4.2 Sewage Bypass and Pumping Plan Temporary Sewer Bypassing 19 7-8.4.3 Spill Prevention and Emergency
Response Plan
Spill Prevention and Emergency
Response Plan
Wor
king drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3
.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions and submitted electronically into Procore.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 83 of 306 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer.
Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor.
Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1. List of Subcontractors per 2-3.2.
2. List of Materials per 4-1.4.
3. Certifications per 4-1.5.
4. Construction Schedule per 6-1.
5. Confined Space Entry Program per 7-10.4.4.
6. Concrete mix designs per 201-1.1.
7. Asphalt concrete mix designs per 203-6.1.
8. Controller Cabinet Wiring Diagrams per 701-17.2.2.
9. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system.
10. Temporary highline plan per Carlsbad Engineering Standards. 2-5.4
Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as -built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required herein shall be included in the various bid items and no additional payment will be made therefore. 2-5.5 P
roject 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 approves otherwise, the Contractor shall process all project documents through Procore. If unfamiliar or not otherwise trained with Procore, 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 check Procore and review updated documents as they are added. There will be no cost to the Contractor for the use of Procore.
The Cont
ractor shall provide at least one on-site individual with 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 shall review and act on all communications addressed to the Contractor, in the Procore App. The Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 84 of 306 use of Procore does not relieve the contractor of any other requirements as may be specified in the Contract Documents.
Pr
ocore for Windows, iOS: https://apps.apple.com/us/app/procore-construction- management/id374930542
Pr
ocore for Android: https://play.google.com/store/apps/details?id=com.procore.activities 2-6 WO
RK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBS
URFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.
The indi
cated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work.
2-8 RIGH
T-OF-WAY. Rights-of-way, easements, or rights -of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions.
2-9 SUR
VEYING.
2-9.1 P
ermanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.
When a
change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.
2-9.2 S
urvey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 85 of 306 services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2
.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, r einforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right -of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2
.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2- 9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 86 of 306 TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Street Centerline SDRS M-10
Monument
≤1000’, Street Intersections, Begin and end of
curves, only when shown on the plans
on street
centerline
0.02’
Horizontal, also see
Section 2-9.2.1 herein
Clearing Lath in soil,
painted line
on PCC & AC
surfaces
lath - Intervisible, ≤ 50’ on tangents
& ≤ 25’ on curves, Painted line - continuous
at clearing line 1’ Horizontal
Slope RP + Marker
Stake
Intervisible and ≤ 50’ Grade Breaks
& ≤ 25’
0.1’ Vertical &
Horizontal
Fence RP + Marker
Stake
≤ 200’ on tangents, ≤ 50’ on curves when
R≥ 1000’ & 25’ on curves when R≤ 1000’
N/A
( constant
offset)
0.1’ Horizontal
Rough Grade Cuts
or Fills ≥ 10 m
(33’)
RP + Marker
Stake
≤ 50’ N/A 0.1’ Vertical &
Horizontal
Final Grade
(includes top of:
Basement soil,
subbase and
base)
RP + Marker
Stake, Blue-
top in grading
area
≤ 50’ on tangents & curves when R≥ 1000’ &
≤ 25’ on curves when R ≤ 1000’
≤ 22’ 3/8” Horizontal & 1/4”
Vertical
Asphalt Pavement
Finish Course
RP, paint on
previous
course
≤ 25’ or as per the intersection grid points
shown on the plan whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
3/8” Horizontal & 1/4”
Vertical
Drainage
Structures, Pipes
& similar
Facilities,
RP + Marker
Stake
intervisible & ≤ 25’, beginning and end, BC &
EC of facilities, Grade breaks, Alignment
breaks, Junctions, Inlets & similar facilities,
Risers & similar facilities (except plumbing),
Skewed cut-off lines
as appropriate 3/8” Horizontal & 1/4”
Vertical
Curb RP + Marker
Stake
≤ 25’, BC & EC, at ¼∆, ½∆ & ¾∆ on curb
returns & at beginning & end
( constant
offset)
3/8” Horizontal & 1/4”
Vertical
Traffic Signal Vertical locations shall be based on the ultimate elevation of curb and sidewalk
Signal Poles &
Controller
RP + Marker
Stake
at each pole & controller location as appropriate 3/8” Horizontal & 1/4” Vertical
Junction Box RP + Marker
Stake
at each junction box location as appropriate 3/8” Horizontal & 1/4” Vertical
Conduit RP + Marker
Stake
≤ 50’ on tangents & curves when R≥ 1000’ &
≤ 25’ on curves when R ≤ 1000’ or where
grade ≤ 0.30%
as appropriate 3/8” Horizontal & when
depth cannot be
measured from existing
pavement 1/4” Vertical
Minor Structure RP + Marker
Stake + Line
Stake
for catch basins: at centerline of box, ends of
box & wings & at each end of the local
depression
as appropriate 3/8” Horizontal & 1/4”
Vertical (when vertical
data needed)
Abutment Fill RP + Marker
Stake + Line
Stake
≤ 50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical & Horizontal
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 87 of 306 Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Wall RP + Marker
Stake + Line
Point +Guard
Stake
≤ 50’ and at beginning & end of: each wall, BC
& EC, layout line angle points, changes in
footing dimensions &/or elevation & wall
height
as appropriate 1/4” Horizontal & 1/4”
Vertical
Major Structure
Footings, Bents,
Abutments &
Wingwalls
RP + Marker
Stake + Line
Point +Guard
Stake
10’ to 33’ as required by the Engineer, BC &
EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8” Horizontal & 1/4”
Vertical
Superstructures RP 10’ to 33’ sufficient to use string lines, BC & EC, transition points & at beginning & end.
Elevation points on footings at bottom of
columns
as appropriate 3/8” Horizontal & 1/4”
Vertical
Miscellaneous
Contour Grading
RP + Marker
Stake
≤ 50’ along contour
line
0.1’ Vertical &
Horizontal
Utilities , RP + Marker
Stake
≤ 50’ on tangents & curves when R≥ 1000’ &
≤ 25’ on curves when R ≤ 1000’ or where
grade ≤ 0.30%
as appropriate 3/8” Horizontal & 1/4”
Vertical
Channels, Dikes
& Ditches
RP + Marker
Stake
intervisible & ≤ 100’, BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities
as appropriate 0.1’ Horizontal & 1/4”
Vertical
Signs RP + Marker
Stake + Line
Point +Guard
Stake
At sign location Line point 0.1’ Vertical &
Horizontal
Subsurface
Drains
RP + Marker
Stake
intervisible & ≤ 50’, BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities, Risers & similar
facilities
as appropriate 0.1’ Horizontal & 1/4”
Vertical
Overside Drains
RP + Marker
Stake
longitudinal location At beginning &
end
0.1’ Horizontal & 1/4”
Vertical
Markers RP + Marker
Stake
for asphalt street surfacing ≤ 50’ on tangents
& curves when R≥ 1000’ & ≤ 25’ on curves
when R ≤ 1000’.
At marker
location(s)
1/4” Horizontal
Railings &
Barriers
RP + Marker
Stake
At beginning & end and ≤ 50’ on tangents &
curves when R ≥ 1000’ & ≤ 25’ on curves
when R ≤ 1000’
at railing &
barrier
location(s)
3/8” Horizontal &
Vertical
AC Dikes RP + Marker
Stake
At beginning & end as appropriate 0.1’ Horizontal &
Vertical
Box Culverts 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end.
Elevation points on footings & at invert
as appropriate 3/8” Horizontal & 1/4”
Vertical
Pavement
Markers
RP 200’ on tangents, 50’ on curves when
R ≥ 1000’ & 25’ on curves when R ≤ 1000’.
For PCC surfaced streets lane cold joints will
suffice
at pavement
marker
location(s)
1/4” Horizontal
Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table
Perpendicular to centerline.
Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ≥ means greater than, or equal to, the number following the symbol. ≤ means less than, or equal to, the number following the symbol.
The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 88 of 306 TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake Description Color*
Horizontal Control Coordinated control points, control lines, control reference points, centerline, alignments, etc.
White/Red
Vertical Control Bench marks
White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc.
Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc.
Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used.
2-9.2
.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made.
2-9.3 P
rivate Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer.
2-9.4 Li
ne and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans.
Three
consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work.
Gr
ades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench.
2-10 AU
THORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative.
The dec
ision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 89 of 306 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request.
2-10.2
Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INS
PECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required.
Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications.
Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 90 of 306 SECTION 3 – CHANGES IN WORK
3-1 CHANG
ES REQUESTED BY THE CONTRACTOR.
3-1.1 G
eneral. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 P
ayment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANG
ES INITIATED BY THE AGENCY.
3-2.1 G
eneral. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become nec essary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change O
rders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 P
ayment.
3-2.2
.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.
If
the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-
2.2.3 as appropriate.
If
a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2
.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 91 of 306 3-2.2
.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price.
3-2.3 S
tipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.
3-2.4 A
greed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3.
3.2 .4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project.
3.2.5 E
liminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material confor ming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EX
TRA WORK.
3-3.1 G
eneral. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 P
ayment.
3-3.2
.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2
.2 Basis for Establishing Costs.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 92 of 306 (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
The use of
a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid.
Nondi
rect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a).
(b) Mat
erials. 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 reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
(c) T
ool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $500 or less.
Regar
dless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract.
The ren
tal rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included.
If
equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency.
Al
l equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
The repo
rted 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 93 of 306 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available fro m the Contractor or Subcontractors.
Inv
oices covering all such items in detail shall be submitted with the request for payment. (e) Invo
ices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
3-3.2
.3 Markup.
(a) W
ork by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1. La
bor …………………………..…. 20
2. Materials .………………………… 15
3. Equipment Rental ………………. 15
4. Other Items and Expenditures … 15
To t
he sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) W
ork by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 D
aily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.
The repo
rt shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 94 of 306 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed:
1. Subs
urface or latent physical conditions differing materially from those represented in the Contract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and
3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
The Engi
neer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6.
If
the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees.
The Cont
ractor’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 Cont
ractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6 -7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Cont
ractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The pot
ential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655.
“The
undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650- 12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 95 of 306 By: ________________
___________________ Title: ______________________________ Dat
e: _________________________________
Com
pany Name: ______________________________________________________________ The Cont
ractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.
It
is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DIS
PUTED 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.
Pr
ior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Pr
oject Inspector
2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Cont
ractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The aut
hority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
All c
laims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 96 of 306 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 97 of 306 (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 98 of 306 request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
In addi
tion, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below
ARTI
CLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a
)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 99 of 306 (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For
any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4. The
following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 100 of 306 disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
20104.6. (
a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
Al
though not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 101 of 306 SECTION 4 – CONTROL OF MATERIALS
4-1 MAT
ERIALS AND WORKMANSHIP.
4-1.
1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval.
Mat
erials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer.
If
the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.
Us
ed or secondhand materials, parts, and equipment may be used only if permitted by the Specifications.
4-1.2 P
rotection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract.
The Cont
ractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract.
4-1.3 I
nspection Requirements.
4-1.3
.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.
St
eel pipe in sizes less than 6 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbi ng fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section.
The Cont
ractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 102 of 306 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3
.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements.
4-1.3
.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 T
est of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by t he Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee.
The C
ontractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material.
If
the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained.
Ex
cept as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on- site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications , Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At
the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material fr om other approved sources. If any product proves unacceptable after Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 103 of 306 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense.
Com
paction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 C
ertification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 T
rade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenev
er any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal . A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents.
The Cont
ractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function.
Test
methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer.
If
a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material.
The spec
ified Contract completion time shall not be affected by any circumstance developing from the provisions of this section.
The Cont
ractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
4-1.7 W
eighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 104 of 306 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency.
Al
l scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 C
alibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exc eed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 C
onstruction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 105 of 306 committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless:
1. Wi
thin 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or
2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or
3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded.
4-2 MAT
ERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the Barrio Traffic Circles and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 106 of 306 SECTION 5 – UTILITIES
5-1 LO
CATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed.
Wher
e underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility.
As
provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
The Cal
ifornia Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations.
Pr
ior to excavation, the Contractor shall determine, by potholing, the locations 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 existing utilities. The Contractor shall record the material size (outside diameter), type, and horizontal and vertical locations (bearing and slope) and submit the data and allow time for the Engineer’s review in accordance with Section 2-5.3.
The Cont
ractor shall pothole all existing utilities prior to the start of digging adjacent to or above the utility. All existing utilities running perpendicular to the centerline of the street where digging will occur, including all laterals shall be potholed. The Contractor shall determine the depth of all pipe and conduit that is encased in concrete and slurry; the Contractor may use a combination of destructive and non -destructive testing methods to determine the depths of pipe and conduit encased in concrete and slurry. Existing utilities shall be potholed at all crossings of proposed utilities. The Contractor shall submit all pothole data, along with a certification of the accuracy of said data, to the Engineer for review and approval a minimum of three weeks prior to the start of any demolition work.
5-1.1 M
easurement and Payment for Potholing.
The cont
ract unit price paid for this Potholing shall constitute full compensation for furnishing all labor, materials, tools, and equipment necessary for potholing, completing the required potholes, preparing and submitting a pothole report, underground location services, and processing no fee permit with the City of Carlsbad, and no additional compensation shall be allowed. 5-2 PR
OTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 107 of 306 Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense.
Upon l
earning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Cont
ractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1.
When pl
acing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense:
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or
2. Provide a sleeve or other opening which will result in a 2- inch minimum-clear annular space between the concrete and the utility; or
3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
Wher
e concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 RE
MOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascert ain from the Agency whether the abandonment is complete. The costs involved in the removal and disposal shall be considered incidental to the bid items of work necessitating such removals and no separate payment shall be made therefor, unless a bid item for “Removal” is specifically included in the bid proposal.
5-4 REL
OCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2021 Edition, and the latest supplements thereto.
Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation.
Af
ter award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When
the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 108 of 306 work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The uti
lity owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements.
The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
In c
onformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
5-5 DEL
AYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities.
The C
ontractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1.
The Cont
ractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The A
gency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.
If
the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 109 of 306 Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COO
PERATION. 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.
San D
iego Gas and Electric (SDGE) will adjust gas valves to finished grade. The Contractor shall coordinate with SDGE for the adjustment of gas valves to finished grade. SDGE will require a work window of 15 working days to complete the adjustments of gas valves to finished grade.
SDG
E will provide new electrical service for both metered and unmetered services. There are a total of two (2) unmetered services for street lights and five (5) metered services. The Contractor shall install all hand holes, pull boxes, and conduit as shown on the plans, including a conduct riser and conduit that runs one foot (1’) up the power pole in cases where the services is coming from overhead power. The Contractor shall coordinate the new electrical service work with SDGE, including the SDGE work to energize the new services.
Any
work on the underground facilities shall be coordinated with the Engineer. If the Contractor cannot protect in-place existing underground facilities, the Contractor shall replace any damaged or removed underground facilities in a timely manner as to not allow for extended delays to vehicular, pedestrian or transit services. If the services are subject to extended delays, the Contractor shall notify the Engineer prior to the expiring of the original scheduled work time. All underground facilities shall be as-built and included on the Contractor’s as-built drawings.
Cont
ractor shall coordinate its work with all utility relocations and adjustments (including adjustments to finished grade) required to be performed by others (i.e., utility providers or their contractors) during construction. Contractor shall include the timing and duration of such work in its Progress Schedule (e.g., “utility windows”). Contractor must provide utility companies with 20 working days written notice that the site has been or will be prepared; including the date preparation has been or will be complete, for all utility relocation and adjustment work to be performed by others. Contractor shall set-up a pre-construction meeting with the utility provider, Carlsbad Municipal Water District representative(s), and the City’s representative(s), for each relocation or adjustment no sooner than ten (10) working days prior to the start of the utility provider’s work.
For
existing utility manholes, vaults, and other features to be adjusted to finished grade by utility providers, adjustment to finished grade shall occur prior to the construction of the final asphalt concrete surface lift. Contractor shall coordinate work with utility providers, such that the final asphalt concrete surface lift is constructed within seven (7) days of the construction of the initial asphalt concrete surface lift.
For u
tilities that the Contractor is responsible for adjusting to finished grade, the Contractor must provide 48 hours advanced notification of the work to be performed and the location to the utility providers.
For P
rivate Electrical Vaults to be adjusted to finished grade by the Contractor, the Contractor shall submit plans detailing grade adjustment means and methods to SDGE Liaison for review and approval. Submittal(s) by Contractor shall occur at least 20 working days ahead of the Contactor’s scheduled date to perform adjustments. Vaults shall only to be opened by SDGE or SDGE Contractor.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 110 of 306 The Cont
ractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 111 of 306 SECTION 6 – PROSECUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONS
TRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as
otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed".
6-1.1 Pr
e-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6- 4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting.
6-1.2 Baseline Construction Schedule . The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format and submit the schedule in accordance with 2-5.3. The schedule shall:
A. Be pr
epared using commercially available, Windows compatible scheduling software program such as, Primavera, Microsoft Project, or approved equal.
B. Be prepared in hard copy (paper) and electronic format (compact disc) readable by the scheduling software specified herein and free of file locking, encryption or any other protocol that would impede full access to the data. The disc shall be labeled with the project name and number, the 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 network diagram of all activities, logic relationships of interdependent activities, and milestones comprising the complete period of Work with tasks on the vertical axis and their durations on 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 number, description, duration, early start, early finish, late start, late finish, total float, and all predecessor and successor activities. The number of activities will communicate the Contractor’s plan for project execution, accurately describe the project work and allow monitoring and evaluation of progress and time impacts. Activity descriptions shall accurately define the work planned for the activity. Activity durations shall not be shorter than 1 working day or longer than 15 working days unless approved by the Engineer.
E. Include detail of all project phasing, staging and sequencing including all milestones 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, reviews and approvals, Work performed by others, inspections, testing and commissioning, corrective work, and any non-work periods.
F. Baseline Construction Schedule must be submitted in Procore and free of file locking, encryption or any other protocol that would impede full access to the data. Identify the project name and number, the Contractor’s name and the date of preparation or revision.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 112 of 306 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 Engi
neer may choose to accept the Contractor’s proposal of a project duration which is shorter than the Contract time provided the shortened Baseline Construction Schedule 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 shortened schedule. Acceptance of a shortened Baseline Construction Schedule will be confirmed through the execution of a Change Order revising the Contract time.
The E
ngineer’s approval of the Baseline Construction Schedule is a condition precedent to issuance of the Notice to Proceed . If the schedule does not meet the requirements of these 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 the preconstruction meeting shall be grounds to consider the Contractor in default of the Contract per 6-4 . The number of working days used by the Engineer to review the initial Baseline Construction Schedule submittal will not be included in the 20 working days. The Engineer shall complete subsequent reviews of the revised schedule and progress updates within 5 working days of receipt. The Engineer’s response to each review will consist of one of the following:
“A
ccepted.” The Contractor may proceed with the Work upon issuance of the Notice to Proceed. Payment for the schedule may be requested by the Contractor. “A
ccepted with Comments.” The Contractor may proceed with the Work upon 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.
“N
ot Accepted.” The Contractor may not proceed with the Work, must revise and resubmit the schedule and may not request payment for the schedule. 6-1.2.1
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 basis for progress payments. Schedule updates shall conform with the requirements for the initial submittal in 6-1.2 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 percent complete for each activity in progress at the end of the month as determined by the Engineer.
C. Include a list and explanation of all changes made to the activities , dates or interconnecting logic.
D. Include activity and network revisions reflecting the Change Orders approved in the previous month as agreed upon during the review and acceptance of the Change Orders.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 113 of 306 The Engineer’s responses to the progress schedule updates shall be as described in 6 -1.2. The Contractor shall proceed with Work and request payment for the progress schedule updates as described therein.
If
the Contractor fails to submit the progress schedule updates as required herein, the Contractor may elect to proceed with the Work at its own risk and shall forfeit payment for the progress schedule update until compliance is met. If the Contractor elects to delay or cease Work after failure to submit the progress schedule updates, any resulting delay, impact, or disruption to the Work will be the Contractor’s responsibility.
6-1.2.2
Interim Revisions. Should the actual or projected progress of the Work exceed 5 percent of the Contract time, the Contractor shall prepare and submit a revised Baseline 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 6-1.2.1 shall apply.
6-1.2.3
Late Completion or Milestone Dates. If a schedule update indicates a completion date later than the Contract time or contractually required milestone completion date, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent schedule update which removes all or a portion of the delay be “Accepted” by the Engineer, 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.
6-1.2.4
Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the Work is completed. The update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed in accordance with 6-1.2.1. Acceptance of the final schedule update is required for release of funds retained per 9-3.2.
6-1.3
Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of thirty-five thousand dollars ($35,000). The stipulated lump sum price paid shall include full compensation for furnishing all labor and materials and incidentals for attending meetings, preparing and revising the Construction Schedule and narrative reports required by this specification section. The Engineer’s determination that each and any construction schedule submitted by the Contractor complies with these requirements shall be precedent to each and any payment for the Construction Schedule. Payment will be made as per Sections 6 -1.3.1 through 6-1.3.3.
6-1.3.1
Initial Payment. Ten percent (10%) of the stipulated lump sum price for the Construction Schedule will be made when the Engineer has accepted a Baseline Construction Schedule for this project.
6-1.3
.2 Monthly Updated Construction Schedule Payments. The monthly payment for Construction Schedule subsequent to the initial payment shall be 80% of the stipulated lump sum price divided by the Contract Time (in months) for each monthly construction schedule submitted, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the month such monthly construction schedule is due per Section 6-1.2.1. The sum of the amounts paid for Construction Schedule during the initial and subsequent Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 114 of 306 payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule.
6-1.3
.3 Concluding Payment. A final payment of ten percent (10%) of the stipulated lump sum price for the Construction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and submitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project.
6-2 PRO
SECUTION 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 de termines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps.
As
soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work.
If
Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1
Order of Work. The work generally involves removing existing asphalt, base, sidewalk, curb, gutter, curb ramps, landscaping, relocating sewer and water utilities; installing new asphalt, base, sidewalk, curb, gutter, curb ramps, truck aprons, lighting, sewer main, water lines, landscaping and irrigation, traffic signs, and restriping. The descriptions in this section are an overview only and shall not relieve the Contractor from its responsibilities to conduct all coordination and complete all Work in its entirety in accordance with the Contract Documents.
The Contractor shall conduct the activities in the following general order:
1. Submi
t construction schedule, schedule of values, working drawings, shop drawings and secure necessary permits. Submit a sewer bypass plan for work involving interruption of flow in existing sewer facilities. Submit a pipeline highlining plan for all potable water domestic or fire services with service interruptions exceeding 6 hours.
2. Secure staging area(s).
3. Conduct surveying and staking of the pipeline alignments, locations of appurtenances and limits of right-of-way. Conduct Underground Service Alert (DigAlert) notification for utility mark-out and pre-construction video and photographs. Mobilize labor force, materials and equipment for subsequent phases of the Work and install temporary facilities and BMPs, traffic control and excavation safety measures.
4. Pothole all utilities that cross or parallel (within 5 feet of) planned excavations and utility connection locations and immediately notify the Engineer of any potential conflicts. Submit potholing data in accordance with Section 2- 5.3. Pavement saw -cutting or excavation Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 115 of 306 shall not commence at any construction heading until existing utilities have been potholed and confirmed by the Contractor to have no conflict with the Work.
5. Secure a t emporary water meter. The water source location shall be as approved by CMWD. Submit a Utility Shutdown/Connection Request (Form E -28) with two weeks advance notice and all required information (See Appendix C). CMWD forces will isolate the existing water main for each construction heading on the date so approved. The Contractor shall dewater the pipeline and excavations.
6. Install temporary highline to existing domestic water or fire services.
7. Construc t the new pipelines and appurtenances and remove existing pipelines or appurtenances that conflict with new Work.
8. Conduct hydrostatic pressure testing and disinfection of new pipelines.
9. Connect new water mains to the existing distribution system. Connect water services to the new water mains.
10. Abandon existing pipelines or appurtenances in-place where so noted.
11. Construct new surface improvements or restore existing improvements to original or better condition in areas disturbed by construction.
6-2.2 C
onstruction Phasing. The following construction phase guidelines are provided for the Contractor’s use in developing the construction schedule and highlining or sewer bypass plans .
The phasing guidelines listed herein shall not relieve the Contractor from its responsibilities to coordinate and perform all Work, revise the phasing descriptions, or to develop additional phases as necessary to complete the Work in its entirety in accordance with the Contract Documents.
Subm
it a Work Plan in accordance with Section 2- 5.3 describing the pipeline isolation locations and sequence of Work for each phase. Any modification of the phasing described below shall be approved by the Engineer.
For w
ater and sewer work, the Contractor shall adhere to the following conditions:
For w
ater and sewer related work, the Contractor shall only work on one intersection at a time.
Al
l water shutdowns for water related work at the intersection of Harding Street and Pine Avenue must occur at night. No additional compensation will be allowed for water related night work required at the intersection of Harding Street and Pine Avenue.
For w
ater and sewer work, phasing shall be as follows:
Phas
e 1: Construct water improvements at Madison Street/Pine Avenue.
Phas
e 2: Construct sewer improvements first followed by water improvements at Chestnut Avenue/Madison Street.
Phas
e 3: Construct sewer improvements first followed by water improvements at Harding Street/Pine Avenue.
Phas
e 4: Construct sewer improvements first followed by water improvements at Chestnut Avenue/Roosevelt Street.
Phas
e 5: Construct water improvements at Oak Avenue and Jefferson Avenue.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 116 of 306 The contractor has flexibility in scheduling the street improvements but must adhere to the following phasing requirements:
The traffic circles must be constructed in pairs. Only two traffic circles intersections shall have construction occurring at any given time.
Pine Avenue and Madison Street and Chestnut Avenue and Madison Street shall be constructed concurrently.
Pine Avenue and Harding Street not shall be constructed concurrently with the other traffic circles.
Oak Avenue and Jefferson Street and Chestnut Avenue and Roosevelt Street shall be constructed concurrently. Work on these two intersections shall not begin until the other 3 traffic circles are completed.
6-2.3
Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7- 6, “The Contractor’s Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. The Contractor shall provide the most recent construction schedule at each Project Meeting.
6-3 SUSPEN
SION OF WORK.
6-3.1 G
eneral. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 A
rchaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer.
Di
scoveries 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 Cont
ractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6.
6-4 DEF
AULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
The C
ontract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 117 of 306 subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancel lation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor.
If
the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If
the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due.
The prov
isions of this section shall be in addition to all other rights and remedies available to the Agency under law.
6-5 TE
RMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority.
6-6 DEL
AYS AND EXTENSIONS OF TIME.
6-6.1 G
eneral. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6- 6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications.
No ex
tension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule.
If
delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 118 of 306 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 E
xtensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 P
ayment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 W
ritten Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIM
E OF COMPLETION.
6-7.1 G
eneral. The Contractor shall complete the Work within the time set forth in the Contract.
The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. T he time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 260 Working Days after the starting date specified in the Notice to Proceed. 6-7.2 W
orking Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:
1. Saturday,
2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1,
6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1.
Ni
ght work shall be defined as the following:
1. Sunday night at 9 p.m. through Friday morning at 6 a.m.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 119 of 306 a. Preparatory work between the hours of 9 p.m. to 10 p.m., b. Active construction work between the hours of 10 p.m. to 5 a.m., and c. Demobilization/clean-up between the hours of 5 a.m. to 6 a.m.
2. Excludes Agency holidays.
In addi
tion 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.
Mai
n line or service shutdowns will not be allowed on Mondays and Fridays.
Unl
ess otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays.
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve or direct work to occur outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
The C
ontractor shall not muster or conduct other preparatory efforts at or in the vicinity of the work site or staging areas outside of the above work hours.
No w
ork shall be performed by the Contractor during any moratoriums or special events designated by the Agency. The Contractor shall incorporate the dates, areas and types of work prohibited herein or elsewhere in the Contract Documents into the Construction Schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
6-7.3 C
ontract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest.
Otherwise, the statement will be deemed to have been accepted. 6-8 COM
PLETION, ACCEPTANCE, AND WARRANTY.
6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an inspection within five days of the Contractor’s request. The Contractor and Inspector shall attend the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies (also known as the punchlist).
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 Li
st of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List of Deficiencies 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 120 of 306 6-8.3 Site Follow -Up Walk -Through. Upon receipt of written 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 R
equest for Final Walk -Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector’s permission, the Contractor may submit written assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified through the Site Walk-Through process have been addressed and request a Final Inspection to demonstrate project completion to the Agency. The Contractor shall provide an attachment to the Request for Final Inspection with the Contractor’s written response to each deficiency. The Request for Final Inspection shall not be considered complete without the Contractor’s written response to each deficiency.
6-8.5 Fi
nal Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall attend the final inspection.
Representatives from other Agency departments reserve the right to be present at the Final Inspection.
The red-l
ine record drawings and asset schedules shall also be reviewed.
If
any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to complete the corrective work. 6-8.6 R
equest for Completion. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies are corrected by the Contractor, and the Engineer is satisfied that all of the Work meets the requirements of the Contract Documents.
Onc
e the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency’s approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed. 6-8.7 C
ompletion. Upon receipt of the Request for Completion letter, t he Agency shall review the written assertion within 2 working days. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter.
The com
pletion date will be the date to which liquidated damages will be computed.
Us
e, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work.
6-8.8 A
cceptance. Acceptance will occur after all the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board’s acceptance of the Work, the Agency will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work. 6-8.9 W
arranty. 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 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 121 of 306 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 defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LI
QUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of fifteen hundred dollars per ($1,500.00) per day. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
Ex
ecution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE
OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations.
Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.
In
the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents.
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONT
RACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
7-2 LA
BOR.
7-2.1 G
eneral. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 122 of 306 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor.
The C
ontractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8 -hour day and 40- hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In ac
cordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates.
Eac
h worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations.
The Cont
ractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.
7-3 LI
ABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract.
The cos
t of this insurance shall be included in the Contractor’s Bid. 7-4 WO
RKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification:
“I
am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” The Cont
ractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
Al
l compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.
Al
l insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 123 of 306 7-5 PERMITS. Except as specified herein the Contractor will obtain at their expense City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain al l permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements.
The Cont
ractor shall pay all business taxes or license fees that are required for the work. 7-5.1
Resource Agency Permits. There are no resource agency permits for the Work. 7-6 TH
E CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.
In o
rder to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language.
Bi
dder shall submit the qualifications of the Contractor's Representative with the bid. The resume and qualifications for the Contractor's Representative shall demonstrate, at a minimum:
1. Fiv
e years of experience as superintendent successfully completing public street improvements and potable water distribution and sewer pipeline replacements, with at least three projects having a construction cost of $3 million or greater and similar complexity as specified for this Contract.
2. Three projects that required the replacement of potable or reclaimed water distribution system pipe and isolation valves ranging in size from 8- to 12-inch diameter.
The Ci
ty of Carlsbad reserves the right to disqualify bidders if the required technical ability and experience of the Contractor's Representative is not established.
In t
he event that the Contractor proposes to change it’s Representative prior to Project completion, the Contractor shall notify the Agency and submit the qualifications of the proposed Representative for the Engineer's review at least two weeks prior to the proposed change. The qualifications shall demonstrat e that the minimum requirements of the position, as described herein, are satisfied. The Engineer will review the qualifications within 10 working days of receipt.
No c
hange 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 Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 124 of 306 right to suspend work, at the Contractor's cost, until a qualified Representative is approved for the Project.
7-7 COO
PERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others.
The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.
The A
gency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference.
The Cont
ractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.
Shoul
d the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time.
7-7.1 C
oordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PRO
JECT SITE MAINTENANCE.
7-8.1 C
leanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.
When
required by the Plans or Specifications, the Contractor shall furnish and operate a self - loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.
Mat
erials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid.
Car
e shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.
Ex
cess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications.
Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 125 of 306 Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
Cl
eanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental t o the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 A
ir 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 V
ermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 S
anitary Sewers. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. 7-8.4
.1 General. The flow of sewage shall not be interrupted. Should the Contractor disrupt the operation of existing sanitary sewer facilities, or should disruption be necessary for performance of the Work, the Contractor shall bypass the sewage flow around the Work. Sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches nor be covered by backfill.
Whenev
er sewage bypass and pumping is required by the Plans or Specifications, or the Contractor so elects to perform, the Contractor shall submit a Working Drawing conforming to 7-
8.4.2 detailing its proposed plan of sewage bypass and pumping. 7-8.4.2 Sewage Bypass and Pumping Plan. The plan shall indicate the locations and capacities of all pumps, sumps, suction and discharge lines. Pumps, equipment and piping shall be sized to handle the peak sewer flows to be bypassed and pumped as follows:
LOCATION EX MH ID PWWF gallons per minute (gpm)
PINE AND HARDING 10C-49 470
ROOSEVELT AND CHESTNUT 16A-73 620
MADISON AND CHESTNUT 16A-31 370
Bypass piping, when crossing areas subject to traffic loads, shall be constructed in trenches with adequate cover and otherwise protected from damage due to traffic. Lay -flat hose or aluminum piping with an adequate casing and/or traffic plates may be allowed if so approved by the Engineer. Bypass pump suction and discharge lines that extend into manholes shall be rigid hose Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 126 of 306 or hard pipe. Lay -flat hose will not be allowed to extend into manholes. The Contractor shall provide a backup bypass pumping system in case of malfunction. The backup bypass system shall provide 100 percent standby capability, and be in place and ready for immediate use. Each standby pump shall be a complete unit with its own suction and discharge piping.
All pumps shall be critically silenced for noise control in such a manner that the maximum noise level does not exceed 70 dbA within 30 feet of the bypass equipment. The Contractor is responsible for noise attenuation equipment and odor control measures if determined necessary by the Agency or County based on site conditions and impact to adjacent property owners.
Bypass Operation: 24 hours per day, 7 days per week, including holidays, during the period of Work. Operation of the bypass system shall be continuously monitored by the Contractor’s qualified personnel.
Contractor shall have a minimum of five (5) years of experience in temporary handling of sewage flows in projects of similar size and nature.
7-8.4.3 Spill Prevention and Emergency Response Plan . The Contractor shall prepare and submit a spill prevention, and emergency response plan. The plan shall address implementation of measures to prevent sewage spills, procedures for spill control and containment, notifications, emergency response, cleanup, and spill and damage reporting.
The plan shall account for all storm drain systems and water courses within the vicinity of the Work which could be affected by a sewage spill. Catch basins that could receive spilled sewage shall be identified. Unless otherwise specified, these catch basins shall be sealed prior to operating the bypass and pumping system. The Contractor shall remove all material used to seal the catch basins when the bypass and pumping system operations are complete.
The Contractor shall be fully responsible for containing any sewage spillage, preventing any sewage from reaching a watercourse, recovery and legal disposal of any spilled sewage, any fines or penalties associated with the sewage spill imposed upon by the Agency and/or the Contractor by jurisdictional regulatory agencies, and any other expenses or liabilities related to the sewage spill.
7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore.
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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 127 of 306 This
Project, and all Project Work, requires compliance with Carlsbad Municipal Code Chapter
15.12 and coverage under the California Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2022- 0057-DWQ, NPDES No. CAS 000002, or subsequent order, and any amendment, revision or re -issuance of it (Construction General Permit).
The Cont
ractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included as part of the contract price bid.
The C
ontractor shall cooperate with the City during the preparation of the Notice of Intent (NOI), which shall be filed by the City of Carlsbad per the requirements of the applicable Order before a Notice to Proceed is issued. The Contractor shall furnish all data and reports necessary to demonstrate compliance with applicable Orders and for the filing of the Notice of Termination (NOT) by the City and acceptance by the State Water Resources Control Board.
At
least one Conditional Waiver of the California Water Quality Control Board, San Diego Region, Order No. R9-2014-0041, Conditional Waivers of Waste Discharge Requirements for Low Threat Discharges in the San Diego Region is deemed applicable to the Work. The Contractor shall evaluate its means and methods required to construct the Work in a manner that complies with the conditional waivers and shall notify the Engineer in the event of conflict and prior to mobilization. Construction activities which create a potential for storm water or non -storm water pollution, and which are not authorized by the conditional waivers, shall be addressed in the project SWPPP prepared by the Contractor.
Al
l costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plan in accordance with applicable Orders and coordinating with the City and the Regional Water Quality Control Board shall be included in the bid item for Storm Water Pollution Prevention Plan or, if no such bid item exists, shall be included as part of in the Contract Unit Price for each item in the Bid and the total bid price and no separate payment will be made. 7-8.7 D
rainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.
8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PRO
TECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.
The Cont
ractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right -of-way must be removed, the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 128 of 306 remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Maint
enance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5.
Trees,
lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.
The Contr
actor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.
All
costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.
7-10 PUBLI
C CONVENIENCE AND SAFETY.
7-10.1 Tr
affic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.
Safe and
adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establ ishments of similar nature.
Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.
Safe and adequat
e pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer.
Vehic
ular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access.
The Contr
actor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.
Gradi
ng operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic.
Unless otherwise authorized, work shall be performed in only one- half the roadway at one time.
One half shall be kept open and unobstructed until the opposite side is ready for use. If one- half a street only is being improved, the other half shall be conditioned and maintained as a detour.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 129 of 306 The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup.
The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
Dur
ing overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses.
Sev
enty-two hours prior to the start of any construction in the public right -of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified.
The noti
fication shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24- hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For r
esidences, the notification shall be pre- cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. The precut notices shall be as shown on the example provided by the communications department. The day of the week shall be circled and appropriate information specific to the Work inserted at the locations indicated in the italicized font. The preparation, materials, printing, delivery and distribution of the letters, door hangers and notifications shall be included in the contract price Bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices.
In addi
tion to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re -posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work.
The prepar
ation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices.
The cont
ractor shall replace all street markings and striping damaged by construction activities.
The Cont
ractor shall include in its Bid all costs for the above requirements.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 130 of 306 7-10.2 S
torage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time.
Cons
truction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.
Ex
cavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
7-10.3 S
treet Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work.
The Cont
ractor shall not begin demolition work at the intersection of Harding Street and Pine Avenue until after the NB bus stop is relocated to its new location. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following:
1) The Engineer ............................................................................ ( 442) 339-2720 2) Carlsbad Fire Department Dispatch .......................................... (760) 931-2197 3) Carlsbad Police Department Dispatch ...................................... (760) 931-8500 4) Carlsbad Traffic Signals Maintenance (extension 2937) ........... (760) 438-2980 5) Carlsbad Traffic Signals Operations.......................................... ( 442) 339-2752 6) North County Transit District ..................................................... (760) 967-2828 7) Republic Services ..................................................................... ( 877) 692-9729 The C
ontractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops.
The C
ontractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid.
Traf
fic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD latest version, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 131 of 306 shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3
.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non- existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post -type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3
.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 6’, nor operate equipment within 2’ from any traffic lane occupied by traffic. For equipment, the 2’ shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 132 of 306 or provide barriers.
The C
ontractor may close the intersections at times with advance approval and notification to public traffic during construction of the traffic circles. The Contractor shall maintain emergency access at all times during the entire construction at these locations. The Contractor shall maintain access to all driveways at all times during the entire construction at these locations. 7-10.3
.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety.
When
lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way.
7-10.3
.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3
.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Sur
faces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation.
Tem
porary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3
.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 133 of 306 Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP.
The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals.
7-10.3
.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid.
When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 134 of 306 7-10.4 Safety.
7-10.4
.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.
Bef
ore excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer.
Pay
ment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law.
7-10.4
.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations.
The E
ngineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
7-10.4
.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used.
Mat
erial usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.
The Cont
ractor shall notify the Engineer if a specified product cannot be used under safe conditions.
7-10.4
.4 Confined Spaces.
(a)
Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR.
Pr
ior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Trai
ning of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 135 of 306
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 Cont
ractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) P
ermit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre -entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit -required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site.
(c
) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4
.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
7-10.4
.6 Flood Lighting.
7-10.4
.6.1 General. When work is being performed during hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used to illuminate the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting 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 included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4
.7 Security and Protective Devices.
7-10.4
.7.1 General. Security and protective devices shall consist of fencing, steel 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 to 304-5. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the Contractor shall provide equivalent security.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 136 of 306 7-10.4
.8 Steel Plate Covers.
7-10.4
.8.1 General. The Contractor shall provide, install, and maintain steel plate covers as necessary to protect from accidental entry into openings, trenches, and excavations. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehi cle from being endangered due to plate movement causing separations or gaps. The Contractor shall submit the design in accordance with Section 2-5.3 which shall include the following criteria:
1. The approv
al of steel plate bridging shall be at the sole discretion of the Engineer.
2. Steel plate bridging shall be designed to support HS20- 44 truck loading per Caltrans Bridge Design Specifications Manual.
3. Surfaces exposed to pedestrian or vehicular traffic shall be non-skid. The Contractor shall maintain a non -skid surface on the steel 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 plates with known coefficients of friction available from each Caltrans District Materials Engineer to correlate skid resistance results to California Test Method 342.
4. The Contractor shall install signage with a 2-inch (51 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and 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 responsible for the maintenance of the plates and asphalt concrete 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 movements, separation, noise, anchors, asphalt ramps or any other deficiency.
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.
8. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer.
9. For trench widths exceeding those in Table 7-10.4.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the 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 specified in the Special Provisions or approved by the Engineer Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 137 of 306 for the site conditions prior to use, steel plate covers shall be installed using Method 1. Method 2 shall not be used in a traveled lane.
Met
hod 1. The pavement shall be cold milled to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface to support the plate 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 filled with elastomeric sealant material which may, at the Contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of Tables 203-5.2(B) and 203-5.3(A).
Met
hod 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 other. Temporary asphalt concrete (D2-SC 800) shall be used to construct 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.
Adv
ance traffic warning signs shall be installed as specified in the Special Provisions or shown on the TCP.
7-10.4
.8.4 Payment. Steel plate bridge materials including, but not limited to steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop dr awings and submittals to support the use of steel plate bridging and all other materials, labor, 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. 7-11 PAT
ENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents.
7-12 AD
VERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval.
Com
mercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades.
7-13 LA
WS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 138 of 306 7-14 AN
TITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“I
n entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract.
The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.” ADD
the following section:
7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008 and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov . The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
At
tention is directed to the Federal minimum wage rate requirements in the “Proposal and Contract” books. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.
The U.
S. Department of Transportation (DOT) provides a toll -free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8 a.m. and 5 p.m., Eastern Time, Telephone No. 1 -800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.
ADD
the following section:
7-16 PUBLIC SAFETY. The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.09, "Public Safety," of the CALTRANS’ standard specifications and these special provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 139 of 306 The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist:
A. Ex
cavations — The near edge of the excavation is 3.6 m or less from the edge of the lane, except:
1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public.
2. Excavations less than 0.3-m deep.
3. Trenches less than 0.3-m wide for irrigation pipe or electrical conduit, or excavations less than 0.3-m in diameter.
4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction.
5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical: horizontal).
6. Excavations protected by existing barrier or railing.
B. Temporarily Unprotected Permanent Obstacles — The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.
C. Storage Areas — Material or equipment is stored within 3.6 m of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provisions.
The approac
h end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications, shall be offset a minimum of 4.6 m from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than
0.3-m transversely to 3 m longitudinally with respect to the edge of the traffic lane. If the 4.6 -m minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.
Tempor
ary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993 and conforming to 1988 Standard Plan B11- 30 may be used, provided the fabrication date is printed on the required Certificate of Compliance.
Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" of these special provisions.
Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 140 of 306 Approach Speed of Public Traffic
(Posted Limit - Km Per Hour)
Work Areas
Over 72 (45 Miles Per Hour) Within 1.8 m of a traffic lane but not on a traffic lane 56 to 72 (35 to 45 Miles Per Hour) Within 0.9-m of a traffic lane but not on a traffic lane The lane
closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.
When
traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m without written approval from the Engineer.
When w
ork is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.
Sus
pended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.
Full
compensation for conforming to the provisions in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
Requi
red for ALL construction contracts administered under the Caltrans Standard Specifications.
ADD
the following section:
7-17 BUY AMERICA REQUIREMENTS. Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
Manuf
actured Products
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 141 of 306 Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Const
ruction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
a. Polyvinylchloride
b. Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
Al
l manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.
Wher
e one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furni
sh construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
Al
l manufacturing processes for these materials must occur in the United States.
Buy
America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project Wai
vers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements
1. ______________________________
2. ______________________________
Requi
red for ALL construction contracts administered under the Caltrans Standard Specifications.
ADD
the following section:
7-18 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 142 of 306 and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing.
In c
onformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.
If
delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications.
Requi
red for ALL construction contracts administered under the Caltrans Standard Specifications.
ADD
the following schedule:
7-19 SUBCONTRACTOR AND DBE RECORDS. Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution.
The A
gency requests the Contractor to:
1. Not
ify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work Mai
ntain records including:
1. Nam
e and business address of each 1st-tier subcontractor
2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
3. Date of payment and total amount paid to each business If
you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work.
Bef
ore the 15th of each month, submit a Monthly DBE Trucking Verification form.
If
a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance.
Upon w
ork completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors, Exhibit 17- F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. 7-20 SUBCO
NTRACTING
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 143 of 306 No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work.
If
the Contractor violates Pub Cont Code § 4100 et seq., the City of Carlsbad may exercise the remedies provided under Pub Cont Code § 4110. The City of Carlsbad may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111.
The Cont
ractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.
Eac
h subcontract must comply with the contract.
Eac
h subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).
Subm
it copies of subcontracts upon request by the Engineer.
Bef
ore subcontracted work starts, submit a Subcontracting Request form.
Do not
use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site.
Upon
request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.
Eac
h subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontrac ted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract.
7-21 PRO
MPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
ADD
the following section:
7-22 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The pr ime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 144 of 306 the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 145 of 306 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
(NOT APPLICABLE)
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 146 of 306 SECTION 9 – MEASUREMENT AND PAYMENT
9-1 ME
ASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 G
eneral. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unl
ess otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.
The planimeter shall be considered an instrument of precision adapted to measurement of all areas.
9-1.2 M
ethods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved.
9-1.3 C
ertified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered.
9-1.4
Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures.
9-2 LUM
P SUM WORK. Items for which quantities are indicated “Lump Sum”, “LS”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto.
The Cont
ractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum.
9-3 PAYM
ENT
9-3.1 G
eneral. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.
The uni
t 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.
Pay
ment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 147 of 306 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded.
Whenev
er any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency.
Whenev
er immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability.
Pay
ment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-
10. Guar
antee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion.”
If
, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.
At
the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 P
artial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure.
Eac
h month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 148 of 306 request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
From
each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater.
No pr
ogress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9.
As
provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract.
Af
ter final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract.
All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
The C
ontractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If
the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.
The wr
itten statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 149 of 306 facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2
.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6- 7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The c
laims 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.
Pay
ment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 D
elivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate.
9-3.3
.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 M
obilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work.
9-3.4
.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall include full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment and supplies incidental to preparing to conduct work on and off the project site and other offsite facilities; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of thes e specifications. Such activities shall include, but are not limited to, coordination with Agency forces, surveying and staking, pre- construction video and photographs , stage areas, and any other work not included in any other bid item.
Pr
ogress payments for Mobilization and Preparatory Work will be made as follows:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 150 of 306 For t
he first progress payment (after the issuance of the Notice to Proceed), 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 Contractor has completely demobilized from the project site(s). 9-4
BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense.
9-4.1
Bid Schedule A
Bid
Item No. A-1 – Mobilization
The Contractor shall mobilize per Section 9-3.4
Bid
Item No. A-2 – Construction Schedule
The Contractor shall maintain a construction schedule per Section 6-1.
Bid
Item No. A-3 – Traffic Control
The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials and equipment and all incidental services including preparation and submittal of traffic control plans, paying all fees and implementing traffic control systems, complete in-place and in accordance with the Contract Documents, including, but not limited to Section 7- 10 and Section 313 of the Supplemental Provisions.
Bid
Item No. A-4 – Potholing
The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to determine, by potholing, the sizes and types and vertical and horizontal locations of existing utilities in accordance with the Contract Documents. This bid item shall include notification to Underground Service Alert, backfill of excavations, patching of pothole excavations with temporary AC paving, and submitting the results to the City Engineer for review and approval in advance of pavement saw-cutting or excavations for underground construction.
Bid
Item No. A-5 – Monument Preservation
The Contractor shall complete monument preservation per Section 400 -2 of the Supplemental Provisions.
Bid
Item No. A-6 – Unclassified Excavation
The contract unit price paid for Unclassified Excavation shall constitute full compensation complete all earthwork and erosion control per Sections 300- 2 thru 300- 9 of the Special Provisions and no additional compensation shall be allowed.
Bid
Item No. A-7 – Clearing and Grubbing
The entire work site to be cleared and grubbed as necessary to construct the improvements in accordance with Section 300-1 of the Special Provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 151 of 306 Bid
Item No. A-8 – Construct Transition Curb and Gutter
Transition curb and gutter the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, forming, backfill, aggregate base, and compaction, and no additional compensation shall be allowed.
Bid
Item No. A-9 – Construct 4” PCC Sidewalk per SDRSD G-7, G-9, G-10 The contract unit price paid for this bid item shall constitute full compensation to construct concrete sidewalk per SDRSD G -7, G -9 and G -10 for furnishing all labor, materials, tools, equipment, earthwork, bedding, backfilling, compaction, materials testing, concrete, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation will be allowed.
Bid
Item No. A-10 – Asphalt Concrete
Payment for Asphalt Concrete and all work included in and incidental to Section 302-5 shall be at the Contract Unit Price per Ton and shall include full compensation for all labor, materials, tools, and equipment for doing all work involved in completing full depth asphalt pavement to the depths shown on Plans, as specified in the Special Provisions, the SSPWC, and as directed by the Engineer, and there shall be no additional costs to the City therefor.
Bid
Item No. A-11 – Construct 6” Type G Curb and Gutter per SDRSD G-02 The contract unit price paid for this bid item shall constitute full compensation to construct 6” concrete curb and gutter per SDRSD G -2 Type G in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, and compaction, and no additional compensation shall be allowed.
Bid
Item No. A-12 – Construct 6” Modified Median Curb per City of Carlsbad Standard DWG GS-18
The contract unit price paid for this bid item shall constitute full compensation to construct 6” modified median curb per City of Carlsbad Standard DWG GS-18 in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-13 – Construct Modified Type D ADA Curb Ramp per SDRSD G-31 The contract unit price paid for this bid item shall constitute full compensation to construct modified concrete curb ramp per SDRSD G-31 Type D and shall include furnishing all labor, materials, and equipment and for providing all the work required for the construction of new curb ramps and truncated domes, and no additional compensation will be allowed. Concrete curb ramps shall be according to Section 303- 5 of the Supplementary General Provisions of the Standard Specifications and the San Diego Regional Standard drawings.
Any
new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, to its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by the Engineer. Truncated Domes shall be “Yellow” color or as directed by the Engineer. Concrete curb ramps will be “Field Fit” to best fit the existing field conditions or as detailed out on project plan set, these special provisions and with the Americans with Disabilities Act.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 152 of 306 Bid Item No. A-14 – Construct Type C ADA Curb Ramp per SDRSD G-29 The contract unit price paid for this bid item shall constitute full compensation to construct concrete curb ramp per SDRSD G-29 Type C and shall include furnishing all labor, materials, and equipment and for providing all the work required for the construction of new curb ramps and no additional compensation will be allowed. Concrete curb ramps shall be according to Section 303- 5 of the Supplementary General Provisions of the Standard Specifications and the San Diego Regional Standard drawings.
Any
new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, to its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by the Engineer. Truncated Domes shall be “Yellow” color or as directed by the Engineer. Concrete curb ramps will be “Field Fit” to best fit the existing field conditions or as detailed out on project plan set, these special provisions and with the Americans with Disabilities Act.
Bid
Item No. A-15 – Construct Concrete Cross Gutter per SDRSD G-12 The contract unit price paid for this bid item shall constitute full compensation to construct cross gutter per SDRSD G-12 and for furnishing all labor, materials, tools, equipment, earthwork, bedding, backfilling, compaction, materials testing, concrete, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation will be allowed.
Bid
Item No. A-16 – Slurry Seal
The contract unit price paid for this bid item shall constitute full compensation for slurry seal and for furnishing all labor, materials, equipment, and incidentals to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-17 – Construct 3” Mountable Curb
The contract unit price paid for this bid item shall constitute full compensation to construct 3” mountable curb in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-18 – Construct 12” 560-C-3250 Concrete Pad
The contract unit price paid for this bid item shall constitute full compensation to construct Concrete Pad in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or f acilities, labor, tools, excavation, forming, backfill, aggregate base, integral color, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-19 – Construct 6” Monolithic Retaining Curb at Back of Sidewalk The contract unit price paid for this bid item shall constitute full compensation to construct 6” Monolithic Retaining Curb in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 153 of 306 Bid Item No. A-20 – Construct 6”x6” Concrete Mow Curb
The contract unit price paid for this bid item shall constitute full compensation to construct Mow Curb in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-21 – Construct Type A-1 Curb Ramp per SDRSD G-28 The contract unit price paid for this bid item shall constitute full compensation to construct concrete curb ramp per SDRSD G -28 Type A-1 and shall include furnishing all labor, materials, and equipment and for providing all the work required for the construction of new curb ramps and no additional compensation will be allowed. Concrete curb ramps shall be according to Section 303-5 of the Supplementary General Provisions of the Standard Specifications and the San Diego Regional Standard drawings.
Any
new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, to its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by the Engineer. Truncated Domes shall be “Yellow” color or as directed by the Engineer. Concrete curb ramps will be “Field Fit” to best fit the existing field conditions or as detailed out on project plan set, these special provisions and with the Americans with Disabilities Act.
Bid
Item No. A-22 – Construct 4" Thick Integral Color Concrete The contract unit price paid for this bid item shall constitute full compensation to construct 4” Color Concrete in compliance with the SSPWC and the Plan Set. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, labor, tools, excavation, forming, backfill, aggregate base, integral color, compaction, and all other work and incidentals necessary to accomplish the work as specified herein and no additional compensation shall be allowed.
Bid
Item No. A-23 – Landscape and Irrigation Installation
The contract lump sum price paid for this bid item shall constitute full compensation to construct mortared stone mountable apron, 2’ accent wall, planting, and irrigation, Landscape and irrigation shall be installed per Part 8 of the Supplemental Provisions and the Plan Set.
Bid
Item No. A-24 – Construct Type B Curb Inlet per SDRSD D-02 (L=5’) Contractor to construct Type B Curb Inlet per SDRSD D-02, the plan set and in accordance with Section 303-1.
Bid
Item No. A-25 – Convert Existing Curb Inlet to a Modified Type A Cleanout per SDRSD D-09
Contractor to convert existing curb inlet to a modified Type A Cleanout per SDRSD D-09, the plan set and in accordance with Section 303-1.
Bid
Item No. A-26 – Furnish and Install 18” RCP Storm Drain Contractor to furnish and install reinforced concrete pipeline in accordance with Section 306.
Bid
Item No. A-27 – Dispersion Area BMP
This item constitutes payment for constructing dispersion area BMP per plan set and in accordance with Section 800-1.2.6. The contract unit price paid for this bid item shall constitute full compensation for Dispersion Area BMP and for furnishing all labor, materials, tools, equipment Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 154 of 306 and incidentals to accomplish work as specified herein and no additional compensation will be allowed, therefore.
Bid
Item No. A-28 – Furnish and Install Concrete Lug per SDRSD D-63 Contractor to construct Concrete Lug per SDRSD D -63, the plan set and in accordance with Section 303-1.
Bid
Item No. A-29 – Construct Type B Curb Inlet per SDRSD D-02 (L=24’) Contractor to construct Type B Curb Inlet (L=24’) per SDRSD D-02, the plan set and in accordance with Section 303-1.
Bid
Item No. A-30 – Electrical Equipment and Materials
The contractor shall furnish and install electrical equipment and materials per plan set and in accordance with Section 86 of the Caltrans Standard Specifications. The contractor shall coordinate with SDGE for new electrical service work.
Bid
Item No. A-31 – Painted Traffic Striping and Curb Pavement Markings, and Pavement Markers
The Contractor lump sum price paid for Painted Traffic Striping and Curb Pavement Marking, and Pavement Markers shall be made at the contract lump sum price and shall include full compensation for all paint or thermoplastic and pavement markers, removals, and furnishing all labor, materials, tools, equipment and incidentals to accomplish work as specified herein and no additional compensation will be allowed, therefore.
Bid
Item No. A-32 – Permanent Signing
The Contractor lump sum price paid for permanent signing and appurtenances shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer.
Bi
d Item No. A-33 – Staging Area
The contract price paid for this bid item shall constitute payment for city provided staging including full restoration of the staging area within the Contract time allowed for the Work. Staging areas are available on public streets nearby construction areas only and shall have temporary 6’ high chain link security fencing to keep traveling public safely away from the equipment . Chain link fence with fabric shall be constructed and secured with a black or dark green fabric attached securely to the chain li nk fence and shall have holes to sufficiently resist damage during windstorms. Staging area shall be indicated on submittals for traffic control plans per Section 7 - 10 and SWPPP per Section 300. The city does not compensate the contractor if construction storage is not available on or off site. If necessary, the contractor must find off -site storage and submit land use permit for off-site storage and incorporate area into their SWPPP. Prior to storage of any materials on any private property within the City’s boundaries, the Contractor shall provide to 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 Contract time allowed for the Work. Employees working on the project should park within the construction area or at another location that does not include the immediately adjacent streets, unless approved by the city. Loading or unloading equipment/materials shall be done in the staging area and/or within the Traffic Control plan.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 155 of 306 9-4.2 Bid Schedule B
Bid
Item No. B-1 – Mobilization
Payment for this bid item shall be made in accordance with Section 9-3.4 for all work included in Schedule B.
Bid
Item No. B-2 – Excavation Support System
The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, bracing, 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 preparation and submittal of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground in or adjacent to trenches or open excavations, and acceptance of said plan by the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the excavation support system standards of CCR, Title 8, Section 1541.1, the plan shall be prepared by a California registered civil or structural engineer. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety.
Bid
Item No. B-3 – Traffic Control
The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials and equipment and all incidental services including preparation and submittal of traffic control plans, paying all fees and implementing traffic control systems, complete in-place and in accordance with the Contract Documents, including, but not limited to Section 7- 10 and Section 313 of the Supplemental Provisions.
Bid
Item No. B-4 – Utility Potholing
The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to determine, by potholing, the sizes and types and vertical and horizontal locations of existing utilities in accordance with the Contract Documents. This bid item shall include notification to Underground Service Alert, backfill of excavations, patching of pothole excavations with temporary AC paving, and submitting the results to the City Engineer for review and approval in advance of pavement saw-cutting or excavations for underground construction.
Bid
Item No. B-5 – Removal of Existing Sewer Facilities
The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, and equipment for removal of existing sewer pipelines, manholes and appurtenances in accordance with Section 15000 and the Contract Documents.
Bid
Item No. B-6 – Abandonment of Existing Sewer Facilities The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, and equipment for abandonment of existing sewer pipelines, and slurry fill with a 2 - sack cement slurry in accordance with the Contract Documents.
Bid
Item No. B-7 – Furnish and Install 8” PVC Sewer Main
The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to furnish and install pipe of the specified sizes and types and to the limits specified on the Plans and in accordance with the Contract Documents. This bid item shall include pavement saw -cutting, demolition and disposal of existing pipes, removal and disposal of abandoned pipes; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; transition couplings; utility warning tape and disposal of surplus materials. This bid item does not include Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 156 of 306 pavement structural section restoration which is measured and paid for under a separate bid item.
Bid
Item No. B-8 – Furnish and Install 10” PVC Sewer Main
The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to furnish and install pipe of the specified sizes and types and to the limits specified on the Plans and in accordance with the Contract Documents. This bid item shall include pavement saw -cutting, demolition and disposal of existing pipes, removal and disposal of abandoned pipes; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; transition couplings; utility warning tape and disposal of surplus materials. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item Bid
Item No. B-9 – Furnish and Install 12” PVC Sewer Main
The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to furnish and install pipe of the specified sizes and types and to the limits specified on the Plans and in accordance with the Contract Documents. This bid item shall include pavement saw -cutting, demolition and disposal of existing pipes, removal and disposal of abandoned pipes; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; transition couplings; utility warning tape and disposal of surplus materials. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item Bid
Item No. B-10 – Furnish and Install Sewer Manhole
The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to construct sewer manhole per City of Carlsbad Standard DWG S -1 and in accordance with the city Approved Materials List, Section 03000, Section 03460 and the Contract Documents. This bid item shall include pavement saw -cutting, demolition and disposal; excavation; dewatering and any required water disposal; preparation of subgrade beneath manhole base; base, shaft, cone, grade rings and frame and cover assemblies; placement and compaction of crushed rock bedding and soil backfill; manhole adapters, disposal of surplus materials and adjustment of frame and cover assemblies to final grade. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item.
Bid
Item No. B-11 – Temporary Sewer Bypassing
The contract price paid for this bid item shall constitute full compensation to furnish, install, operate and maintain a temporary sewer bypass system during sewer facility construction including, but not limited to design, preparation and submittal of sewer bypass plan, pumps, redundant pumps, piping, testing, continuous system monitoring during bypass operations; security; temporary asphalt (cold mix); protective barriers, ramps or plating; maintenance of the system for the duration of the work; removal of the system upon completion of work; and site restoration. Unless otherwise specified, the bypass system capacity shall be sized to handle flows in accordance with Section 7-8.4.2 Sewage Bypass and Pumping Plan. The Contractor shall reference Appendix “F” for the sewer system maps.
Bid
Item No. B-12 – Removal of Existing Water Valve
The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to remove and legally dispose of existing water valves per Section 15000 and the Plans. This bid item shall include pavement saw -cutting, demolition and disposal; excavation; dewatering and any required water disposal; removal of valves, thrust blocks, valve wells and covers; placement and compaction of trench backfill and disposal of surplus materials.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 157 of 306 Bid
Item No. B-13 – Abandon Water Main
The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to cut -and-plug or slurry fill and abandon in- place existing water mains in accordance with Section 15000 and the Contract Documents. This item shall include all excavation, dewatering, concrete plugging or slurry filling of pipe to be abandoned in -place, backfilling of excavations and all incidental work.
Bid
Item No. B-14 – Asbestos Cement Pipe Removal and Disposal The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to remove and dispose existing asbestos cement pipe in accordance with Section 02060 of the Carlsbad Engineering Standards and the Contract Documents. This item shall include the preparation and submittal of any required health and safety plans; excavation; dewatering; cutting, removal of ACP; polyethylene encasement of AC pipe to be disposed; placement of ACP in designated waste containers; legal disposal of pipe, providing manifest of disposal and all incidental work in accordance with applicable regulations.
Bid
Item No. B-15 – Asbestos Cement Pipe Sample for Testing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools and equipment to provide asbestos cement pipe samples for testing, including; labeling, bagging, sealing samples for AC Pipe Testing, and delivery of samples to CMWD (Monday through Thursday only), in accordance with Section 02060 and 02262 of the Carlsbad Engineering Standards and other requirements of the Contract Documents. CMWD will perform AC Pipe Testing.
Bid
Item No. B-16 – Trench Resurfacing
The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment for trench resurfacing, complete in place in accordance with Carlsbad Standard DWG GS-24 through GS-28 and the Contract Documents. The price paid shall include, but not be limited to, saw-cutting and cold milling not included in any other bid 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 waste or surplus materials and all incidental work or services. Pavement that is damaged during construction, when such damage 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.
Bid
Item No. B-17 – Furnish and Install 1-inch Water Service Assembly 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 Drawings 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 abandoned 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; sacrificial anodes; meter box, site restoration and all incidental work . Existing meters will be removed by CMWD. New water meters, where needed, will be furnished and installed by CMWD. This bid item does not include pavement structural section restoration which is measured and paid for under a separate bid item.
Bid
Item No. B-18 – Furnish and Install 2-inch Blowoff Assembly Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 158 of 306 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.
Bid
Item No. B-19 – Furnish and Install 2-inch Manual Air Release 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.
Bid
Item No. B-20 – Furnish and Install 6-inch 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 specified and valve box assembly per CMWD Standard Drawing W-21 and in accordance with the Contract Documents. This bid item shall 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 installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items.
Bid
Item No. B-21 – Furnish and Install 8-inch 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 specified and valve box assembly per CMWD Standard Drawing W-21 and in accordance with the Contract Documents. This bid item shall 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 installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items.
Bid
Item No. B-22 – Furnish and Install 10-inch 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 specified and valve box assembly per CMWD Standard Drawing W-21 and in accordance with the Contract Documents. This bid item shall 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 installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 159 of 306 Bid
Item No. B-23 – Furnish and Install 12-inch 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 specified and valve box assembly per CMWD Standard Drawing W-21 and in accordance with the Contract Documents. This bid item shall 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 installed for fire service or fire hydrant assemblies shall be measured and paid for under separate bid items.
Bid
Item No. B-24 – Furnish and Install 6-inch PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new polyvinyl chloride (PVC) water main of the size specified per CMWD W-2 to the limits specified on the Plans and in accordance with the Contract Documents.
This bid item shall include pavement saw-cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bi
d Item No. B-25 – Furnish and Install 8-inch PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new polyvinyl chloride (PVC) water main of the size specified per CMWD W-2 to the limits specified on the Plans and in accordance with the Contract Documents.
This bid item shall include pavement saw-cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bid
Item No. B-26 – Furnish and Install 10-inch PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new polyvinyl chloride (PVC) water main of the size specified per CMWD W-2 to the limits specified on the Plans and in accordance with the Contract Documents.
This bid item shall include pavement saw-cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bid
Item No. B-27 – Furnish and Install 12-inch PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new polyvinyl chloride (PVC) water main of the size specified per CMWD W-2 to the limits specified on the Plans and in accordance with the Contract Documents.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 160 of 306 This bid item shall include pavement saw-cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets; fittings; corrosion protection of fittings and hardware; thrust blocks and thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bid
Item No. B-28 – Furnish and Install 10-inch Fusible PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new fusible PVC water main of the sizes and types and to the limits shown on the Plans and in accordance with the Contract Documents. Fusible PVC pipe shall be installed in steel casings; wherever “no joints” are specified at crossings with non- potable fluid pipelines; where new water mains are parallel to and less than 10 feet horizontally from non- potable fluid pipelines or where shown on the Plans. Work shall include pavement saw -cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; fusible PVC pipe and fusion services; fittings; corrosion protection for fittings and hardware; thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bid
Item No. B-29 – Furnish and Install 12-inch Fusible PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new fusible PVC water main of the sizes and types and to the limits shown on the Plans and in accordance with the Contract Documents. Fusible PVC pipe shall be installed in steel casings; wherever “no joints” are specified at crossings with non- potable fluid pipelines; where new water mains are parallel to and less than 10 feet horizontally from non- potable fluid pipelines or where shown on the Plans. Work shall include pavement saw -cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; fusible PVC pipe and fusion services; fittings; corrosion protection for fittings and hardware; thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Bid
Item No. B-30 – Furnish and Install 14-inch Fusible PVC Water Main The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to construct new fusible PVC water main of the sizes and types and to the limits shown on the Plans and in accordance with the Contract Documents. Fusible PVC pipe shall be installed in steel casings; wherever “no joints” are specified at crossings with non- potable fluid pipelines; where new water mains are parallel to and less than 10 feet horizontally from non- potable fluid pipelines or where shown on the Plans. Work shall include pavement saw -cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; fusible PVC pipe and fusion services; fittings; corrosion protection for fittings and hardware; thrust restraint devices; installation of tracer wire and utility warning tape; hydrostatic pressure testing; disinfection; 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.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 161 of 306 Bid Item No. B-31 – Furnish and Install 12-inch Fusible PVC Casing The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to furnish and install fusible PVC casing for water mains of the sizes and to the limits specified on the Plans and in accordance with the Contract Documents. Work shall include pavement saw-cutting, demolition and disposal; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; casing spacers; annular space backfill; end seals and 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.
Bid
Item No. B-32 – 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 fittings; gate valve; valve support blocks; thrust restraint fittings or concrete thrust blocks; hydrant; valve box and lid; locating wire; placement and compaction of pipe zone bedding and backfill and trench zone backfill; appurtenance pads; fire hydrant markers 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.
Bid
Item No. B-33 – Furnish and Install Temporary Highline
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment and install temporary highline for domestic water services or fire services in accordance with the Contract Documents. The price paid shall include, but is not limited to, submittal of a highlining plan; securing temporary water meter; backflow prevention device; all piping, fittings and isolation valves; disinfection; bacteriological testing; 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 cement concrete flatwork, curb or gutter not paid for in any other bid item. Materials used for the temporary highline shall 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.
Bid
Item No. B-34 – Over Excavation and Backfill for Utility Trenching 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 foundation stabilization in accordance with Section 02223 of the Carlsbad Engineering Standards and the Contract Documents. The removal limits shall be as ordered by the Engineer.
Bid
Item No. B-35 – Furnish and Install 12-inch Water Main Line Stop The contract price paid for this bid item shall constitute full compensation for all labor, materials and equipment to furnish and install a temporary line stop on the existing water main of the size specified in accordance with the Contract Documents. This bid item shall include excavation, thrust blocks, hot tapping equipment, fittings, temporary valves, completion plugs, and trench backfill. Line stops shall be installed at the locations specified and as ordered by the City Engineer.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 162 of 306 Bid Items No. B-36 thru B40 – Water Main Connection
The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment not included in any other bid item 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 include 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 restoration which shall be measured and paid for under a separate bid item. No separate payment shall be made for water main connections that are not listed in the Bid Schedule.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 163 of 306 SECTION 10 – FEDERAL REQUIREMENTS FOR FEDERAL-AID
CONSTRUCTION PROJECTS
10-
1 GENERAL. The work herein proposed will be financed in whole or in part with Federal or State funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal or State funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, are included in Appendix E. Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized repre- sentative of the SHA", such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications.
10-
2 PERFORMANCE OF PREVIOUS CONTRACT. In addition to the provisions in Section II, "Nondiscrimination," and Section VI, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following:
The bidder
shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VI of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor.
10-
3 NON-COLLUSION PROVISION . The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects.
Tit
le 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal.
10-
4 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTING .
Part 26, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 164 of 306
SUPPLEMENTAL PROVISIONS
TO
ST
ANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2
CONSTRUCTION MATERIALS
SE
CTION 200 - ROCK MATERIALS
200-
2 UNTREATED BASE MATERIALS.
200-2.1 General.
Repl
ace this subsection in its entirety with the following:
Mat
erials for use as untreated base or subbase shall be classified in the order of preference as follows:
a) Class II Aggregate Base conforming to Caltrans Standard Specification, Section 26:
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 t
he 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 requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests 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 aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City 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 due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 165 of 306 No singl
e 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 f
ollowing:
If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do not meet the requirements specified, placement of the Crushed Miscellaneous 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 t
he 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 approv ed 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 due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the requirements for Crushed Miscellaneous Base, only one adjustment shall apply.
No singl
e 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 P
ORTLAND CEMENT CONCRETE.
TABLE 201-1.1.2(A) Modify as follows:
TABLE 201
-1.1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction Concrete Maximum
Class Slump mm (Inches)
All Concrete Used Within the Right-of-Way 330-C-23
(560-C-3250) (1)
(2)
Trench Backfill Slurry 115-E-3
(190-E-400)
200 (8”)
Street Light Foundations and Survey
Monuments
330-C-23
(560-C-3250)
100 (4”)
Traffic Signal Foundations 350-C-27
(590-C-3750)
100 (4”)
Concreted-Rock Erosion Protection 310-C-17
(520-C-2500P)
per Table 300-11.3.1
(1) Except that concrete required to be of higher strength by Table 201- 1.1.2(A) SSPWC shall be as per Table 201-
1.1.2(A) SSPWC.
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 166 of 306 201-1.2 Materials.
ADD the following section after 201-1.2.4
201-1.2.4(d) Air-Entraining Admixtures.
Substitute the following:
The air content shall not deviate from the percentage specified or permitted by more than 1- 1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504.
ADD the following
201-1.2.4(f) Integral Colored Concrete. ADD the following : Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, work ability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical sur faces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant.
Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete.
Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following:
Color: Schooner Beige or approved equal
Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials.
Manufacturer:
Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company
6533 Bandini Boulevard
Los Angeles, CA 90040
1-800-800-9900
Admixture products and procedures for installation shall be in strict accordance with the manufacturer’s specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA).
ADD the following:
201-1.6 Miscellaneous Concrete Finishing Products.
201-1.6.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal)
Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 167 of 306 Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance.
Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance.
Install per manufacturer’s directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications:
Color: Clear, non-yellowing
Odor: Mild
Flash Point: None (C.O.C. method)
Specific Grav.: 1.03
Density: 8.6 pounds per gallon
Drying Time: 30 minutes to 60 minutes
Cure Time: 24 to 48 hours
VOC Content: None (0 g/l) excluding water
Polymer Type: Proprietary Reactive Resin System
Coverages (approximate):
Smooth Concrete: 300 to 400 square feet per gallon
Rough Concrete: 200 to 300 square feet per gallon
Note: Coverages vary depending on porosity and condition of surface and method of application.
Method of Application: Airless sprayer.
Manufacturer:
Scofield Chromix Admixtures for color-c onditioned concrete, or approved equal L.M. Scofield Company
6533 Bandini Boulevard
Los Angeles, CA 90040
1-800-800-9900
All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer’s direction.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant).
ADD the following:
All finished concrete surfaces shall have a ½” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A” and colored to match the color of the concrete surface.
Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates.
Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 168 of 306 exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant.
Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance.
Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience.
Provide color selections made by Engineer from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type “A” as specified in Section 201-1.2.4(a) of these Special Provisions.
Joint sealants shall be multi -component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT- S 0227E Class A, non-sag, Type II.
Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer.
Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.
Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open -cell polyurethane foam or closed- cell polyethylene foam, subject to approval of sealant manufacturer, f or cold-applied sealants only.
Polystyrene foam is not acceptable.
201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber -Asphalt Joint Sealant). ADD the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete.
Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201 -
3.7(A).
TABLE 201-3.7(A)
Property Measuring Standard (ASTM
Designation)
Results Conditions
Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max.
Resilience ASTM D 3407, Sec. 8 25%, min. 25°C
Softening Point, ASTM D 36 82 °C, min.
Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min
Flash Point, COC, °C ASTM D 92 288 °C, min.
Viscosity, Brookfield
Thermosel,
ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20
rpm, 190°C,
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 169 of 306 SECTION 203 – BITUMINOUS MATERIALS
203-1 PAVING ASPHALT.
203-1.3 Test Reports and Certification.
DELETE in its entirety and REPLACE with the following:
1. Paving asphalt shall be supplied by Caltrans or other State Department of Transportation approved vendors unless otherwise specified in the Special Provisions. At delivery time, the supplying vendor shall deliver to the purchaser a certified copy of the test report. This report shall indicate the vendor's name, grade of paving asphalt delivered, date/ time and point of delivery, quantity delivered, ticket number, purchase order number, and results of specified tests. The certified test report and the testing required in connection with the report shall be submitted in accordance with 3-8.4.
2. Final acceptance of the material will be dependent upon the determination by the Engineer that the material involved conforms to the Specifications. 203-5 SLURRY SEAL.
203-5.2 Mix Design.
DELETE the last paragraph and REPLACE with the following:
1. When a mix design is more than 30 Calendar Days old, it shall be supplemented with a Certificate of Compliance that states the combined aggregate gradation is within ± 3 percent of the referenced mix design based on a 30-day moving average or the average of a minimum of 10 of the most current laboratory results, whichever is greater. A mix design shall be reformulated if it is more than 6 months old or whenever the combined aggregate gradation changes from that in the previously submitted mix design by ± 3 percentage points on any sieve size shown in Table 203- 5.3.2. If the source of any aggregate or emulsified asphalt is changed, or the mix design or supporting laboratory reports are over 6 months old, a new mix design shall be submitted.
203-6 ASPHALT CONCRETE.
203-6.1 General.
DELETE in its entirety and REPLACE with the following:
1. Asphalt concrete shall be the product of mixing mineral aggregate and up to 20 percent RAP with asphalt binder at a central mixing plant.
2. When specified in the Special Provisions, asphalt concrete may contain greater than 20 percent RAP or be produced using a WMA technology.
3. Asphalt concrete containing any modified paving asphalt or WMA technology or WMA additive shall not include more than 15 percent RAP.
4. Unless otherwise specified in the Special Provisions or shown on the Plans, asphalt concrete mixtures shall conform to 203-6.4.
203-6.2.5.4 Testing.
DELETE the fourth sentence and REPLACE with the following:
1. When using greater than 20 percent RAP, the following additional tests shall be performed:
203-6.3 Job Mix Formula (JMF) and Mix Designs.
203-6.3.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall submit in accordance with 3 -8.4 a JMF that summarizes each asphalt concrete mix design for each class and grade of asphalt concrete required to construct the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 170 of 306 Work. Supporting information for the WMA technology and/or recycling agent, if included in a mixture, shall also be submitted.
2. The JMF shall identify the source and the individual grading of each material used to produce the mix design (including the percentage and individual gradation of any manufactured or natural sands), the combined gradation, the OBC, void content, RAP percentage, RAP gradation, RAP binder content, stability value, plant identification, mix number, WMA technology, and the source and performance grade of the paving asphalt. The mix design test data represented by the JMF shall be submitted to the Engineer with the JMF.
3. When greater than 20 percent RAP is to be included in a mixture, a mix design shall be submitted. The submittal shall include supporting information showing the viscosity of the individual binders (both the virgin paving asphalt grade and that of the binder recovered from the RAP); and the amount of recycling agent, if any, and the blended final viscosity in accordance with AASHTO M323.
4. For all mixtures, the asphalt binder content shall be defined as the total bituminous material present in the mix consisting of the blend of virgin paving asphalt, residual paving asphalt from RAP, and recycling agent.
5. When a mix design is more than 30 Calendar Days old, the JMF must indicate that the combined gradation is ± 3 percent from the referenced mix design based on a 30-day moving average or a minimum of the 10 most current results. If the combined aggregate gradation is not within ± 3 percentage points of the gradation shown on the referenced mix design on any sieve, if the source of any aggregate is changed, the performance grade or source of paving asphalt is changed, the grade or source of any other component of asphalt concrete is changed, or the mix design is over 1 year old, a new mix design shall be prepared and a new JMF shall be submitted to the Engineer for approval.
6. Asphalt concrete shall be class C2-PG 64-28PM and PG 76-22PM. No more than 15% RAP shall be allowed in any AC mix.
203-6.3.2 Hveem Mix Design Method.
DELETE the fourth paragraph and REPLACE with the following:
1. Unless viscosity and blending charts developed in accordance with AASHTO M323 show otherwise, mix designs for mixtures containing more than 20 percent RAP shall drop the high temperature requirement of the virgin paving asphalt by one performance grade and drop the low temperature requirement by a minimum of one performance grade, e.g., a specified "PG 64-1O" shall become a "PG 58-22 or "PG 58-16."
203-6.
4 Asphalt Concrete Mixtures. ADD the following: Conventional Asphalt concrete shall be class C2-PG64-10 or Type III C2- PG64-10 for surface course, and B2 -PG64-10 or Type III B2- PG64-10 for base course. Asphalt concrete shall be class D2- PG70-10 for dikes and class E - PG70-10 ditches.
203-6.4.4 Composition and Grading.
ADD the following:
1. Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder will be taken for testing. In case of dispute between the Contractor and the Agency, the Engineer has the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 171 of 306 Sample Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during production
2. When behind the paver 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 the required testing.
3. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results.
4. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall be representative of their entire sample lot.
5. Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall stay the same:
Table 203-6.4.4 – Modified (Design Criteria)
Sieve Size
Percentage Passing Sieves
A B C1 C2 D1 D2 E F
Dense
Coarse
Dense
Medium
Coarse
Coarse
Medium
Dense
Medium
Coarse
Fine
Dense
Fine
Extra
Fine
Channel
Liner
1-1/2” (37.5 mm) 100
1” (25 mm) 90-100 100
¾” (19.0 mm) 78-90 87-100 100 100
½” (12.5 mm) 64-78 70-87 90-100 95-100 100 100
3/8” (9.5 mm) 54-68 55-76 72-88 72-88 90-100 95-100 100 100 No. 4 (4.75 mm) 34-48 35-52 40-54 46-60 40-54 58-72 65-85 95-100 No. 8 (2.36 mm) 25-35 22-40 18-34 28-42 20-32 34-48 45-65 70-84 No. 30 (600 µm) 12-22 8-24 8-20 15-27 6-18 18-32 22-38 36-50 No.50 (300 µm) 8-16 5-18 4-14 10-20 2-12 13-23 16-28 23-35 No. 200 (75 µm) 3-6 0-7 1-6 2-7 0-5 2-9 6-12 6-12
Asphalt Binder % 4.5-6.0 4.7-6.5 5.0-6.5 5.0-6.5 5.3-7.0 5.3-7.0 6.0-8.0 8.0-10.0 Hveem Stability
“S Value” (min.)
37 37 35 35 32 32
Air Voids1 4% 4% 4% 4% 4% 4%
203-6.5.1 Class and Grade.
DELETE the list and REPLACE with the following:
a) No suffix if the mixture contains RAP in an amount up to 20 percent. b) "R0" if the mixture does not contain RAP, e.g., "III-C2-PG 64-10-R0." Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 172 of 306 c) "R" and the percentage of RAP if the mixture contains greater than 20 percent, e.g. "III - C2-PG 64-I0-R25."
d) "WMA" if the mixture uses a warm mix asphalt technology, e.g., "III-C2-PG 64-10-WMA." Table 203-6.5.4.
DELETE in its entirety and REPLACE with the following:
CLASS B2 B3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
1" (25.0 mm) 100 100 100 100
3/4" (19.0 mm) 87-100 90-100 90-100 95-100
3/8" (9.5 mm) 50-80 60-75 60-84 65-80
No. 4 (4.75 mm) 30-60 40-55 40-60 45-60
No. 8 (2.36 mm) 22-44 27-40 24-50 30-45
No. 30 (600 µm) 8-26 12-22 11-29 15-25
No. 200 (75 µm) 1-8 3-6 1-9 3-7
Asphalt Binder %
Air Voids %
4.8-6.5
4%
4.8-6.5
4%
CLASS C2 C3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
3/4" (19.0 mm) 100 100 100 100
1/2" (12.5 mm) 89 -100 95 -100 89 -100 95 - 100
3/8" (9.5 mm) 70-94 75-90 74 -100 80-95
No. 4 (4.75 mm) 44-72 50-67 50- 78 55-72
No. 8 (2.36 mm) 30-54 35-50 32-60 38-55
No. 30 (600 µm) 10-34 15 - 30 14 - 38 18 - 33
No. 200 (75 µm) 2-10 4-7 2-10 4-8
Asphalt Binder %
Air Voids %
5.0 - 6.8
4%
5.0 - 7.0
4%
CLASS D F
Sieve Sizes Combined Average Combined Average
1/2" (12.5 mm)
3/8" (9.5 mm)
100
95-100
-
100
No. 4 (4.75 mm) 65-85 95-100
No. 8 (2.36 mm) 50-70 70-80
No. 30 (600 µm) 28-40 35-50
No. 200 (75 µm) 5-14 7-16
Asphalt Binder %
Air Voids
6.0-8.0
4%
8.0-10.0
203-6.8 Storage.
DELETE in its entirety and REPLACE with the following:
1. Storage of asphalt concrete shall not be allowed. Asphalt concrete shall be transferred from the mixer by a method that does not cause segregation.
203-6.10 Sampling.
DELETE in its entirety and REPLACE with the following:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 173 of 306
1. Aggregate samples for batch plants shall be taken from the hot bins. Aggregate samples for dryer-drum plants shall be taken in advance of the dryer- dr um using devices conforming to 203-6.7.4.2.
2. Evaluation and acceptance of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder shall be taken for testing. In case of dispute between the Contractor and the Agency, the Engineer has the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table:
TABLE 203-6.10
Sampling Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during production
3. When behind the paver 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 the required testing.
4. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results.
5. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall be representative of their entire sample lot.
203-6.11 Acceptance.
DELETE in its entirety and REPLACE with the following:
1. Acceptance of asphalt concrete mixtures will be based upon conformance to the gradation, asphalt binder content, air voids, and minimum stability values shown in Table 203-6.4.4. Air void values shall be between 2% and 6%. The asphalt binder content shall be within +/ - 0.4 percent of the OBC shown on the respective job mix formula.
2. Acceptance of Type III asphalt concrete mixtures will be based upon conformance to the gradation, asphalt binder content, air voids, and minimum stability values shown in Tables 203-6.5.4 (A) and 203- 6.5.4 (B). Air void values shall be between 2% and 6%. The asphalt binder content shall be within +/ - 0.4 percent of the OBC shown on the respective job mix formula.
3. Should plant gradation test results be unavailable and allowed by the Engineer, gradation may be determined in accordance with ASTM D2172 or by AASHTO T 308 with adherence to the aggregate correction factor therein. In the case of a continued dispute, final acceptance of plant produced mixtures may be based upon binder content, stability and air void values.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 174 of 306
4. When dissimilar surface course mix characteristics are the result of production and delivery from multiple plants, the Engineer may require production and delivery from only 1 plant during any 1 day of production, unless approved by the Engineer.
SE
CTION 206 - MISCELLANEOUS METAL ITEMS
ADD
the following section:
206-7 TRAFFIC SIGNS.
206-7.
1 Roadside Signs. This work shall consist of furnishing and installing roadside signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. Contractor shall provide specifications of materials for proposed installation and relocation of poles. Proposed materials shall be similar to the existing pole material (metals) to minimize rusting.
206-7.
1.2 Sign Identification. The following notation shall be placed on the lower right side of the back of each sign where the notation shall not be blocked by the sign post or frame:
A. PRO
PERTY OF THE CITY OF CARLSBAD,
B. Name of the sign manufacturer,
C. Month and year of fabrication,
D. Type of retroreflective sheeting, and
E. Manufacturer’s identification and lot number of retroreflective sheeting.
The above
notation shall be applied directly to the aluminum sign panels in 1/4 -inch upper case letters and numerals by die- stamp and applied by similar method to the fiberglass reinforced plastic signs. Painting, screening, or engraving of the notation will not be allowed. The notation shall be applied without damaging the finish of the sign. 206-7.
1.3 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichev er is most recent.
206-7.
1.4 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance with ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.
1.5 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance with ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 175 of 306 oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.
1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10- gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M -45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. 206-7.
1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. 206-7.
2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs.
206-7.
2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks.
206-7.
2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichev er is most recent.
206-7.
2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.
2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation B209. Sheet aluminum shall be pretreated in accordance to ASTM Designation B449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication.
206-7.
2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10- gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows:
a) Wood pos
ts shall not be used.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 176 of 306 b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m 2 (5 ft2) of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements of these special provisions.
206-7.
2.6 Temporary Traffic Sign Posts. Posts shall be 10- gage or 12 -gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs.
Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.
2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness.
Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206 -7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3- m (12”). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required.
ADD
the following section:
206-7.3 Portable Changeable Message Sign (PCMS).
ADD
the following section:
206-7.3.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.
The tr
ailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer
As
part of the bid item “Traffic Control,” at least one PCMS will be required in each direction of travel affected by the work on Carlsbad Boulevard. The traffic control plans shall clearly show the PCMS’ locations. The PCMS shall warn motorists of the work one (1) week prior to start of the work and for the entire duration of the work.
ADD
the following section:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 177 of 306 206-7.3.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.
Lamp
matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities.
Mat
rix signs not utilizing lamps shall be either internally or externally illuminated at night.
The c
ontroller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre- programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated.
The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet.
ADD
the following section:
206-7.3.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration.
ADD
the following section:
206-7.3.4 Measurement and Payment. The cost for PCMS shall be included in the bid item Traffic Control and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made.
ADD
the following section:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
ADD
the following section:
206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold- roll-formed steel conforming to ASTM Designation A -446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 178 of 306 punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16”) holes on 25 mm (1”) centers.
ADD
the following section:
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, - 0.13 mm (+0.011”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner.
Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16” in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner -welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the corner. Using 10- gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus
3.2 mm in 6.1 m (1/8” in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
TAB
LE 206-8.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
Nominal Outside
mm
Dimensions
(inches)
Outside Tolerance for
mm
All Sides at Corners
(inches)
25 x 25 (1 x 1) 0.13 0.005
32 x 32 (11/4 x 11/4) 0.15 0.006
38 x 38 (11/2 x 11/2) 0.15 0.006
44 x 44 (13/4 x 13/4) 0.20 0.008
51 x 51 (2 x 2) 0.20 0.008
56 x 56 (23/16 x 23/16) 0.25 0.010
57 x 57 (21/4 x 21/4) 0.25 0.010
64 x 64 (21/2 x 21/2) 0.25 0.010
51 x 76 (2 x 3) 0.25 0.010
TAB
LE 206-8.2(B)
LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST
Nominal
Outside
mm
Dimension
(Inches)
Squar
mm
eness(1)
(Inches)
Twist Permissible
mm(2)
in 900 mm (3”)
(Inches)(2)
25 x 25 (1 x 1) 0.15 0.006 1.3 0.050
32 x 32 (1-1/4 x 1-1/4) 0.18 0.007 1.3 0.050
38 x 38 (1-1/2 x 1-1/2) 0.20 0.009 1.3 0.050
44 x 44 (1-3/4 x 1-3/4) 0.25 0.010 1.6 0.062
51 x 51 (2 x 2) 0.30 0.012 1.6 0.062
56 x 56 (2-3/16 x 2-3/16) 0.36 0.014 1.6 0.062
57 x 57 (2-1/4 x 2-1/4) 0.36 1.014 1.6 0.062
64 x 64 (2-1/2 x 2-1/2) 0.38 0.015 1.9 0.075
51 x 76 (2 x 3) 0.46 0.018 1.9 0.075
(1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate and noting the height that either corner on the opposite end of the bottom side is above the surface plate.
ADD
the following section:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 179 of 306 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”) diameter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type III.
ADD
the following section:
206-9.5 Relocation. All metal to metal connections shall be same material to reduce corrosion.
ADD 206-9 PORTABLE CHANGEABLE MESSAGE SIGN.
206-9.1 General.
1. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the Work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions.
2. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than
4.4 m (14.5') above the ground. After initial placement, PCMS shal l be moved from location to location as directed by the Engineer
206-9.2 Message Board.
1. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer.
The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection.
2. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities.
3. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
4. The controller shall be an all solid- state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from 1 position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. 206-9.3 Operation and Maintenance.
1. PCMS shall be furnished, placed, operated, and maintained at locations shown on the Plans, specified in this section, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the Project in accordance with the manufacturer's recommendations. When ownership is transferred to the Agency (at the end Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 180 of 306 of the job), it must be demonstrated to be in good working condition, and meet the provisions of these Specifications, including current registration. 206-9.4 Measurement and Payment.
1. The Contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the Agency at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made.
SECTION 207 – GRAVITY PIPE
207-2 REINFORCED CONCRETE PIPE (RCP).
207-2.5 Joints.
ADD the following:
1. When watertight joints are indicated on the Plans, they shall be of the rubber -gasketed type meeting the following requirements:
a) Pipe designated in the Plans as “pressure pipe” with a design hydraulic grade line at or above the soffit, or where any portion of the pipe may be intermittently subjected to ground water shall have bell and groove spigot joints with O -rings conforming with ASTM C361.
The joint shall be designed for an internal hydrostatic head of 30 feet and a test duration of 20 minutes.
b) Pipe joints for other gravity installations shall be bell and groove spigot joint with O -rings conforming with ASTM C443.
207-2.9 Basis for Acceptance.
207-2.9.1 General.
DELETE in its entirety and REPLACE with the following:
1. The basis for acceptance shall be the D -load bearing strength test, compliance with these Specifications, inspection of the pipe manufacture and inspection of the completed pipe.
SECTION 211 – MATERIAL TESTS
211-3 INFILTRATION CAPACITY TEST.
211-3.4 Infiltration Capacity.
DELETE in its entirety and REPLACE with the following:
1. Infiltration Capacity shall be calculated as follows:
a) The formula for U.S. Standard Measures shall be: IC=(V)(3,326,400)/( p)(d1)(d2)(t) inches per hour.
b) The formula for SI Units shall be: IC=(V)(14.4Xl 06)/( p)( d1 1)(d2)( t) cm per hour.
Where:
IC is Infiltration Capacity
V is the volume of water in gallons or liters
d1 and d2 are the dimensions that were determined in part 211-3.3 p is approximately 3.14159
211-6 RAP CORRECTION FACTOR.
211-6.1 General.
DELETE in its entirety and REPLACE with the following:
1. A RAP correction factor must be determined for asphalt concrete mixtures containing greater than 20 percent RAP. The RAP correction factor shall be determined in accordance Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 181 of 306 with Caltrans Lab Procedure LP-9 dated May 22, 2006. This factor shall be used in determining the combined gradation of the virgin aggregates and RAP.
SECTION 213 - ENGINEERING GEOSYNTHETICS
213-5
GEOTEXTILES AND GEOGRIDS.
ADD
the following:
Geotextile types shall be used for the applications listed in Table 213-5.2(F) Table 213-5.2(F)
GEOTEXTILE APPLICATIONS
Application of Geotextile
Type
Designation
Separation of Soil and Street Structural Section 90WS
Separation of Soil and Subsurface Aggregate Drain 180N
Reinforcement of Street Structural Section 200WS
Remediation and Separation of Soil 270WS
Reinforcement of Soil 270WS
Drainage at the Interface of Soil Structures N/A
Drainage at the Interface of Soil and Structures N/A
Rock Slope Protection Fabric for Rock Sizes Below 225 kg (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) 250N Plant Protection Covering 90N
Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6”) Wire and 3 m (10’) Post Spacing
90WS
Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencing 200WS AD
D the following section:
213-6 EROSION CONTROL SPECIALTIES.
213-6.
1 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (3/4“) crushed rock and securely tied closed.
Plastic bags are not acceptable.
213-6.2 IMPERMEABLE LINER
Impermeable liner shall be a 30-mil, single-ply, construction Polyvinyl Chloride (PVC) geomembrane material made with virgin resins and meeting the requirements of ASTM D7176. Attachment hardware shall consist of an aluminum bar with stainless steel anchor bolts and washers per the dimensions shown on the Plans.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 182 of 306 SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
214-6
PAVEMENT MARKERS
214-6.1 Types of Markers.
ADD the following section:
h) Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214- 5.1(A), or equal thereto.
TAB
LE 214-6.1.1
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor
TOM- Temporary Overlay
Markers
Davidson Traffic Control Products, 3110 70 th Avenue East, Tacoma, WA 98424, (877) 335-4638
AD
D the following section:
214-8 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans.
Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20.
Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto.
TAB
LE 214-8.1.1
REFLECTIVE CHANNELIZER
Type Manufacturer of Distributor
Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100
Chicago, IL 60602
(800) 537-8958
Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC 605 Bob Gifford Boulevard
Early Branch, SC 29916
(800) 648-7916
Repo "The Replaceable Post" Western Highway Products
10680 Fern Avenue
Stanton, CA 90680
(800) 854-3360
The Cont
ractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2 -5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 183 of 306 SECTION 216 – PRECAST REINFORCED CONCRETE BOX
216-4 TESTING REQUIREMENTS.
216-4.2.2 Acceptance.
DELETE the first paragraph and REPLACE with the following:
1. When the average compressive strength of all cylinders tested is equal to or greater than the specified compressive strength of the PCC, and not more than 10 percent of the cylinders tested have an average compressive strength less than 90 percent of the specified compressive strength, and no cylinder tested has a compressive strength less than 85 percent of the specified compressive strength, the lot will be accepted.
SECTION 217 – BEDDING AND BACKFILL MATERIALS
217-1 BEDDING MATERIAL.
217-1.1 General.
ADD the following:
1. Bedding for pressure pipe of any material shall conform with the City of Carlsbad Engineering Standards, Volumes 2 and 3.
217-1.2 Bedding Material for Plastic Pipe.
DELETE the second paragraph and REPLACE with the following:
1. For HDPE, PVC solid wall, and PE solid wall pipe in gravity applications, the bedding material shall be crushed rock conforming to the requirements shown in Table 217- 1.2 unless otherwise specified or shown on the Plans.
217-2 TRENCH BACKFILL.
217-2.1 General.
DELETE TABLE 217-2.1 and REPLACE with the following:
TABLE 217-2.1
Zone Zone Limits Max. Rock Size
(greatest dimension)
Sand Equivalent
(Excluding Rock)
Backfill Zone From subgrade to
12” (300 mm) above
top of pipe or conduit
4” (150 mm) Not less than 20 unless
otherwise shown on the
Plans or specified in the
Special Provisions.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 184 of 306
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CO
NSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. ADD the following to the third paragraph:
During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor.
ADD th
e following:
Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. Prior to any demolition and removal, Contractor shall sawcut existing improvements to neat, clean lines as shown on the Demolition Plans.
Contr
actor shall perform, at a minimum, those sawcuts identified as “Sawcut” on the Demolition Plans and as directed by the Engineer. All sawcuts by the Contractor shall be considered included in the lump sum price paid for “Clearing and Grubbing” and the various bid items and no additional compensation shall be allowed therefor.
The Contr
actor shall prevent sawcut slurry discharges to gutters, storm drains, and watercourses.
The Contractor shall shovel, absorb or vacuum the slurry residue from the pavement or gutters and remove from the site at the end of the day or job (whichever is sooner).
DELETE the following subsection:
300-1.2 Root Pruning and Tree Trimming.
300-1.3 Measurement.
DELETE in its entirety and REPLACE with the following:
1. Clearing and grubbing, if measured for payment, will be measured by the acre or lump sum. 300-1.4 Payment.
Modify as follows:
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 185 of 306 Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made.
Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION.
300-2.
1 General.
ADD the following:
Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.
2.1 General.
ADD the following:
Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300- 4 of the specifications except that section 300 -4.9, Measurement and Payment, shall not apply.
AD
D the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1.
300-2.
2.4 Instability of Cuts. The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300 -
2.2.1. Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 186 of 306 300-2.5 Slopes.
ADD the following:
The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25’) of the locations shown on the plans.
300-2.
5 Slopes.
ADD the following after the first sentence of the first paragraph:
A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.
6 Surplus Material.
ADD the following:
The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets.
300-2.
9 Payment.
ADD the following:
Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3- 3 EXTRA WORK of the specifications.
Pay
ment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents.
300-2.
9 Payment.
SUBSTITUTE the following:
Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections.
Unclassified fill, slope rou nding, all work incidental to Section 300 -4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore.
When
required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefore.
AD
D the following section:
300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 187 of 306 grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC.
300-3
STRUCTURE EXCAVATION AND BACKFILL
300-3.
1 General. ADD the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter.
Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer. 300-3.
7 Payment.
ADD the following:
Dewatering shall be paid for as an incidental to unclassified excavation and no additional compensation will be made therefore.
300-4
UNCLASSIFIED FILL
300-4.
2 Preparation of Placement Areas.
ADD the following:
Except as provided in section 300- 4.7, “Compaction”, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91.
300-4.
5 Placement.
ADD the following:
The Contractor shall perform grading such that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3’) of fill placed in the roadway.
The C
ontractor shall break rock encountered in the excavation into particles of less than 75 mm (3”). Particles with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18”) shall not be incorporated into the fill. Rock exceeding 150 mm (6”) in diameter shall not be placed in the upper 900 mm (3’) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 188 of 306 Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock.
300-4.
6 Application of Water.
ADD the following:
The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91.
300-4.
7 Compaction.
ADD the following:
The Contractor shall compact all fill soils placed within the top 1 m (3’) of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6”) shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.
8 Slopes.
ADD the following:
Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep’s foot roller at vertical intervals no greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion.
300-4.
9 Measurement and Payment.
DELETE in its entirety and REPLACE with the following:
The following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a part of unclassified excavation, and no additional payment will be made therefore.
300-4.
10 Payment.
DELETE in its entirety and REPLACE with the following:
Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-5
BORROW EXCAVATION.
ADD the following section:
300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1(A) and the following requirements. Rock included in the top 1 m (3’) of imported borrow shall be particles of less than 75 mm (3”). Rock included below the top 1 m (3’) of imported borrow shall be particles of less than 150 mm (6”).
TABLE 300-5.2.1(A)
IMPORTED BORROW PROPERTIES
Tests Test Method No. Requirements
R-Value Calif. 301 40 Min.
Expansion Index UBC Standard 18-2 10 Max.
Plasticity Index ASTM D 424 4 Max.
Sieve Analysis ASTM D 422 Percent Passing 75 (No. 200) 15 Max.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 189 of 306 300-9 GEOTEXTILES FOR EROSION CONTROL.
Modify as follows:
300-9
GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL.
ADD the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work.
ADD
the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the “ Stormwater Best Management Practices Handbook, Construction” , December 2019 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the “ Stormwater Best Management Practices Handbook, Construction”, December 2019 edition on the project site and shall conduct its operations in conformity to said Handbook.
Tempor
ary erosion control measures provided by the Contractor shall include, but not be limited to, the following:
a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures.
These measures shall include, but shall not be limited to, methods shown on the plans and described herein.
ADD
the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore.
Federal Aid Project No: CPFCDSL 5308(025) C ontract No. 4015 Page 190 of 306 ADD the following section:
300-13 STORM WATER POLLUTION PREVENTION PLAN
300-13.
1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the “SWPPP,”. The SWPPP shall conform to the requirements of the “Greenbook” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction (“Handbook”), the requirements of the Permit, the requirements in the plans and these supplemental provisions.
300-13.
1.1 SWPPP Document
Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3.3 of these Special Provisions.
Contractor will be provided the digital format for SWPPP to com plete required sections.
If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed.