Carlsbad City Council
October 6, 2026

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 nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time 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 (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this 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) of 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.

(b) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or judgments:

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(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.

5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10. 2-10.1.2 Claim Certification Submittal.

1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both, submit with the Claim an affidavit certifying the following:
a. The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim. b. The amount Claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes the Contractor is entitled. c. All supporting costs and pricing data are current, accurate, and complete to the best of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item of Work.
d. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind the Contractor.
2-10.1.3 Agency’s Final Determination.

1. If the Contractor disagrees with the City Manager or Executive Manager’s final determination, as described in 2 -10.1.1(1-2), Contractor must notify the Engineer in writing of the Contractor’s objection within 15 Working Days after receipt of the written determination and file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.”

2. Failure to give notice of objection within the 15 Working Days period shall waive the Contractor’s right to pursue the Claim.
2-10.1.6 Mandatory Assistance.

1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services provided under the Contract, upon the Agency’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s assistance inclu des, but is not limited to the following:
a. Providing requested documents in a timely manner.
b. Providing professional consultations.
c. Attending mediations, arbitrations, depositions, trials, or any event related to the dispute resolution and litigation.
2-10.1.6.1 Compensation for Mandatory Assistance.

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1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 2 -10.1.6, “Mandatory Assistance” as Extra Work.

2. The Engineer will determine whether these fees and expenses were necessary due to the Contractor’s conduct or failure to act.

3. If the Engineer determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the Contractor’s conduct or the Contractor’s failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments made for these fees and expenses.

Reimbursement may be through any legal means necessary, including the Agency’s withholding of the Contractor’s payment.

ADD 2-10.2 Dispute Resolution Process
2-10.2.1 Mandatory Non-binding Mediation.

1. If a dispute arises out of or relates to the Contract, or the breach of it, and if the dispute cannot be settled through those procedures described in Section 2 -10.1.1, the parties must attempt to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse in a court of law.

2. To initiate mediation, the initiating party shall serve a Request for Mediation at the American Arbitration Association (AAA).
2-10.2.2 Mandatory Mediation Costs.

1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise.
2-10.2.3 Selection of Mediator.

1. A single mediator, knowledgeable in construction aspects and acceptable to both parties, shall be used to mediate the dispute.

2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees, a copy of requested mediators marked in preference order, and a preference for available dates.

3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following:
a. A copy of the list of the preferred mediators listed in preference order after striking any mediators to which they have any objection. b. A preference for available dates.
c. Appropriate fees.

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4. If the parties cannot agree on a mediator, then each party shall select a mediator and those mediators shall select the neutral third party to mediate the matter. 2-10.2.4 Conduct of Mediation Sessions.

1. Mediation hearings shall be conducted in an informal manner and discovery shall not be allowed.

2. Discussions, statements, or admissions shall be confidential to the proceedings and shall not be used for any other purpose regarding the party’s legal position. The parties may agree to exchange any information they deem necessary.

3. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses, or expert(s) present. Either party may request a list of witnesses and notifications of whether attorney(s) shall be present.

4. Any resulting agreements from mediation shall be documented in writing. Mediation results and documents, by themselves, shall be “non -binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.

ADD 2-10.3 Governing Law & Forum for Litigation.

1. This Contract shall be governed by and construed in accordance with the laws of the State of California. Any lawsuits, at law or in equity, between the parties arising out of this Contract shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to venue, the parties agree that this Contract is made in and will be performed in the County of San Diego. The parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

ADD 2-10.4 Pre-judgment Interest.

1. The parties stipulate that if a judgment is entered against a party for breaching this Contract, the pre-judgment interest shall be 2% per annum.

SECTION 3 – CONTROL OF THE WORK
3-2 SELF-PERFORMANCE
ADD the following:

1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work amounting to at least 50 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discr etion 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 Contractor, or prime Contractor, shall

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be entitled to a public hearing before the Board and shall be notified 10 Calendar Days in advance of the time and location of the hearing. The determination of the Board shall be final. 3-3 SUBCONTRACTORS
ADD the following:

1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the work being performed by the Contractor’s Subcontractor.

2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration of the Contract and in any attached supplemental agreements.

3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute.

4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agency any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed.

5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.

6. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer.

7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the Work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the Work to be so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid. 3-4 AUTHORITY OF THE ENGINEER
ADD the following:

1. The Engineer shall be the single point of contact and shall be included in all communications between Contractor and any Agency representative.

3-5 INSPECTION
ADD the following:

1. Contractor shall make available to the Engineer accurate books and accounting records regarding all its activities. Contractor shall contractually require all Subcontractors to this Contract to do the same. The Engineer shall have access to the Contractor’ s, and any Subcontractors documents described in this Section 3 -5(1) within San Diego County . The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractor’s performance pursuant to this Contract. The Engineer’s monitoring, assessments, and evaluations will include, but shall not be limited to, audits, insp ection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff

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of all Subcontractors to this Contract. 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. Contractor shall also 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. Any inspection described in this Section 3 -5(1) shall occur as often as the Engineer deems necessary and during normal business hours. However, any such inspection shall 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. The Agency may utilize consultants to assist the Engineer during construction in observing the Contractor’s performance. The consultant shall be the Agency’s Representative on the Site assisting the Engineer and must not be confused with a building inspector with the Agency or with a Special Inspector.

3. The Agency may utilize a Special Inspector for inspection of specialty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or tests reveal non -compliance with the requirements of the Contract Docum ents, the Contractor shall pay for all corrective measures deemed necessary by the Engineer and also pay the cost of the Agency’s subsequent re-inspection and re-testing.

4. Inspections required by codes or ordinances are the Contractor’s responsibility.

5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility.

Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice shall be given for offsite inspect ions. The Contractor shall wait until the Engineer has responded and agreed to Contractor’s schedule before scheduling test or inspections.

6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents (other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents.

7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary.

8. Contractor shall remove and replace any items of Work performed without the required permit or inspection. For required subsequent inspection, the Contractor shall remove and replace Work at the discretion of Engineer at no additional cost to the Agency. I nspection of the Work does not relieve the Contractor of full compliance with the Contract Documents.

9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by the Contract Documents, the Engineer’s prior written request, or by other agencies. If any item of Work is done prior to obtaining the required approvals when reque sted by the Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon successful completion of the inspection, testing, or approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indire ct costs and damages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the Engineer and any other affected

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agencies written notice of the Contractor’s intention to cover the Work and the Engineer has not acted in response to such notice.

10. When specified, Contractor shall make arrangements for tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Engineer, or with the appropriate public authority. The payment for such tests, inspections, and approvals are included in the Contract Price.

11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If inspections or tests reveal non -compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessar y by the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing.

12. 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.

3-6 THE CONTRACTOR’S REPRESENTATIVE
ADD the following:

1. Both the representative and alternative representative shall be the Contractor’s employees and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in writing.

2. The Contractor’s Project team shall attend scheduled construction meetings as required by the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If the Contractor does not provide the required notification, the Contractor shall pay for the costs of the Agency’s staff, consultants, or both that attended. The Contractor shall be charged a minimum of 2 hours of the attendee’s time.

3. The payment for the Contractor’s attendance at Project meetings is included in the Contract Price. The Engineer shall deduct costs assessed to the Contractor for not attending the meetings from the monthly progress payment via Change Order. 3-7 CONTRACT DOCUMENTS
3-7.1 General.

ADD the following:

1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s convenience. These divisions are not for the purpose of apportioning the Work or responsibility for the Work among Subcontractors and Suppliers.

2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result whether or not it is specifically called for, at no additional cost to the Agency.

3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or, if there are no replacement documents, the last version of the document b efore it was discontinued.

4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify

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dimensions and quantities by taking measurements in the field. The Contractor shall be responsible for their accuracy.

5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

6. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

7. 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 specif ied in the Specifications, shall be as though shown on or specified in both.

8. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid.

9. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor.

3-7.2 Precedence of the Contract Documents.

DELETE in its entirety and REPLACE with the following:

1. If there is a conflict between any of the Contract Documents, the document highest in the order of precedence, and most recent in edition, shall control. The order of precedence, from highest to lowest, shall be as follows:
a. Permits (issued by jurisdictional regulatory agencies including environmental documents).
b. Change Orders and supplemental agreements; whichever occurs last. c. Contract Addenda, whichever occurs last.
d. The signed written Contract.
e. City of Carlsbad General Provisions (00 73 00)
f. Technical Specifications
g. City of Carlsbad Supplemental Provisions (00 74 00)
h. Project Plans
i. The plan set is designated as City of Carlsbad Drawing No. 549-4A and consists of 43 sheets.
i. Standard Plans
i. City of Carlsbad Standard Drawings.
ii. Carlsbad Municipal Water District Standard Drawings. iii. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
iv. San Diego Standard Regional Standard Drawings.
v. Traffic Signal Design Guidelines and Standards.
vi. State of California Department of Transportation Standard Plans. vii. California Manual on Uniform Traffic Control Devices (CA MUTCD). j. “Greenbook” (Standard Specifications for Public Works Construction).

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k. Reference Specifications.
l. Manufacturer’s Installation Recommendations

2. When additional small business/minority/women -owned/veteran or other special requirements by funding sources are included in the Contract Documents, the funding source’s requirements shall govern.

3. When a conflict exists between the ADA requirements of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall be followed.

ADD: 3-7.3 Red-lines and Record Documents.
3-7.3.1 General.

1. 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. The Contractor shall keep the Red -lines current with entries checked by the Engineer before the Work is covered. Contractor’s failure to update and deliver Red -lines information monthly to the Engineer for review and approval may result in the withholding of monthly progress payments.

3. The Contractor shall note the source identification, such as RFI numbers and Change Order numbers, as required identifying the source of the change to the Contract Documents.

4. The Contractor shall deliver the Red -lines to the Engineer upon completion of the Construction Work.

5. The Contractor shall legibly annotate a full -size set of Plans daily, in red ink, to record additions, deletions or changes to the Work and changes in location, elevation or character of the Work not otherwise shown or noted in the Contract Documents. This “redline” set of drawings shall be kept on the Job Site, shall be used only as a record set .

Contractor shall immediately give written notice of any conflicts between these documents to the Engineer.

6. The draft final red line set shall be submitted to the Engineer within five (5) Calendar Days of the final walk-through meeting. The Contractor shall review the redline changes with the engineer during this meeting. The engineer will provide submittal review transmittal noting if the red line set has been accepted or requires revision. The Contractor shall revise per the requested c hanges and corrections noted and resubmit within ten (10) calendar days upon receipt of the submittal review transmittal.

7. As-built information shall represent field measurements, approved Shop Drawings, Working Drawings, samples, product data, and other pertinent data discovered during the performance of the Work. The Contractor shall note the source of the change such as RFI or Change Order numbers, as required. The Contractor shall clearly record additions or changes in the Work and depth of underground facilities by dimensioning from 2, known, fixed points.

8. Payment for Record Drawings and Documents shall be included in the various Bid items and no additional payment will be made therefore.
3-7.3.2 Asset Specific Red-lines.

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1. Irrigation System Red -lines: Red-lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and shall be marked in red at the scale of the Plan sheet on which they are recorded. Red -lines shall show any changes to the Plans for the equipment locations and associated information for the following:
a. Potable water mainline and size
b. Water Meter - Size, type of water (potable or reclaimed), and water meter address.
c. Backflow Device - Size, available static pressure in psi, the psi and flow in gallons per minutes for which the irrigation system is designed, and device serial number. d. Master Control Valve.
e. Flow Sensor.
f. Pressure Regulator Valve.
g. Isolation Valves.
h. Remote Control Valves - Size, irrigation controller, valve station number, and flow demand in gallons per minute.
i. Quick Coupling Valves and Size.
j. Electrical Meter, including meter address.
k. Remote Control Valve Wiring.
l. Communication Cables.
m. Pull Boxes.
n. Rain Shut Off Switch.
o. Electrical lines from electrical meter to irrigation controller, including the power disconnect switch.
p. Irrigation Mainline and Size.
q. Irrigation Lateral Line and Size.
r. Irrigation Sleeves and Size.
s. Irrigation Controller - Location, number of stations, identifying call-out. t. Irrigation sprinkler heads which have been added or deleted from the approved Plans. Changes in manufacturer nozzle size shall be noted on the red -lined Drawings including operating pressure, gallons per minute, and radius of throw.

2. Re-vegetation Red-lines:
a. Within 4 weeks of the end of the Plant Establishment Period, as determined and accepted by the Project Biologist or Landscape Architect, furnish and submit to the Engineer 1 full scale Red -lines set showing field changes to grade, erosion control, and seeding for the re-vegetated areas.

3. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following:
a. Horizontal and vertical bends
b. Changes in pipe material or pressure class
c. Isolation valves
d. Insulating joints
e. Blow off valves by stationing and offsets.
f. Air vacuum valves by stationing and offsets.

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g. Water and recycled water meter boxes replaced.
h. Water sampling stations
i. Cathodic test stations
j. Locations of all sewer laterals and cleanouts.
k. Items abandoned in place following dewatering operation.

4. Building Red -lines: Building Red -lines shall show any changes from the Plans for the following:
a. Location by dimension and the depth by elevation of underground lines, valves, plugged tees, and capped ends.
b. By dimension or scale Plans, wiring, conduits, and pull boxes as installed. c. Information necessary to maintain and service concealed items of Work. d. Dimensional changes to the Drawings.
e. Revisions to details shown on the Drawings.
f. Depths of foundations below the first floor.
g. Locations and depths of underground utilities.
h. Revisions to the routing of piping and conduits.
i. Revisions to electrical circuitry.
j. Actual equipment locations.
k. Duct size and routing.
l. Locations of concealed internal utilities.
m. Changes made by Change Orders.
n. Details not shown on original Plans.

5. Traffic Signals and Street Lighting:
a. The Contractor shall provide the Engineer with a cable route diagram indicating the actual cable route and meter marks for all intersections, directional change points in the cable routing, and all termination points. The Contractor shall record these points during cable installation, provide cable system Red-lines showing the accurate cable route to the Engineer, and record information such as the location of slack cable and its quantity in the cable route diagram. b. The Contractor shall provide 3 copies of D-Sheet sized Red-lines.

6. SWPPP:
a. Upon completion of construction, the Contractor shall submit the SWPPP and all its appendices, records, reports, maps and records of permanent BMPs to the Engineer with the Red-lines.

7. Fiber Optic and Wi-Fi Device Red-lines: Fiber Optic and Wi-Fi Device Red-lines shall clearly record by dimension from 2 known fixed points and by depth of underground facilities all deviations, modifications, and changes in the Work. Records, deviations, modifications, and changes on the day the Work is performed shall reflect the actual Work location and shall be marked i n red at the scale of the Plan sheet on which they are recorded. Red - lines shall show the equipment locations and associated information for the following:
a. Locations and depths of underground utilities.
b. Revisions to the routing of piping and conduits.
c. Actual equipment locations.
d. Pull Boxes.

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e. Electrical Meter, including meter address.
f. Items abandoned in place.
3-7.3.3 Payment.

1. The payment for Red-lines Drawings shall be included in the Contract Price.

ADD 3-7.4 Measurement and Dimensions.

1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. Contractor shall be responsible for their accuracy. 3-8 SUBMITTALS
3-8.1 General
Add the following:
a. Shop Drawings and engineering data (submittals) covering all equipment and all fabricated components and building materials which will become a permanent part of the Goods and Special Services under this Contract shall be submitted to Engineer for review, as required.

Submittals shall verify compliance with the Contract Documents and shall include Drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and the operation of component materials and devices; the external connections, anchorages, and supports required; the performance characteristics; and dimensions needed for installation and correlation with other materials and equipment.
b. Each submittal shall cover items from only one section of the specification unless the item consists of components from several sources. Contractor shall submit a complete initial submittal including all components. When an item consists of components fro m several sources, Contractor's initial submittal shall be complete including all components. c. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each copy of all submitt als, regardless of origin, shall be stamped or affixed with an approval statement of Contractor. Each submittal shall indicate the intended use of the item in the Goods and Special Services. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data.
d. Contractor shall be solely responsible for the completeness of each submittal. Contractor's stamp or affixed approval statement of a submittal, is a representation to Engineer that Contractor accepts sole responsibility for determining and verifying all qu antities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Contractor has reviewed and coordinated each submittal with the requirements of the Goods and Special Services and the Contract Documents.
e. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes pro posed by Contractor

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(including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams.
f. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades.
g. For electronic submittals, drawings and the necessary data shall be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is required for the review of the submittal. All electronic files shall be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generated. PDF images must be at a readable resolution. For most documents, they should be scanned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these images so that text can be searched, selected and copied from the generated PDF file. The PDF documents shall have a bookmark created i n the navigation frame for each major entry (“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The opening view for each PDF document shall be as follows:

1. Initial View: Bookmarks and Page

2. Magnification: Fit In Window

3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left.

The first bookmark shall be linked to the Table of Contents.

PDF document properties shall include the submittal number for the document title and the Contractor’s name for the author.
h. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required for a submittal the least number of files possible shall be created. i. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments through the Engineer’s (Consulting Engineer’s) Project website accessible through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract.
j. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades.

3.8.1.2 Resubmittal of Drawings and Data

1. Contractor shall accept full responsibility for the completeness of each resubmittal.

Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal.

2. When corrected copies are resubmitted, Contractor shall direct specific attention to all revisions in writing and shall list separately any revisions made other than those called for by Engineer on previous submittals. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter

00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: January 2026

(A, B, etc.) or a unique identification that indicates the initial submittal and correct sequence of each resubmittal.

3. If more than 1 resubmittal is required because of failure of Contractor to provide all previously requested corrected data or additional information, Contractor shall reimburse Agency for the charges of Engineer for review of the additional resubmittals. T his does not include initial submittal data such as shop tests and field tests that are submitted after initial submittal.

4. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the material to be modified or corrected, unless within 14 Calendar Days Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time.

5. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work authorized by a Chan ge Order or failure of Engineer to review and return any submittal to Contractor within the specified review period. 3-8.1.3 Color Selection
a. Contractor shall submit samples of colors and finishes for all accepted products before Engineer will coordinate the selection of colors and finishes with Agency. Engineer will prepare a schedule of finishes that include the colors and finishes selected fo r both manufactured products and for surfaces to be field painted or finished and will furnish this schedule to Contractor within 60 Calendar Days after the date of acceptance of the last color or finish sample.
3-8.1.4 Operations and Maintenance Data and Manuals

1. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment supplier shall prepare a Project specific operation and maintenance manual for each type of equipment indicated in th e individual equipment sections or the equipment schedule.

2. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the individual equipment sections or the equipment schedule.

3. Operation and maintenance manuals shall include the following:
a) Equipment function, normal operating characteristics, and limiting conditions. b) Assembly, installation, alignment, adjustment, and checking instructions. c) Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions.
d) Lubrication and maintenance instructions.
e) Guide to troubleshooting.
f) Parts lists and predicted life of parts subject to wear. g) Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. h) Test data and performance curves, where applicable.

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4. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor.

5. Manuals shall be submitted in electronic format to the Engineer prior to the date of shipment of the equipment. The manuals shall be submitted and the Engineer’s review comments retrieved, through the Project website accessible through the Internet. Instr uction on procedures for posting and retrieving O&M submittals and review comments will be provided after award of the Contract. When the O&M manuals are reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instructed by the Engineer or Con sulting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on CD-ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 30 Calendar Days prior to placing the equipment in operation.

6. All material shall be marked with Project identification, and inapplicable information shall be marked out or deleted.

7. Shipment of equipment will not be considered complete until all required manuals and data have been received.
3-8.1.5 Electronic Operations and Maintenance Manuals

1. Electronic manuals shall be in Adobe Acrobat’s PDF and shall be prepared at a resolution between 300 and 600 dpi, depending on document type. OCR capture shall be performed on these documents. OCR settings shall be performed with the “original image with hidden text” option in Adobe Acrobat Exchange.

2. File size shall be limited to 10 MB. When multiple files are required the least number of files possible shall be created. File names shall be in the format OMXXXXX -YYYZ-V.pdf, where XXXXX is the 5-digit number corresponding to the specification section, YYY is a 3-digit O&M manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc, and V is a number used only when more than one 10 MB file is required for an O&M manual.

3. Documents prepared in PDF format shall be processed as follows:

Pages shall be searchable (processed for optical character recognition) and indexed when multiple files are required.
a) Of material to update the manual provided by the manufacturer. Pages shall be rotated for viewing in proper orientation.
b) A bookmark shall be provided in the navigation frame for each entry in the Table of Contents.
c) Embedded thumbnails shall be generated for each completed PDF file. d) The opening view for PDF files shall be as follows:
e) Initial View: Bookmarks and Page
f) Page Number: Title Page (usually Page 1)
g) Magnification: Set to Fit in Window
h) Page: Single Page

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i) Where the bookmark structure is longer than 1 page, the bookmarks shall be collapsed to show the chapter headings only.
j) When multiple files are required the first file of the series (the parent file) shall list every major topic in the Table of Contents. The parent file shall also include minor headings bookmarked based on the Table of Contents. Major headings, whose content is contained in subsequent files (children) shall be linked to be called from the parent to the specific location in the child file. The child file shall contain bookmark entries for both major and minor headings contained in the child file. The first bookmark of any child file shall link back to the parent file and shall read as follows "Return to the Equipment Name Table of Contents," e.g., Return to the Polymer Feed System Table of Contents.
k) Drawings shall be bookmarked individually.
l) Files shall be delivered without security settings to permit editing, insertion and deletion.
3-8.1.6 Labeling
a. At a minimum, the following information shall be included on all final O&M manual materials, including thumb drives and hard copy manuals:
a) Equipment name and/or O&M title spelled out in complete words. b) Project Name.
c) Agency Project/Contract Number.
d) Specification Section Number. Example: “Section 15 55 00” e) Manufacturer’s name.
f) File Name and Date.

3-8.2 Working Drawings.

ADD the following:

1. Working Drawings shall be submitted electronically to the Agency.

DELETE Table 3-8.2 in its entirety and REPLACE with following:

Item Section/
Drawing
No.

Title Subject
1 3-12.5.2 Sewage Bypass and Pumping
Plan
Sanitary Sewers
2 3-12.8.2 Dewatering Plan Water Pollution Control
3 5-7.2.2 Shoring Plan Safety
4 300-3.2

Cofferdams Structure Excavation & Backfill
5 303-1.6.1 General Falsework
6 303-1.7.1 General Placing Reinforcement
7 303-3.1 General Prestressed Concrete Construction
8 304-1.1.2 Falsework Plans Structural Steel

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9 306-8.8
SDW-
154*
Valves, Hydrants, and
Appurtenances
Water Valve Bypass Details for
Mainlines 16-Inch and Larger
10 306-8.8.3 Thrust Blocks and Anchor
Blocks
Unless specified otherwise, design of all
size water main thrust blocks and
anchor blocks
11 307-1.1

General Jacking Operations
12 307-2.1

General Tunneling Operations
13 308-3 Submittals Microtunneling
14 601-2.1.2 Engineered Traffic Control Plan
(TCP)
Temporary Traffic Control for
Construction and Maintenance Work
Zones
15 1001-3 Storm Water Pollution
Prevention Plan (SWPPP)
Water Pollution Control
16 1001-4 Water Pollution Control Plan
(WPCP)
Water Pollution Control
* Note: The distance dimensions shown between the bypass pipes and the mainlines are subject to change to field conditions.

Items listed in Table 3-8.2, except for items 1, 2 and, 5, shall be prepared by a Civil or Structural Engineer registered by the State of California. Item 15 shall be prepared by a Qualified SWPPP Developer (QSD) in accordance with 1001 3, “Storm Water Pol lution Prevention Plan (SWPPP).” Item 16 shall be prepared in accordance with 1001-4, “Water Pollution Control Plan (WPCP).” 3-8.3 Shop Drawings.

ADD the following:

1. Shop Drawings shall be submitted electronically to the Agency.

2. Additional Shop Drawings may be required by the Special Provisions and technical specifications.

DELETE Table 3-8.3 in its entirety and REPLACE with following:

TABLE 3-8.3
Item Subsection Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe
2 207-8.4 Joints Vitrified Clay Pipe
3 209-2.2.2 Shop Drawings Steel Pipe and Fittings
4 216-1 General Precast Reinforced Concrete Box
5 218-1 General Precast Vault
6 304-1.1.1 Shop Drawings Structural Steel
7 304-2.1 General Metal Hand Railings

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3-8.4 Supporting Information.

ADD the following:

1. The Contractor shall submit samples of the materials with cut sheets of the products. The Contractor shall organize cut sheets for review and approval by the Engineer prior to use on the Project and identify deviation from any of the specified material cle arly, including cut sheets and samples of both the specified material and basis for the substitution. Included should be the Agency’s Project Name, Project Number, and the Engineer’s name, Contractor Name, and Submittal Number and clearly indicate the specific product to be used.

2. When photos of material are required, they shall be clear in resolution, identify the specific item for review, and shall indicate the name of the item, source, and date taken. The material shown in the photo shall be currently available for use on the Project.

3. For landscaping and irrigation materials, the Contractor shall submit samples and test results to the Engineer within 15 Working Days of the Notice to Proceed.

4. Test sections (“Mock ups”) of materials as required in the Special Provisions shall be accepted by the Engineer before proceeding with the Work.

5. 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 10 Calendar D ays of completion of the Work. Payment for performing the Work required by Section 2-5.4 shall be included in the various Bid items and no additional payment will be made therefore.
3-10 SURVEYING
DELETE this Section in its entirety and replace with the following:
3-10.1 Permanent Survey Markers.

The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced 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 appr ove otherwise.

Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer.

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3-10.2 Survey Service.

The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surv eying 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. 3-10.2.1 Submittal of Surveying Data.

All surveying data submittals shall conform to the requirements of Section 3 -8, “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 fiel d notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data shall be clear and complete.

Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right -of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 3-10.2.2 Survey Requirements.

Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 3-10.2.2(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

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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. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others.

TABLE 3-10.2.2(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

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Feature Staked Stake
Description 
Centerline or Parallel to Centerline Spacing,  Lateral Spacing , 
Setting Tolerance
(Within)
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
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

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Feature Staked Stake
Description 
Centerline or Parallel to Centerline Spacing,  Lateral Spacing , 
Setting Tolerance
(Within)
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

1. 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.

2. 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.

3. Perpendicular to centerline.

4. Some features are not necessarily parallel to centerline but are referenced thereto.

5. Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature.

6. > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol.

7. 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 3-9.2.2(B)

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TABLE 3-10.2.2(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.

3-10.3 Private Engineers.

Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer.
3-10.4 Line and Grade.

All work shall conform to the lines, elevations, and grades shown on the Plans.

Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work.

Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench.
3-10.5 Payment for Survey.

Payment for work performed to satisfy the requirements of Sections 3-10.1 through 3-10.4 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 necessitatin g the disturbance of said monuments and no additional payment will be made.

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3-11 CONTRACT INFORMATION SIGNS
ADD the following:

Signs shall not be posted until approved by the Engineer. The Contractor shall complete and submit a Review for Sign Permit (form P-11), available at:

https://www.carlsbadca.gov/departments/community-development/permit- center/applications-and-forms/planning-submittals-forms 3-12 WORK SITE MAINTENANCE
3-12.1 General.

ADD the following:

1. Maintain Site improvements including any temporary facilities, equipment, or other materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 - PROTECTION AND RESTORATION.

2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit stating that all brush, trash, debris, and surplus materials resulting from this Project have been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility.

3. The Contractor shall provide and maintain enclosed toilets for the use of their employees.

Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health a nd sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility.

4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility.

5. 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, by the SWPPP and/ or BMP plan. Such dams shall be removed from the Site as soon as their use is no longer necessary.

6. Work Site maintenance shall be conducted on non -workdays when increased levels of maintenance are deemed necessary, in the opinion of the Engineer, to preserve the health safety or welfare of the public and or to comply with applicable regulations.

7. Disposal of all rubbish and surplus materials is incidental to Work Site maintenance. Disposal shall be made off the Site and shall be in accordance with:
a. Local codes and ordinances that govern locations and methods of disposal. b. All applicable safety laws.
c. Requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction.

8. Work Site maintenance is considered incidental to the items of work that they are associated with and no additional payment will be made.

9. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the 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

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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. 3-12.2 Air Pollution Control.

ADD the following:

1. Contractor shall carry out effective measures whenever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occu pying buildings in the vicinity. Contractor shall be responsible for any damage resulting from any dust originating from Contractor’s operations. The dust abatement measures shall be continued until Contractor is relieved of further responsibility by the Engineer.

2. Contractor shall adhere to Air Pollution Control District County of San Diego regulations for equipment used on the Job Site.

3-12.3 Noise Control.

ADD the following:

1. All internal combustion engines used in the Work shall be equipped with mufflers in good repair and are subject to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter

8.48. 2. Site mustering is not allowed prior to and after the allowable working hours.

3. The following shall be implemented to control noise and vibration during construction:

Do not exceed 86 dBA Lmax at 50 feet from the job site from 9:00 p.m. to 6:00 a.m.

3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.

ADD the following:

1. Equipment and material storage shall be confined to areas approved by the Engineer.

Disposal of all rubbish and surplus materials shall be at the Contractor’s expense.

2. 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.

3. Materials shall be delivered to the Work Site only during Working Hours, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the Project name and number, address of delivery and name of consignor and a description of the material(s) shipped.

4. 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. Storage of hazardous wastes, construction equipment ma terial, and parking and fueling of equipment shall not occur in biologically sensitive areas.

5. 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 is a part of the Work. The Engineer shall have the right to verify t he suitability of materials and their proper storage at any time during the Work.

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6. 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. Restore the storage area to an equal or better condition as deemed necessary by the Engineer and at no additional cost to the Agency.

8. When required by the Engineer, 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.

9. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned.

10. Excess excavation material from catch basins or similar structures shall be removed from the Site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the Site as soon as practicable after stripping.

11. 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 because of such suspension.

12. Cleanup and dust control required in the Contract shall also be executed on weekends and other non-Working Days when needed to preserve the health safety or welfare of the public.

The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public.

Cleanup and dust control shall be considered incidental to the items of Work that they are associated with, and no additional payment will be made for them.

13. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.

14. 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 n ot 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 for them . These costs shall be considered incidental to the items of Work that they are associated with, and no additional payment will be made for them. 3-12.4.2 Storage in Public Streets.

DELETE in its entirety and SUBSTITUTE with the following:

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1. Construction materials shall not be stored in streets, roads, or highways unless approved by the Engineer.

2. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. Immediately after placing backfill, all excess material shall be removed.

3. The Contractor shall not store equipment for traffic control in right of way.

ADD 3-12.4.3 Storage and Staging Areas.

1. Storage and staging areas have been selected for the Contractor’s use during this project and are identified in Appendix A. Contractor is responsible for obtaining any permits or any other items necessary to use staging areas.

2. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not be allowed, especially in the MHPA or other biologically sensitive areas.

Ensure the fueling of vehicles occurs only within designated staging areas using appropriate catch basins and devices.

3. Return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the Agency.

4. Construction equipment shall not be stored at the Work Site before its actual use on the Work nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 3-12.6 Water Pollution Controls
3-12.6.2 Best Management Practices (BMPs).

ADD the following:

1. Contractor shall submit a BMP plan as a submittal to the Agency.

3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).

ADD the following:

1. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work within the City’s boundary by reviewing the Determination of SWPPP Tier Level and Construction Threat Level (form E-32), which may be obtained at:

https://www.carlsbadca.gov/departments/community-development/permit- center/applications-and-forms/land-development-engineering-applications-forms

2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (the Construction General Permit or CGP). The CGP and other information are available at:

https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction/ge neral_permit_reissuance.html

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3. If a SWPPP has been prepared specifically for the Project and is included as a part of the Contract Documents, the Contractor shall use the SWPPP as a baseline document and shall amend the SWPPP, with the Engineer’s approval, as necessary to include the Co ntractor’s proposed Construction Schedule, construction operations, and the Site conditions encountered or created during the Work.

4. If the Agency has not prepared a SWPPP for the Project and the Project is subject to coverage under the CGP, the Contractor shall prepare and implement the SWPPP conforming with the CGP requirements.

5. The Contractor shall comply with all requirements of the approved SWPPP and the CGP including implementation during construction by a QSP, The Contractor shall provide all information necessary for the Agency to obtain coverage under the CGP during the electronic submittal of Permit Registration Documents and supporting data necessary for the filing of the storm water Notice of Intent and Notice of Termination. The Contractor shall be responsible for conducting all monitoring and inspections and filing all reports required by and in accordance with the CGP.
3-12.6.3 .1 Storm Water Pollution Prevention Plan (SWPPP) Tier 1 or Tier 2 Project .

PROJECTS LESS THAN ONE ACRE (TIER 1 and TIER 2 or Maintenance ONLY Projects that may be over an acre)

1. Water Pollution Prevention. The Contractor shall plan for and implement temporary construction BMPs to mitigate the water quality impacts of land disturbance and non - storm water discharges related to construction activities in accordance the Agency’s current Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs are the schedules of activities, prohibitions of practices, maintenance procedures and other management practices employed during construction activities to prevent or reduce pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. § 1251 et seq. ) and the state Porter -Cologne Water Quality Control Act (Water Code, § 13000 et seq.), which include oceans, lagoons, lakes, streams and other sensitive water bodies and water courses. Construction BMPs also include physical devices and structural construction control measures designed to prevent soil erosion from occurring on the Work Site, or that are designed to prevent sediment from leaving the Work Site, both of which are referred to hereafter as “Water Pollution.” BMPs are also intended to protect the health, safety and welfare of the public and to prevent damage to adjoining public and private property resulting from construction activities.

2. Pollution prevention practices and the minimum BMPs are required during all 12 months of the year. BMPs and other erosion control practices must be implemented as the most important “first line of defense.” The Agency has adopted the CASQA ‘Stormwater Best Management Practices Handbook: Construction,’ latest edition, as its preferred source for adopting construction BMPs. All BMPs must correspond to the BMP Fact Sheets included in the CASQA Construction Handbook. With the approval of the Engineer, or designee, the Agency may accept comparable BMPs from reputable alternative sources.

As used in this section, “Engineer” shall have the same meaning as “Construction Manager.”

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3. The Contractor shall utilize the Agency’s Tier 1 or Tier 2 SWPPP templates and include all applicable elements provided in the template. The SWPPP templates are available on the Agency’s website at [ https://www.carlsbadca.gov/departments/community- development/permit-center/applications-and-forms/land-development-engineering- applications-forms]. Tier 1 and Tier 2 SWPPP templates include standard storm water prevention construction notes, a Project information block, a Storm Water Compliance Statement, Agency approval block and a BMP Checklist Table. The BMP Checklist Table is intended to help t he Contractor select appropriate BMPs best suited to the Project and the Work. Additionally, the SWPPP shall include a Site plan showing the proposed Project Site and depicting the areas of proposed construction and proposed locations of construction BMPs. The Tier 1 and Tier 2 SWPPP plans shall be submitted as additional sheets to the construction plan set.

4. The Engineer may require Contractor to adopt additional BMPs if the Engineer determines the selected BMP(s) are ineffective or incapable of preventing Water Pollution from escaping the Work site. Tier 1 and Tier 2 SWPPPs must be combined with proper and timely installation of the BMPs, thorough and frequent inspections, maintenance, and documentation. The Contractor shall ensure that the selected BMPs are appropriately incorporated into the Site design and, if required by the Engineer, must employ a qualified professional to ensure proper installation and maintenance of the BMPs.

5. The Engineer may suspend the Work, consistent with Supplemental General Provisions Section 6 -6, at the Contractor’s cost, that create Water Pollution or otherwise violate water quality standards required by the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and the state Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.) if the Engineer determines that the Contractor has failed to satisfy all requirements of this section. If the Contractor violates any provisions of this subsection, or if Water Pollution occurs in the Work Site for any reason, the Contractor shall immedi ately notify the Engineer.

6. The Contractor shall immediately notify the Agency if there is a non-stormwater discharge to the storm drain conveyance system resulting from the Work or Project-related activities. In addition, the Contractor shall, within 24 hours, submit a written report to the Engineer describing the incident and corrective actions taken. If for any reason the Engineer detects Water Pollution, before notification by the Contractor, this written report shall also include an explanation of why the Contractor had not timel y notified the Engineer.

7. Implementation Costs. Preparation, implementation and management of Water Pollution prevention activities are incidental to the items of Work and Agency shall not make additional payment to Contractor for these costs.
3-12.6.5 Payment.

DELETE in its entirety and SUBSTITUTE with the following:

1. Unless otherwise specified, payment for water pollution control, including implementation and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each item in the Bid.

Payment for dewatering shall be as specified in the Special Provisions.

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ADD 3-12.7 Vermin Control.

1. The Site and structures constructed under the Contract shall be kept 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.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.

DELETE in its entirety and SUBSTITUTE with the following:

1. The Contractor shall comply with the following prior to requesting a Pre -Final inspection of the Work and filing of a written assertion that the Work has been completed:
a. Provide completed and signed redline drawings and record documents including installation, maintenance and operation instructions, manuals and/or tools for installed equipment.
b. Provide and properly label all keys for existing facilities or new permanent work. c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities.
d. Provide all final Special Inspection reports and certifications required by equipment manufacturers to demonstrate compliance with applicable codes and standards. e. Obtain any required certifications from the Engineer of Record for permanent BMPs. f. Comply with all requirements of permits issued by jurisdictional agencies. g. Remove temporary facilities from the Site.
h. Thoroughly clean the Site and remove all mark-outs and construction staking.

2. The Agency Inspector will schedule the Pre-Final inspection within 5 Working Days of receipt of the Contractor’s request. The Inspector will generate a list of deficiencies (Punchlist) within 5 Working Days after the Pre-Final inspection.

3. The Contractor shall have 30 Working Days to correct the deficiencies and provide a written response to each Punchlist item. The Inspector will review the corrective work within 5 Working Days of receipt of the Contractor’s written response to each Punchlist item. Any outstanding deficiencies will be considered incomplete Work and the Punchlist will be returned to Contractor. Full payment will not be made for any Bid item with outstanding deficiencies and a Final Inspection will not be scheduled until all deficiencies are completed to the satisfaction of the Inspector.

4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all punch list items identified in the Pre -Final inspection(s). The request for Final Inspection will not be considered without the Contractor’s written response to the punch list items. The Inspector will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s request and invitees will include the Construction Manager, Engineer and representatives

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from agencies or utility companies having jurisdiction over the Work. The Contractor’s attendance is mandatory.

5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to prot ect and maintain the Work, and to which liquidated damages will be computed.

ADD 3-13.1.1 Requirements Before Requesting a Walk-through.

1. The following items are required prior to requesting a Walk-through:
a. Remove temporary facilities from the Site.
b. Thoroughly cleaning the Site and removing all mark outs and construction staking. c. Submit proposed red-line record drawing s in accordance with Contract Document requirements.
d. Provide all material and equipment maintenance and operation instructions and/or manuals.
e. Provide all tools which are a permanent part of the equipment installed in the Project. f. Provide and properly identify all keys for construction and all keys for permanent work.
g. Provide all final Special Inspection reports required by the applicable building code. h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use.

Verify the specified quantities.
i. Ensure that all specified equal opportunity (if applicable) and certified wage rate documentations covering the Contract Time have been submitted. j. Provide the spare parts for the proposed irrigation system as specified in the Special Provisions.

2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days prior to the issuance of the Notice of Completion.

ADD 3-13.1.2 Walk-through and Punchlist Procedure.

1. When Contractor considers that the Work and Services are complete, notify the Engineer in writing that the Project is complete and request that the Contractor and the Engineer perform a Walk -through for the generation of a Punchlist. Contractor shall request the final walkthrough at least 7 Working Days in advance.

2. The Engineer will first determine if the Project is ready for a Walk -through by verifying whether the Contractor have completed all items as required by 3 -13.1.1, “Requirements Before Requesting a Walk-through.”

3. If the Work includes sewer and storm drain installations, the inspection shall include televising in accordance with the requirements in the Contract Documents.

4. The Engineer shall facilitate the Walk-through.

5. Contractor shall make Plans, specifications, and technical data, such as submittals and equipment manuals, available at the Site for the Walk-through attendees.

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6. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the date of the Walk -through and submit it to the Contractor. The Agency shall not provide a preliminary Punchlist.

7. If the Engineer finds that the Project is not substantially complete as defined in the Contract, the Engineer will terminate the Walk-through and notify the Contractor in writing.

8. If, at any time during the Engineer’s evaluation of the corrective Work required by the Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer may include that corrective Work in the Punchlist. Contractor shall remain solely responsible for the Project Site until the Project is completely operational, all Punchlist items have been corrected, and all operation and maintenance manuals have been accepted by the Agency.

9. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation.

10. Upon acceptance of the Work, Contractor shall assemble and deliver to the Engineer all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties , except manufacturer’s standard printed warranties, shall be on a letterhead addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the Agency, to suit the conditions pertaining to the warranty. 3-13.2 Acceptance
DELETE in its entirety and SUBSTITUTE with the following:

1. Acceptance of the Work will occur after all the requirements of the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the City Manager for the City of Car lsbad or Executive Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the acceptance of t he Work by the City Manager or Executive Manager, a “Notice of Completion” will be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work. 3-13.3 Warranty.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor shall warranty and repair all defective materials and workmanship for a period of 1 year. This warranty period shall start on the date the Work was recorded by the “Notice of Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and storm drain projects). In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years.

2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance o f the Contractor’s performance of the Contract.

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4. Replace or repair defective materials and workmanship in a manner satisfactory to the Engineer after notice to do so from the Engineer and within the time specified in the notice.

If Contractor fails to make such replacements or repairs within the time spe cified in the notice, the Agency may perform the replacement or repairs at Contractor’s expense. If Contractor fail s to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost.

5. The warranty period shall be extended with respect to portions of the Work corrected under warranty. Items that shall be warrantied free from defective workmanship and materials for a period longer than 1 year are as follows:

Specified Item Minimum Warranty Period
Detectable Warning Tile
Construction
3 Years of Manufacturer’s Warranty
All Work Under SECTION 500 – PIPELINE

REHABILITATION
3 Years
Fiber Optic Interconnect Cables 2 Years
Luminaires1 10 Years of Manufacturer’s Warranty
LED Signal Modules 3 Years of Manufacturer’s Warranty
1 Provide documentation verifying that the induction luminaire models being offered for the Project are covered by the 10 -year warranty.

6. Contractor shall provide the Agency a copy of the manufacturer’s warranty for private sewer pumps, including the alarm panel and all other accessories. a. Contractor shall involve the manufacturer in the installation and startup as needed to secure any extended warranty required.
b. This section is not intended to limit any manufacturer’s warranty which provides the Agency with greater warranty rights than set forth in this section or the Contract Documents.
c. The warranty shall include all components. The form of the warranty shall be approved by the Engineer in accordance with 3 -13.3.2, “Warranty Format Requirements.”

7. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work co rrected as part of the warranty requirements.

ADD 3-13.3.1 Defective Work.

1. If the Engineer finds any part of the Work, to be defective or not in compliance with the Contract Documents, the Contractor shall correct the Defective Work in accordance with the Engineer’s written instructions and within the specified time limits.

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2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor fails to immediately correct the Defective Work in conformance with the Contract Documents. The Contractor bears all direct and indirect costs and damages that result from the Agency’s Stop Work notice.

3. The Engineer may determine in its sole discretion to accept Defective Work instead of having the Contractor correct the Defective Work. However, the Contractor will still be financially responsible for the Defective Work. The Engineer shall issue a deducti ve Change Order and will incorporate the necessary revisions in the Contract Documents for the Defective Work, the diminished value to the Project, or for the cost to repair the Defective Work.

4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer may correct the Contractor’s Defective Work. The Agency has the right to correct any Defective Work without notice in the event of an emergency. Contractor sha ll bear all direct and indirect costs of the Defective Work that the Agency corrects.

5. When undertaking remedial action under this section, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s Work and or services, and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere.

6. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist within 30 Working Days in accordance with 6 -1.1, “Construction Schedule,” the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor’s Work beyond the 30 Working Days. The Agency shall bill the Contractor for the additional inspection at the Agency’s established rates.

7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations.

ADD 3-13.3.2 Warranty Format Requirements.

1. Written warranties, except manufacturer’s standard printed warranties, shall be on the Contractor’s and Contractor’s agents’, material suppliers’, installers’, or manufacturers’ own letterhead, addressed to and for the Agency’s benefit. Submit warranties i n the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty.

2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work.

Except for items put into use with the Engineer’s permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date.

3. The Contractor shall verify that the documents are in proper form, contain full information, and are notarized.

4. The Contractor shall verify that warranties are signed by both the Contractor and the appropriate party.

5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or work item.

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6. The Contractor shall separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The information shall include a list of Subcontractors and Suppliers with the n ame, address, and telephone number of the responsible principals.

ADD 3-13.3.3 Long-Term Warranty Contract (LTWC).

1. If specified in the Special Provisions and when a LTWC is included in the Contract Documents, the Contractor shall execute and submit the supplemental agreement for the extended Project warranty (the LTWC covering the workmanship and materials).

2. The first 3 years of warranty protection after installation shall be secured by the faithful performance and payment bonds in accordance with 1-7.2, “Contract Bonds.”

3. At the conclusion of the initial 3 -year bonded warranty period, an “n” -year subsequent manufacturer’s warranty for labor and materials shall commence and run concurrently with the LTWC, where “n” is the number of additional years beyond the initial 3 years as specified in the Special Provisions. Alternatively, and with respect to the 3 -year bonded warranty, the Contractor may submit a 2 -year bond followed by 1 -year bond. If the alternate option is selected, the 1-year bond shall be submitted to the Agency at least 90 Calendar Days before the expiration of the original 2 -year bond. Contractor shall clearly inform the Contract Specialist of the option selected. The protection provided shall not be for less than 3 + “n” years continuously.

4. The manufacturer’s warranty for parts and labor shall secure performance of the LTWC by the Contractor. Additional security in the form of bonds for both the LTWC and the manufacturer’s extended “n” -year warranty (in years 4 and on following Acceptance) fo r labor and materials may, but is not required to be, provided per the compensation provisions of the LTWC.

5. The manufacturer warranty shall extend to performance of the LTWC by the Contractor, including without limitation the performance of periodic inspections, preparation of periodic reports, and performance of repairs or replacements including parts and labor . If the manufacturer warranty does not expressly extend to the LTWC or is qualified in any way to exclude warranty of the performance of the LTWC by the Contractor, the surety bond shall be provided for the LTWC in accordance with 1-7.2, “Contract Bonds.”

6. If the Contractor is unable to obtain a bond which extends the “n”-year term of the LTWC, to obtain a manufacturer warranty or both which clearly and unambiguously extends to secure performance of the LTWC by the Contractor for the “n” - year term, the Agency shall accept either form of security provided that at least 1 of these forms is provided before award.

7. Provision of the manufacturer’s warranty, bonds, or both as specified is a pre -condition to award of the Contract.

8. Refer to the LTWC for additional information. The provisions of 3 -3, “SUBCONTRACTORS” shall not apply to LTWC.

ADD 3-14 PARTNERING

1. Contractor may request the formation of a formal partnering relationship (Partnering) by submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s request for Partnering is approved by the Engineer, scheduling of a Pa rtnering workshop,

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selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and workshop site, and other administrative details shall be as agreed to by both Parties.

2. The establishment of a Partnering shall not change or modify the terms and conditions of the Contract and shall not relieve either party of the legal requirements of the Contract.

3. The goals of Partnering include the following:
a. The Engineer and Contractor’s representatives, including Contractor’s Subcontractors, actively working together as partners.
b. Avoidance of destructive confrontation and litigation among the parties. c. Mutual understanding on how the Work is to be conducted. d. Establishment of mutual key results to facilitate Project success. e. Establishment of an atmosphere of teamwork, trust, and open communication. 3-14.1 Payment.

1. The payment for providing a facilitator and a workshop site shall be borne equally by the Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the facilitator and for the costs of obtaining the workshop site.

2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs associated with the Partnering relationship shall be borne separately by the par ty incurring the costs.

ADD 3-15 PUBLIC CONVENIENCE

1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments including churches, schools and parking lots; service stations; publ ic transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer.

2. The Contractor shall provide access for emergency vehicles and mail delivery and trash collection services. The trash hauling schedule can be obtained by c ontacting Republic Services at Customer Support | Republic Services.

3. During paving operations, the Contractor shall provide paved parking within 900 feet of the affected residences or businesses unless otherwise approved by the Engineer.

4. The Contractor shall provide a minimum of a two (2) week notice to project areas prior to start of construction in that respective area. This shall consist of mailing a city approved postcard to residents and businesses that are located or have a commercial driveway within six hundred (600) feet of the proposed work (see Appendix B for an example) . The postcard shall:
a. Size: 4-inch x 6-inch
b. Stock Description: 80# silk cover
c. Color: White
d. Thickness: 0.0090

5. The Contractor shall provide notification 72 hours prior to the start of construction in the public right-of-way that affects vehicular traffic, parking, or pedestrian routes. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For

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partial street closures or for curb, sidewalk or driveway repairs, the residences and/or businesses directly affected by the Work shall be notified. The notice shall:
e. Be written and hand delivered.
f. State the date and time the Work will begin and its anticipated duration. g. Provide a brief description of the Work and simple instructions to the home or business owner on actions to facilitate the construction. h. List 2 telephone numbers 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. An answering machine shall not be connected to either number. i. For residences, be prepared on 65 -lb. brightly colored card stock or equivalent durability with contrasting, 12 -point font or larger printing; pre -cut in a manner for hanging on a doorknob; and minimum size of 3 -1/2 inches wide by 8-1/2 inches long (refer to Appendix B for an example).
j. Be approved by the Engineer prior to distribution.

6. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The 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. If the Work is delayed or re scheduled, the signs shall be removed and re-posted 72 hours in advance of the rescheduled Work.

7. Payment for public convenience shall be considered as included in the Contract Price for each item in the Bid and no additional payment will be made.

ADD 3-16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS 3-16.1 The Agency’s Right to Award Separate Contracts.

1. The Agency reserves the right to perform work or operations outside the Scope of Work of the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work to be performed by another party was not noted in the Contract, the Agency shall give written notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines that the work being performed by the Agency or others may interfere with or cause damage to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer’s notice.
3-16.2 Integration of the Work with Separate Contractors.

1. When specified in the Contract Documents, prepare a plan to integrate the work performed by Separate Contractors, Agency Forces, or both with the performance of the Work and submit the plan to the Engineer for approval. The plan shall be fair and reasonable for Contractor and the Separate Contractors. Work with Separate Contractors to reach an agreement for the prepared plan. Arrange the performance of the work so that the Work and the work of the Separate Contractors are , to the extent applicable, properly integrated and jointed in a manner that avoids any damage to the Work or to the work of the Separate Contractors.

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3-16.3 Coordination.

1. Coordinate Contractor’s activities and the Schedule with the activities and schedules of the Separate Contractors and make any revisions to the Schedule deemed necessary to avoid any disruption to the Work or to the work of the Separate Contractors.

2. NCTD requests that the contractor provide notice two (2) weeks prior to starting work so that they may send a supervisor to meet with the construction crew to determine if traffic control methods affect NCTD’s stops. Notice should be provided via e-mail to [email protected]. 3-16.4 Use of Site.

1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of materials and equipment and performance of their work. Connect and coordinate work and operations with the work and operations of the Agency and the Separate Contra ctors as required by the Contract Documents.

2. Coordinate traffic control with the Separate Contractors for other projects and minimize the impact to the community. Prior to the start of construction, submit Contractor’s plan for coordination.

3-16.5 Deficiency in Work of Separate Contractors.

1. If part of Contractor’s Work depends on proper execution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Engineer any a pparent discrepancies or defects in construction that would render it unsuitable for proper execution and results. Use good faith efforts to resolve any such discrepancies or defects or any related disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work. 3-16.6 Payment.

1. Payment for reporting deficiencies, coordinating, and resolving discrepancies shall be included in the Contract Price.

SECTION 4 – CONTROL OF MATERIALS
4-2 PROTECTION
ADD the following:

1. The Contractor shall repair or replace any equipment and materials in the event of vandalism, damage, or theft at no additional cost to the Agency.

2. 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.

3. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.

4. 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.

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However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed.

5. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for thi s Work, full compensation for such Work shall be considered as included in the prices Bid for other items of Work.

6. 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.

7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 402, the Contractor shall, unless otherwise provided, furnish, and place the necessary protection at its expense.

8. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for.

9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located.

10. When placing concrete around or contiguous to any non -metallic utility installation, the Contractor shall at its expense:
a. Furnish and install a 2 -inch cushion of expansion joint material or other similar resilient material; or
b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or
c. Provide other acceptable means to prevent embedment in or bonding to the concrete.

11. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s ope rations, 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.

12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place.” Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals.

13. When feasible, the owner is 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 Contract Documents. Utilities which are relocated to avoid interference shall be protected in their

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position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation.

14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid.

15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as nec essary 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 and will include the restoration of all existing improvements which may be a ffected by the relocation . 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.

17. 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.

18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of the Construction Schedule. 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.

19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed.

20. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans.

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21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.

22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These damages for delay will be determ ined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extens ion of time for damages due to delay.

23. 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.
4-3 INSPECTION
4-3.1 General
ADD the following:

1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the Contractor.

2. Materials typically accepted by Certificate of Compliance shall not require inspection at the source unless specified in the Contract Documents. For a list of these items or materials, Contractor may refer to the Summary of Work.

3. Location changes to the source of materials requiring inspection without the required 24 - hour notification may result in non -compliant material subject to rejection. Contractor shall be responsible for staff charges resulting from last minute changes or cancellations once staff has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be notified in writing of the additional staff charges incurred.

4. Steel pipe in sizes larger than 18 inches shall require inspection at the source of production.

5. Agency staff or a qualified inspection agency approved by the Engineer shall witness all welding, lining, coating, and testing. Contractor shall incur additional inspection costs outlined in 4-2.3, “Inspection of Items Not Locally Produced.”

6. All parts of production (including but not limited to product fabrication, welding, testing, lining, and coating of straight pieces and specials) shall be performed or produced in the United States.

7. Welding and all testing shall be performed by certified welders and testing staff with credentials traceable in the United States.

8. The Contractor shall provide the Engineer free and safe access to any and all parts of Work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations

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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.
4-3.2 Inspection by the Agency.

DELETE this section in its entirety and replace with the following:

Inspection and testing laboratory services shall be proposed by the Contractor and subject to the approval of the engineer.

ADD 4-3.4 Specialty Inspection Paid for by the Contractor

1. Contractor shall employ and pay for the services of a qualified inspection agency to perform specialty inspection services as required by the Contract Documents.

2. The payment for the specialty inspection service Work shall be included under the Bid item for “Specialty Inspection Paid For By the Contractor.”

3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is provided, Contractor shall employ and pay for the services of a qualified third party independent laboratory to perform the required testing. Contractor shall be reim bursed for the cost of testing under this Bid item.

4. The cost for specialty inspections shall be included in the Contractor’s bid price for the item requiring the specialty inspection.
4-4 TESTING
ADD the following:

1. Except as specified in these Special 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.

2. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after 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.

3. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. The 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.

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4-6 TRADE NAMES
ADD the following:

1. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required.

2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if sufficient information is submitted to the Engineer for review to determine whether the material or equipment proposed is equivalent or equal to that named.

3. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for issuing an Addendum for the Contract. If the Engineer fails to respond to Contractor’s substitution proposal before the Bid due date, the substitution proposal shall be deemed denied.
b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, “Cost Reduction Proposal.”

4. For reviews prior to Bid:
a. The Engineer shall respond to Contractor’s substitution proposal by the last date for issuing an Addendum for the Contract. If the Engineer fails to respond to Contractor’s substitution proposal before the Bid due date, the substitution proposal shall be deemed denied.
b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, “Cost Reduction Proposal.”

5. Include the following information in the request for substitution:
a. Whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents to adopt the design to the proposed substitute. b. Whether or not incorporation or use of the substitute in connection with the Work is subject to the payment of any license fee or royalty.
c. All variations of the proposed substitute from the items originally specified shall be identified.
d. Available maintenance, repair, and replacement service requirements. The manufacturer shall have a local service agency within 50 miles (80.5 km) of the Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.
e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated.

6. There is no guaranteed time frame for the Engineer’s review of the substitution requests. Any lack of action on the Engineer’s side within Contractor’s requested time does not constitute acceptance of the substitution.

7. If, in the opinion of the Engineer, substitute items are determined to be unsatisfactory in performance, appearance, durability, compatibility with existing equipment or systems,

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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.

8. The burden of proof as to the type, function, and quality of any such substitute product, material or equipment shall be upon Contractor. The Engineer may require at Contractor’s expense additional data about the proposed substitute.

9. Acceptance by the Engineer of a substitute item does not relieve Contractor of the responsibility for full compliance with the Contract Documents. If the Engineer takes no exceptions to the proposed substitution, it shall not relieve Contractor from Contra ctor’s responsibility to the efficiency, sufficiency, quality, and performance of the substitute material or equipment in the same manner and degree as the material and equipment specified by name.

10. The Bid submittal shall be based on the material and equipment specified by name in the Contract. If the proposal is rejected by the Engineer, Contractor shall not be entitled to either an extension in Contract Time, an increase in the Contract Price, or both.

11. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s prior written approval.

12. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, a vailability 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. 4-7 WEIGHING AND METERING EQUIPMENT
REPLACE the first paragraph with the following:

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.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
ADD the following:

1. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations.

2. 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 Fish and Game Code Section 1601 or 1603, the conditions established in Fish and Game Code Section 1601 et seq. shall become conditions of the Contract.
5-3.3 Payroll Records.

ADD the following:

1. The Contractor and its Subcontractors shall maintain and furnish to the Agency, at a designated time, a certified copy of each weekly payroll reflecting the wages containing all of

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Contractor’s and Subcontractors’ employees engaged in the Work and a statement of compliance signed under penalty of perjury.
5-3.4 Hours of Labor
ADD the following:

1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays.

The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside these hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the stated hours and/or days 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.

5-4 INSURANCE
5-4.1 General.

ADD the following:

1. 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 by the Contractor, his or her agents, representatives, employees or Subcontractors. The insurance shall meet the City’s policy for insurance as stated in City Council Policy No. 70.
a. Coverages and Limits: Contractor shall maintain the types of coverages and minimum limits specified in these Agency Supplemental General Provisions (00 73 00):
b. Additional Provisions: Contractor shall ensure that the policies of insurance required under this Contract with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.
i. The Agency, its officials, employees and volunteers must 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 Agency, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; 1 for each company affording general liability, and employers’ liability coverage.
ii. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officials, employees and volunteers. Any insurance or self - insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the Contr actor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officials, employees or volunteers.

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iv. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
c. Notice of Cancellation. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to the Agency by certified mail, return receipt requested. d. Deductibles and Self -Insured Retention (S.I.R.) Levels. Any deductibles or self - insured retention levels must be declared to and approved by the Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. e. Waiver of Subrogation. All policies of insurance required under this Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the Agency 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 in these Agency Supplemental General Provisions (00 73 00). g. Acceptability of Insurers. Insurance must 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 eviden ced 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 No. 70.
h. Verification of Coverage. Contractor shall furnish the Agency 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 Agency and are to be received and approved by the Agency before the Contract is executed by the Agency. i. Coverage and Limits . Contractor will maintain the types of coverage and minimum limits indicated below unless the Risk Manager or City Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Contract.

Agency, its officers, agents, and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Contract are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. The full limits available to the named insured shall also be a vailable and applicable to the Agency as an additional insured.

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j. Cost of Insurance. The Cost of all insurance required under this Contract shall be included in the Contractor’s Bid.
5-4.2 General Liability Insurance.

ADD the following:

Commercial General Liability (CGL) Insurance : Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

5-4.3 Worker’s Compensation Insurance.

ADD the following:

Workers’ Compensation and Employers’ Liability Insurance : Workers’ compensation limits as required by the Labor Code and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.

5-4.4 Auto Liability Insurance.

ADD the following:

Business Automobile Liability Insurance : $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non -owned or hired, and whether scheduled or non-scheduled.

5-6 PATENTS FEES AND ROYALTIES.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for infringement of patent, trademark, and copyright against the Agenc y and shall hold the Agency harmless from any loss.
5-7 SAFETY
5-7.1.1 General.

ADD the following:

1. When conducting grading or excavation, place Contractor’s name and emergency telephone number adjacent to the Work at intervals and locations approved by the Engineer. The method of posting shall be approved by the Engineer.

2. The Contractor shall respond and initiate corrective action in accordance with OSHA and within 24 hours of the notice of the nonconforming Work that poses an imminent threat to person or property.

3. 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 fea tures of construction as protruding nails, hoists, well holes, and falling materials.

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ADD: 5-7.1.3 Health and Safety Plan (HSP).

1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees.

These specifications shall not be construed to limit Contractor’s liability nor to assume that the Agency, its employees, or designees shall assume any of Contractor’s liability associated with Site safety considerations.

2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work.

The HSP shall comply with all OSHA and other applicable requirements.

3. The HSP shall specifically address procedures and protocols that shall be followed to monitor for or respond to the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces or asbestos containing materials, contaminated soil, and groundwater. Identify response actions that shall be taken when these conditions are encountered.

4. The Agency shall not assume any role in determining the adequacy of the HSP on Contractor’s behalf.
5-7.3 Use of Explosives.

ADD the following:

1. Explosives may be used only when authorized in writing by the Engineer. The Contractor shall prepare and submit an application for blasting permit to the City of Carlsbad Engineering Department and comply with the City’s blasting policy.
5-7.7 Security and Protective Devices.
5-7.7.1 General.

DELETE in its entirety and SUBSTITUTE with the following:

1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices for the protection of workers or the public from hazards posed by open excavations or any work in progress. Security and protective devices shall remain in pl ace until the Work is accepted.

2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices.

ADD: 5-7.7.3 Playground Safety.

1. Provide a secured fence around the playground to prevent use or access. Do not remove the fence until the independent Playground Safety Audit has been done by the Contractor and the Engineer, the Engineer has accepted the playground design and installation , and the Punchlist items have been completed.

2. Provide certification by a NPSI certified playground inspector that confirms that the installed equipment is compliant with all applicable codes.

3. The payment for the fencing around the playground and the playground safety audit is included in the Contract Price.

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5-7.7.2 Security Fencing

1. The payment for security fencing Work for open excavations shall be included in the Contract Price.
5-7.8 Steel Plate Covers
5-7.8.1 General.

ADD the following:

1. The Contractor shall protect transverse or longitudinal cuts, voids, trenches, holes, and excavations in the right-of-way that cannot be properly completed within 1 Working Day by adequately designed barricades and structural steel plates (plates) that sha ll support legal vehicle loads in such a way as to preserve unobstructed traffic flow.

2. For trench widths exceeding those in Table 5-7.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems.

3. The Contractor shall secure approval in advance from authorities concerning the use of any bridging proposed on the Work.

4. The Contractor shall shore the trench adequately to support the bridging and traffic loads.

5. The Contractor shall design plates for HS 20 -44 truck loading in accordance with Caltrans Bridge Design Specifications Manual and evaluate soil conditions and ensure that the plate extends enough beyond the trench walls to support traffic loads.

6. The Contractor shall use the plates skid -resistant with a nominal COF of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available fro m each Caltrans District Materials Engineer to correlate skid resistance results to California Test Method 342.

7. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps.

8. Alternative installation methods may be submitted in accordance with 3 -8, “SUBMITTALS” for the Engineer’s approval.

9. Contractor shall install signage and postings with a 2 inch (50.8 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24 -hour emergency contact phone number. See 601-1, “GENERAL.”

10. Contractor is responsible for the maintenance of the plates, shoring, and asphalt concrete ramps or any other approved device used to secure the plates. Contractor shall immediately mobilize necessary personnel and equipment after being notified by the Eng ineer, the Agency, or a member of the public of a repair needed for such items as plate movements, noise, anchors, and asphalt ramps. Failure to respond to the emergency request within 2 hours shall be grounds for the Agency to perform necessary repairs th at shall be invoiced at the actual cost including overhead or $500 per incident, whichever is greater. Failure may also result in a “Stop Work” notice.

11. When plates are removed, Contractor shall repair any damage to the pavement with fine graded asphalt concrete mix or slurry seal satisfactory to the Engineer. 5-7.8.3 Installation.

ADD the following:

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The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movem ent. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2 and 203-5.3 DELETE method 2 in its entirety. Only method 1 is acceptable within city streets.

ADD 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from and against all claims asserted, liability established, or judgments for damages or injuries to any person or property, including to Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out of the Work, which arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Contractor, its officers, employees, agents or subcontractors.

Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the Indemnified Parties.

Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist be tween Contractor and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Contract.

2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel.

3. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs f or the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties , if the Indemnified Parties request separate counsel.

4. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from and against any dispute between Contractor and Contractor’s Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding.

ADD 5-9 CONFLICT OF INTEREST

1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others and particularly those with

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whom they have family, business, or other relationships. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors.

2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices (Government Code Sections 1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal Code). If, in performing the Work, Contractor make s or participate s in a “governmental decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code of Regulations, or perform s the same or substantially all the same duties for Agency that would otherwise be performed by an Agency employee holding a position specified in the Agency’s conflict of interest code, Contractor shall be subject to a conflict of interest code requiring the completion of 1 or more statements of economic interests disclosing Contractor’s relevant financial interests.

3. Statements of economic interests shall be made on Fair Political Practices Commission Form 700 and filed with the City of Carlsbad’s City Clerk. Contractor shall file a Form 700 (Assuming Office Statement) within 30 Calendar Days of the Agency’s written determination that Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual Statement) on or before April 1st disclosing any financial interests held during the previous calendar year for which Contractor was subject to a conflict of interest code.

4. If the Agency requires Contractor to file a statement of economic interests as a result of the Work performed, Contractor shall be considered a n “Agency Official” for conflict of interest purposes, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract.

5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. Contractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.

6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation.

ADD the following: 5-10 STATUTORY REFERENCES

1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented, or replaced from time to time by the corresponding legislative or regulatory body.

ADD the following: 5-11 RIGHT TO AUDIT
5-11.1 General.

1. The Agency retains the right to review, audit, reasonably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention

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is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence.

2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors.
5-11.2 Audit.

1. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirement s under the Contract.

2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additio nal compensation or for changes in the Work have been submitted.

3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shall also make available to the Engineer for review and audit all Project -related accounting record s and documents and any other financial data. Upon the Engineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer. 5-11.3 Compliance Required Before Mediation and Litigation.

1. As a condition precedent to proceeding with mandatory mediation and further litigation under 2 -10.2, “Dispute Resolution Process” Contractor shall comply with the audit specifications within 60 Calendar Days of the Engineer’s notice to review and audit compliance. See 5-2, “SPECIAL NOTICES.”
5-11.4 Access to Records on Federally Funded Projects.

1. Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a minimum of 5 years after the Agency makes final payments and all other pending matters are closed and shall allow access to those records to the Agency, the Federal grantor agency, the Comptroller General of the United States, or any duly authorized representatives.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ADD the following:

1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made, therefore.

2. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of th e prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.

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ADD the following subsection: 6-1.3 Pre-Construction Meeting.

After, or upon, notification of Contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the Project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible Project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Supplemental General Provisions Section 6 -7. No sep arate payment will be made for the Contractor’s attendance at the meeting.

ADD the following subsection: 6-1.3.1 Baseline Construction Schedule.

Prior to the start of any work, the Contractor shall submit its Baseline Construction Schedule to the Engineer for approval within 20 working days of Contract Execution and shall present the schedule at the Preconstruction Meeting. The city will issue the Notice to Proceed following the 20-day period or at the Preconstruction Meeting whichever is sooner. The Contractor shall prepare the schedule as a Critical Path Method (CPM) schedule in the precedence diagram method (activity-on-node) format and submit the schedule in accordance with 3-8. The schedule shall:

1. Be prepared using commercially available, Windows compatible scheduling software program such as, Primavera, Microsoft Project, or approved equal.

2. Be prepared in hard copy (paper) and electronic (Adobe PDF) format 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.

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

4. 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 predece ssor 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 accurat ely 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.

5. Include detail of all project phasing including all milestones necessary to define the beginning and end of each phase and constraints which may impact any activity. Include time allowances for coordination with utility companies and other agencies, pre -

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construction surveys and investigations, equipment and material deliveries, submittal reviews and approvals, traffic control setup and phasing, Work performed by others, inspections, testing and commissioning, corrective work, and any non-work periods.

Float or slack time within the schedule is available without charge or compensation to the party or contingency that first exhausts it. A schedule which shows a project duration longer than the Contract time will not be accepted by the Engineer.

If the Baseline Construction 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 five (25) Workin g Days after the date of the Preconstruction Meeting shall be grounds to consider the Contractor in default of the Contract per 6-7. The time required by the Engineer to review the initial Baseline Construction Schedule submittal will not be included in the 25 Working Days. The Engineer shall complete subsequent reviews of the revised schedule and progress updates within 5 working days of receipt.

The Contractor shall not be permitted to commence any excavation or demolition activities until the Engineer accepts the Baseline Construction Schedule. For each day of delay beyond the 25 Working Days after the Preconstruction Meeting that the Baseline Co nstruction Schedule is not accepted by the Engineer, the Contractor shall be charged $100 through a deductive Change Order.

The Engineer’s response to each review will consist of one of the following:
“Accepted.” The Contractor may proceed with the Work.
“Accepted with Comments.” The Contractor may proceed with the Work, but must revise and resubmit the schedule prior to submittal of the first progress payment application. The Engineer’s acceptance of the schedule is a condition precedent to payment of any progress payment.
“Not Accepted.” The Contractor may not proceed with the Work and must revise and resubmit the schedule.

ADD the following subsection:6-1.3.2 Schedule Updates and Revisions.

The Contractor shall meet with the Agency’s Construction Manager 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 subm ittal in 6 -1.3.1 and shall:

1. 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 a ctual dates after they are first reported.

2. Report the percent complete for each activity in progress at the end of the month as determined by the Engineer.

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

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4. Include activity and network revisions reflecting the Change Orders approved in the previous month.

The Engineer’s responses to the construction schedule updates shall be as described in 6-1.3.1.

If the Contractor fails to submit schedule updates as required herein, the Contractor may elect to proceed with the Work at its own risk and shall forfeit the progress payment for Work completed until compliance is met. If the Contractor elects to delay or cease Work after failure to submit the schedule updates, any resulting delay, impact, or disruption to the Work will be the Contractor’s responsibility.

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. The Contractor shall provide an explanation for each change made to the schedule.

If the Contractor desires to make a major change in the method of operations after commencing construction, the Contractor shall submit to the Engineer a revised Baseline Construction Schedule in advance of beginning revised operations.

ADD the following subsection: 6-1.3.3 Late Completion or Milestone Dates.

If a s chedule 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 progress payment to the Contractor immediately following such acceptance.

ADD the following subsection: 6-1.3.4 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 6-1.3.2. Acceptance of the final schedule update is required for release of funds retained per 9-3.2.

ADD the following subsection: 6-1.3.5 Measurement and Payment.

If a Bid item for Construction Schedule is not listed in the Bid Schedule, payment shall be considered included in the various Bid items and no separate payment will be made.

6-2 PROSECUTION OF WORK
ADD the following:

1. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon written request of the Agency, and shall request approval of a replacement Subcontractor to perform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency.

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2. Sequence
The Contractor may not conduct an overlay operation on the following streets at the same time (unless approved by the Engineer),
• Palomar Airport Road between Paseo Del Norte and El Camino Real • El Camino Real between Levante Street and City Limits with Encinitas

The Contractor must substantially complete all of the work associated with a resurfacing (including completion of all signing/ striping) before it may begin work on another subsequent collector/ arterial street segment, unless approved by the Engineer. Substantial completion of all work will be determined by the Engineer and includes the completion of all asphalt, slurry, the last coat striping (including thermoplastic), and any additional/ applicable signage so that the road segment may be utilized as intended. Please also refer to Subsection 314-4 of these Special Provisions regarding final steps in regard to the completion of work.

Once the Contractor has begun construction on a collector/ arterial road segment, the Contractor must work continuously (excluding non-working days and holidays) to complete the collector/ arterial road segment.

ADD the following:6-2.1 Order of Work.

1. The Contractor shall incorporate the requirements of the city, utility companies or agencies having jurisdiction over the Work in accordance with Section 2-4 Cooperation and Collateral Work. The work to be done shall consist of furnishing, all labor, equipment, and materials, and performing all operations necessary to complete the Project Work as shown on the Plans or Special Provisions.

2. Specific sequencing constraints include, but are not limited to, the following unless otherwise authorized by the agency:
a. Plan to slurry seal Madison Ave between Grand Ave and Arbuckle Pl towards the end of the project to avoid conflict with another city project.

ADD the following:6-2.2 Moratoriums.

1. When moratorium periods are specified in the Special Provisions, Contractor shall stop Work and completely demobilize all construction related activity, equipment, and materials within the stated limits prior to the beginning of the moratorium periods at no additional cost to the Agency. The Contractor shall complete any Work that has been started prior to the start of the moratorium.

2. Contractor shall restore and clean the Site prior to each moratorium. The Contractor shall not leave equipment, materials, or traffic control on the Site during the moratorium periods.

Trenches shall be backfilled during moratorium periods. Temporary resurfacing or steel plate covers over trenches shall not be used.

3. The payment for complying with moratorium requirements shall be included in the Contract Bid. Contractor shall not be entitled to any additional costs for repeated mobilization and demobilization to continue the Work after the moratorium periods.

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6-3 TIME OF COMPLETION
6-3.1 General.

ADD the following:

1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be expressed in Working Days.

2. The number of Working Days specified for the walk-through, preparation, and the completion of Punchlist items until acceptance shall be included in the stipulated Contract Time.

3. The Contractor shall obtain the written approval of the Engineer to perform any Work outside of normal Work hours. This approval must be obtained at least 48 hours prior to commencement of such Work. The Contractor shall pay any additional costs for inspection or testing of such Work.

4. Work that is required by the Engineer to occur outside of normal Work hours will be identified in the Special Provisions.

5. The Contractor shall not perform Work during moratoriums per 6 -2.2 or during any periods of restriction identified in agency permits or Project environmental documents and shall include all such schedule constraints in the Construction Schedule.

6. No additional payment or adjustment of Bid item prices or adjustment of Contract Time will be made for the Contractor’s inability to work outside of normal Work hours if Contractor’s request is denied by the Engineer or during prohibited periods.

7. Contractor’s schedule shall plan for a minimum of 2 weeks after final walk-through to receive a final punch list from the Agency.

8. Placement of slurry seal shall not be applied between December15th through April 1st, unless Contractor receives written approval from the Engineer. Contractor’s bid costs for placement of slurry seal must remain firm from the bid opening date through completion of the Project, excluding increases for work that would otherwise qualify as a Changed Condition (Section 3- 4) or Change Order unrelated to the date restriction on which placement of slurry seal may occur on the Project. The Contractor shall complete the Work within the time set forth in the Contract. Working days shall include all Work associated with the project, including the submittals review period and final punch list process. The time of completion of the Contract shall be expressed working days.

9. 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:

a. Saturday,
b. Sunday,
c. any day designated as a holiday by the Agency,
d. 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,
e. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1,

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f. 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.

10. Work shall be during the weekdays from 7:00 a.m. to 4:30 p.m, excluding Agency holidays.

Work on any road that is either adjacent to a school, or connected to a school, shall occur on Saturdays from 8:30 a.m. to 4:00 p.m. or during a school break to avoid school traffic. Paving work on Finnila Pl, Palomar Airport Road, and El Camino Real shall be during the night, Sunday to Thursday from 9:00 p.m. to 5:30 a.m . The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours such as work on collector/ arterial streets and streets adjacent to commercial centers at any time during the weekdays and/ or on holidays , or work on residential streets at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall submit a schedule including a daily work plan to the Engineer reflecting the specified working hours and approved traffic control plan. If the Contractor proposes to perform any night work, no additional compensation will be provided.

11. It is of utmost importance that inconvenience to property owners be minimized and that the slurry be placed on the day scheduled. Sealing operations shall not commence prior to 7: 00 a.m., and the application of the slurry seal shall be terminated before 1:30 p.m. daily of each working day. The Engineer will modify pending schedules if it appears that a greater amount of work is scheduled than it is possible to complete within the period specified, based on quantities placed on preceding days.

12. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowe d as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.

ADD the following:

1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling method shall be used to calculate the Project’s schedule. 6-4.2 Extensions of Time.

DELETE in its entirety and SUBSTITUTE with the following:

1. The Contract Time shall be modified only by Change Order.

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2. Contractor shall immediately submit to the Agency a written request for a Change Order to modify the Contract Time, but in no event later than 1 Working Day after the occurrence and discovery of the events giving rise to the request. Contractor shall include in Contractor’s request a general description of the basis for and the estimated length of any extension and submit supporting data, includin g a time impact analysis setting forth the claimed Critical Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders, Delays, and Extensions of Time).

3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates, through an analysis of the critical path, the following:
a. The event causing the delay impacted the activities along the Project’s critical path. b. The increases in the time to perform all or part of the Project beyond the Contract Time arose from unforeseeable causes beyond Contractor’s control and without Contractor’s fault or negligence.
c. All Project float has been used.

4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the Engineer’s weekly document. a. Contractor’s protest will be considered a claim for time extension and shall be subject to 2-10.1, “Claims.”
6-4.4 Written Notice and Report.

DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor’s failure to file with the Engineer a written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request.

2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when 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 worker and supervisor and the make and model of all 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.

3. The request for payment or extension must be made at least 15 Calendar Days prior to the specified completion date . Failure by the Contractor to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request.

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6-6 SUSPENSION OF THE WORK
6-6.1 General.

ADD the following:

1. The Agency reserves the right to issue a stop work notice for any trenching operation if Contractor is not proceeding within a reasonable period of time to restore the pavement and Site cleanup. A reasonable period of time is considered to be 5 to 10 Working Days after backfilling any 1 block, approximately 600 feet, of pipeline. The Engineer shall determine the period of time allowed which shall not be subject to dispute.

2. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor’s representative.

3. Trenching operations are subject to suspension if the Contractor does not comply with the requirements for the maximum length of open trench specified in 306-3.5. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.

Add the following:

Contractor fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.

DELETE in its entirety and SUBSTITUTE with the following:

1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.

If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination for convenience in accordance with 5 -2, “SPECIAL NOTICES.” Upon receipt of this notice, Contractor shall immediately proceed as follows:
a. Stop Work immediately or in accordance with the Notice of Termination. b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further subcontracts for materials, services, or facilities except as necessary to complete any authorized continued portion of the Contract. c. Terminate all subcontracts to the extent that they relate to the Work terminated. d. With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts. This approval shall be final for the purposes of this section.
e. As directed by the Engineer, transfer and deliver completed or partially completed drawings, plans, calculations, specifications, and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency.
f. Complete the performance of the Work not terminated. g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination.
h. Take any action that may be necessary or that the Engineer may direct for the protection and preservation of the property related to the Contract that is in Contractor’s possession and in which the Agency has or may acquire an interest.

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6-8.1 Termination Cost.

1. The Agency shall determine and pay Contractor the fair and reasonable amounts for Contractor’s termination cost as follows:
a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract.
c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.

1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer.

2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment.
6-8.3 Determination of Amount Due the Contractor.

1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the Agency.
b. Any claim which the Agency has against Contractor under the Contract. 6-8.4 Records and Documents Relating to Termination.

1. The Engineer will file an Agreement of Mutual Rescission of Contract with the Board. Once the Agreement is executed and a Notice of Completion is recorded, retention can be released.

2. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contract for 3 years after final settlement. This includes all books and other evidence bearing on Contractor’s costs, expenses, and settlement under the Contract. Contractor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Contractor may maintain photographs, microphotographs, and other authentic reproductions instead of original records and documents.
6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds.

1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until f unds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If

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the Agency elects under this provision to terminate the Contract, neither Party is entitled to compensation from the other Party for any costs arising from such termination. The Agency may also elect to terminate after invoking a suspension under this provision. 6-9 LIQUIDATED DAMAGES
DELETE in its entirety and SUBSTITUTE with the following:

1. Contractor’s failure to complete the Work within the time allowed shall result in damages being sustained by the Agency. Such damages are, and shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjusted in accordance with 6 -4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies due it, the sum described in the table below, along with any oth er damages that may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions.

2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table below is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs.

Contract Value Liquidated Damage Daily Amount
$100,000 and more $2,500

3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section.

4. With respect to the public right-of-way, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency.

For every 15-minute increment (or portion of time thereof) beyond the hours of work stated in the Contract Documents or superseded by the approved traffic control plans, the Contractor shall pay the Agency, or have monies due to it, the sum of two hundred fifty dollars ($250). Such sum is liquidated damages and shall not be construed as a penalty and will be deducted from monthly progress payments due the Contractor if such delay occurs.

ADD 6-10 ELECTRONIC COMMUNICATION

1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The Contractor shall review and act on all communications addressed to the Contractor in the Project management website. A user’s guide to the Project management system may be

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available on the City’s website and shall be provided to Contractor at the Pre -construction Meeting.

2. The payment for electronic communications shall be included in the Contract Price.

ADD the following:
6-11 PROCORE PROJECT MANAGEMENT AND COLLABORATION SYSTEM. a. This project will utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non -productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web -based Procore 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 because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification cours e located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review update d documents as they are added. There will be no cost to the Contractor for use of Procore.

b. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at
https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on -site individual to provide real -time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list it ems. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents.

SECTION 7 – MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
7-1.2 Methods of Measurement.

ADD the following:

The system of measure for this contract shall be the U.S. Standard Measures. 7-2 LUMP SUM WORK
ADD the following: 7-2.1 Schedule of Values (SOV).

1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting.

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2. The SOV shall:
a. Subdivide the Work into its respective parts.
b. Include values for all items comprising the Work.
c. Serve as the basis for monthly progress payments.

3. The Engineer is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the additional items identified by the Eng ineer. When requested by the Engineer, provide substantiating data in support of the SOV.

4. The Contractor shall incorporate the SOV into the cost loading function of the Schedule in accordance with 6 -1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.” Monthly progress payment amounts for Lump Sum items shall be determined from the monthly updates of the Schedule activities.

5. The Contractor shall develop the SOV independently but simultaneously with the development of the Schedule activities and logic. Incorporate phase funding impacts, if applicable, into the Schedule.

6. The Contractor shall break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity.

7. Following acceptance of the SOV, the Contractor shall incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to 1 or both documents, the Contractor shall propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.

8. The Contractor shall update and submit these listings in conjunction with the Schedule monthly submittals.

9. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into the SOV as single units identified by the Change Order or Field Order number.

10. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the Engineer.

11. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.

12. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYMENT
7-3.1 General.

DELETE the last paragraph in its entirety and SUBSTITUTE with the following:

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 plus 25 percent due for such labor or materials will be withheld from payment in accordance with applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor

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except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment.

ADD the following:

1. Unless specified otherwise, the Contract Price includes use, consumer, and other taxes mandated by applicable legal requirements. The Contract Price is not subject to adjustment for tax increases.

2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, in excess of 5% of the Contract Price, if the following occur:
a. The damaged portion of the Project was built in accordance with the Contract requirements.
b. There are no insurance requirements in the Contract for the damages.

3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion.
7-3.2 Partial and Final Payment.

DELETE the last paragraph in its entirety and SUBSTITUTE with the following:

Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by the Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.

Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities to cover 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.

ADD the following:

1. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be s ubject to correction in the Final Payment Estimate.

The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment

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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 t hat full and final payment has been made for all Contract Bid items and Change Order items.

If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, 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 2-10.1.1, Initiation of Claim.

The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the 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 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.

2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required by the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition, waste recycling, and hydrostatic discharge reports.
f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be submitted before requesting the release of retention.

ADD the following: 7-3.2.1 Application for Progress Payment.

1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, provide such

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additional data as may be required to support the payment estimate. Such data may include submission of signed field orders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers.

2. For application for progress payments, Contractor shall use the format required by the Agency. An electronic copy of the invoice form is available from the Engineer upon request.

Progress payments shall be signed, and the date of the invoice shall be the d ate that the invoice is submitted.

3. The Agency shall not pay progress or partial payments until Contractor submits to the Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and submit the Schedule updates.

4. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request.

ADD the following: 7-3.2.2 Amount of Progress Payments.

1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the application for Payment consistent with Public Contract Code Section 20104.50. The Agency shall pay Contractor for the Work performed, including the payment for offsite stored materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV.

ADD the following: 7-3.2.3 Waiver of Claims at Final Payment.

1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.

ADD the following: 7-3.2.4 Withholding of Payment and Back Charge.

1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5 -3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requirements of the Contract Documents.
d. Failure to submit monthly Construction Schedule updates.

2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice. e. Failed inspections or re-inspections paid by the Agency.

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7-3.3 Delivered Materials
DELETE in its entirety and SUBSTITUTE with the following:

1. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.

ADD the following: 7-3.3.1 Payment for Stored Materials on Site.

ADD the following: 7-3.3.1.1 General.

1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site.

2. The material shall meet the Contract requirements and the material’s required test results and certifications shall be filed with the Engineer.

3. Only non -perishable materials for major items of Work or Materials Subject to Price Adjustment shall be considered for payment for on -site storage. However, each individual item has a value of more than 1% of the Contract Price and shall become a permanent part of the Work.

4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement that Contractor has paid all invoices in full.

5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer.

6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items.
b. The dollar amount of the material incorporated into each of the various Work items for the month.
c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest.

7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of title or any partial p ayment shall not constitute acceptance by the Agency of the materials nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the Contract Documents.

8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.”

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9. Contractor shall assume all risks associated with the loss or damage to the stored products for which payment has or has not been received.

10. Equipment and materials shall be stored in accordance with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment.

11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency.

12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed.

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

The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.

ADD the following: 7-3.3.1.2 Payment for Stored Materials Offsite.

1. The payment of materials and equipment delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.

2. The Agency reserves the right to refuse approval for the payment of any equipment or materials suitably stored offsite in its sole discretion, regardless of whether all conditions in the Contract Documents have been met.

3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery.

4. Partial payment for products delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipme nt warranties for the benefit of the Agency.

5. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate.

6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials.

7. Contractor shall provide written evidence to the Engineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following:

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PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6 months after the NOC has been filed for (2026 Streets Resurfacing Project) for the purpose of removing materials for which advance materials on hand payment has been made to (Contractor’s Name). The property is owned by (Owner’s Name) and is described as follows:
(Address and Description of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage.

8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials.
7-3.4 Mobilization.

ADD the following:

When a Bid item is included for Mobilization, and subject to the conditions and limitations set forth herein, the costs of work in advance of construction operations and not directly attributable to any specific Bid item will be included in the progress es timate. When no such Bid item is provided, payment for such costs will be considered as included in the other Bid items of Work.

Mobilization includes furnishing all insurance, bonds, and licenses and all Work necessary for the movement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and temporary utilities or facilities necessary for the Work; and for all other Work and operations which shall be performed prior to beginning the Work or after completion of the Work, excepting those specifically paid for under separate Bid items. Such operations shall include, but are not limited to, coordination with Agency forces; securing permits; surveying and staking; utility mark-out; securing construction water supply and temporary power necessary for construction; temporary construction fencing; installing, maintaining and removing project signs; providing on -site sanitary facilities; posting OSHA and labor compliance notices and establishing safety programs; preparing, maintaining and submitting the project record drawings; and any other Work or services not included in any other Bid item.

The complete dismantling and removal of the Contractor’s temporary facilities, equipment, materials, construction wastes, and personnel from the Site at the completion of the Work, referred to as demobilization, is included in the payment for Mobilization.

When price for this Bid item is limited to a percentage of the total Contract price, it shall be so indicated in the Bid Form.

The Contract price paid for Mobilization shall include all items and operations as described in this subsection and no additional payment shall be made.

Progress payments for Mobilization will be made as follows:
a) 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.

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b) Second progress payment: payment will be made at fifty percent (50%) of the amount bid for Mobilization.
c) The remaining 10% of the Bid price for Mobilization will be made when all punch list items are completed to the satisfaction of the Engineer and the Contractor has demobilized from the Project Site.

7-3.5 Contract Unit Prices.
7-3.5.1 General.

DELETE the second to fourth paragraph and REPLACE with the following:

1. 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.

2. 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 q uantity of the item of work varies from the Bid quantity by more than 50 percent payment will be made per Section 7-3.5.2 or 7-3.5.3 as appropriate.

3. 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 7-3.7.

ADD the following:

1. Unit Bid prices shall not be subject to adjustment regardless of quantity used or if none is used for the following Bid items:
a. additional bedding
b. imported backfill
c. shoring
d. water services and connections
e. water pollution control items
f. point repairs for existing sewer mains
g. additional point repairs for existing sewer mains
h. sewer lateral connections
i. sewer lateral linings
j. traffic control
k. additional equipment

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7-3.5.2 Increases of More Than 50 Percent.

DELETE in its entirety and REPLACE with the following:

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 q uantity 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 2-8. The Extra Work per Section 2-8, 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.
7-3.5.3 Decreases of More Than 50 Percent.

DELETE in its entirety and REPLACE with the following:

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 2-8; 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. 7-3.6 Stipulated Unit Prices.

DELETE in its entirety and REPLACE with the following:

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 i n the Supplemental General Provisions.
7-3.7 Agreed Prices.

DELETE in its entirety and REPLACE with the following:

Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 7-3.5, 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 with Section 2 -8, except as otherwise specified in Se ctions 7-

3.5.2 and 7-3.5.3.
7-3.8 Eliminated Items.

DELETE in its entirety and REPLACE with the following:

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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 in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8.

ADD the following: 7-3.9 Field Orders.

1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the cumulative total of Field Orders does not exceed the Field Orders” Bid Item:

Contract Price Maximum Field Order Amount
Less than $100,001 $2,500
$100,001 to $1,000,000 $5,000
$1,000,001 to $5,000,000 $10,000
Greater than $5,000,000 $20,000
ADD the following: 7-3.10 Compensation Adjustments for Price Index Fluctuations.

1. Unless otherwise specified, the provisions of this section apply only to the paving asphalt used in the following:
a. Asphalt Concrete Pavement
b. Asphalt Pavement Repair
c. Scheduled and Unscheduled Base Repair
d. Slurry Seal or any other asphalt emulsion

2. The compensation for paving asphalt shall be increased or decreased for paving asphalt price fluctuations in accordance with 9-1.07 “Payment Adjustments for Price Index Fluctuations” in the Caltrans Standard Specifications.

3. The adjustment in compensation shall also be subject to the following:
a. Show the provided compensation adjustments separately on payment estimates.

Contractor is liable to the Agency for decreased compensation adjustments and the Engineer may deduct the amount from moneys payable or that may become payable to Contractor.
b. In the event of an overrun of Contract Time, adjustment in compensation for asphalt binder included in estimates during the overrun period shall be determined using the California Statewide Crude Oil Price Index in effect on the first business day of the month within the pay period in which the overrun began. c. In the event that the companies discontinue posting their prices for a field, the Engineer shall determine an index from the remaining posted prices. The Agency

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reserves the right to include in the index determination the posted prices of additional fields.

4. Contractor may opt out of the payment adjustments for price index fluctuations when specified in the Contract Documents by submitting a letter with the Bid. 7-4 PAYMENT FOR EXTRA WORK
7-4.1 General.

ADD the following:

1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer.

7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.

ADD the following:

1. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.

2. Contractor shall list the labor rates of its personnel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price.

3. If Contractor’s proposal for Extra Work is based upon services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist of straight time wages and burdens plus the appropriate overtime or shift p remium with no additional burdens, such as fringe benefits, on the premium portion. 7-4.2.3 Tool and Equipment Rental.

DELETE in its entirety and SUBSTITUTE with the following:

1. No payment shall be made for the use of tools which have a replacement value of $200 or less.

2. Regardless of ownership, the rates and delay factors to be used in determining equipment rental costs shall not exceed those listed in the latest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rates” preceding the date t he Work is accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov.

The 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.

3. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publication, rental rates shall not exc eed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed.

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4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included.

5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense.

6. The reported rental time for equipment already at the Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site.

7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.

DELETE in its entirety and REPLACE with the following:

The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:

Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1 % shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.

DELETE in its entirety and REPLACE with the following:

When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 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.

7-4.4 Daily Reports.

ADD the following:

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.

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ADD 7-6 BID ITEM DESCRIPTIONS
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 Specifications shall be considered as included in the Bid Items.

Mobilization (Bid Item No.1): Payment for “Mobilization” will be made at the stipulated lump - sum price bid therefore in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and f or doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site a nd other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those s pecifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.

Staging Area (Bid Item No. 2): The contract price paid for this bid item shall constitute payment for city provided staging. Options for staging areas are shown in Appendix A. The contractor’s preferred staging area needs to be approved by the city before using it. The approved staging area shall be used for staging equipment and materials only to minimize impact to the right -of- way. Staging area shall be indicated on submittals for traffic control plans per Section 600 and SWPPP plan per Section 3-12.6.

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.

Construction Schedule and Public Notification of Work (Bid Item No. 3) : Payment for “Construction Schedule” will be paid for at the stipulated lump sum price. The stipulated lump sum price paid for Construction Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the com puter hardware and software, tools, equipment, and incidentals; and for doing all the Work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by th ese supplemental provisions and as directed by the Engineer. The Engineer’s determination that each and any Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule.

Payment for Construction Schedule will be made as per Sections 6-1 of these Special Provisions.

Public notification of the work shall be at the contract Lump Sum price and shall include full compensation for conforming to the requirements of Section 3-15 of these Special Provisions. No additional compensation shall be allowed.

Storm Water Pollution Prevention Plan Preparation, Implementation and Maintenance (Bid Item No. 4): Preparation of a Tier 2 City Storm Water Pollution Prevention Plan (Tier 2 SWPPP)

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shall be at the Lump Sum price and shall include full compensation for conforming to the requirements of Section 3-12.6. Implementation and maintenance of the Storm Water Pollution Prevention Plan shall be included in the Lump Sum price and shall be constructed, maintained, and removed as required downstream of the project boundaries , staging areas, and within the project limits. Under no circumstances shall construction runoff enter the storm drain system or adjacent water body without adequate controls in place to capture and trap sediment.

Throughout the duration of the project the Contractor shall provide protection to meet the changing conditions around each drainage inlet. Mitigation measures shall be installed such that ponded runoff does not encroach on the traveled way or overtop the curb. Mitigation measures shall be maintained to provide sediment holding capacity and repaired or replaced as needed.

Sediment deposits, trash, and debris shall be removed and hauled away as needed or when directed by the project inspector. Sediment deposits, t rash and debris shall be removed and hauled offsite. Gravel-filled bags shall be replaced when the bag material ruptures or when the binding fails. Geotextile fabric shall be removed and replaced when torn. The fabric shall also be replaced with clean fabric when odors from stagnant, ponded water are present.

Payment for Storm Water Pollution Prevention Plan Preparation, Implementation and Maintenance shall be made at the lump sum (LS) price and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in developing, implementing, and maintaining the Tier 2 City Storm Water Pollution Prevention Plan , including maintenance, periodic removal of materials, including cleanup and disposal of retained sediment and debris as necessary or as directed by the project inspector. No additional compensation will be allowed.

Temporary Traffic Control (Bid Item No. 5) : Payment for “Temporary Traffic Control” shall be made at the contract lump sum price. This shall include all temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions, temporary barricades, temporary plastic drums, portable flashing beacons, and temporary appu rtenances thereto shown on the plans or required in the specifications and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer.

Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump -sum price bid for traffic control. Payment for installation and/or relocation of K -rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 2-8, Extra Work, SSPWC.

Clearing and Grubbing (Bid Item No. 6): Clearing and Grubbing shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section

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300-1, Clearing and Grubbing, SSPWC and these Special Provisions. No additional compensation shall be allowed.

Street Sweeping and Dust Control (Bid Item No. 7): Special measures shall be required to control the tracking of sediment, grindings, asphalt concrete and other foreign materials from the project boundaries. Streets within the immediate vicinity to the project shall be kept clean at all times during the co nstruction period. Street sweeping shall be conducted where sediment is tracked from the job site. The Contractor shall maintain at least one sweeper on the job site at all times during periods when sweeping work is required. Sweepers shall be self-loading, motorized, and shall have spray nozzles. Sweepers may include a vacuum apparatus.

Mobile sweeping will be required as needed throughout the project duration. Street sweeping shall start at the beginning of clearing and grubbing and shall continue until completion of the project, or as directed by the Engineer. Street sweeping shall be p erformed immediately after soil disturbing activities occur or offsite tracking of material is observed.

Dust control throughout the project will be required. Street sweeping shall be performed so that dust is minimized. If dust generation is excessive or sediment pickup is ineffective as determined by the Engineer, the use of water or a vacuum will be required.

Washing of streets requires that all runoff is trapped, pumped and disposed offsite. Under no circumstances will construction water be permitted to enter the storm drain system.

Construction water entering the existing gutters shall be retained by the placement of sandbags or berms at the ends of each street. Trapped construction water shall be collected removed from the gutters at the end of each workday.

The use of water trucks to control dust should be anticipated, as needed, from the time the cold milling operation begins until re-paving of milled areas is completed.

After slurry is completed, following a two -week curing period, mobile street sweeping on all streets shall be required Twice a week for two weeks and prior to final striping installation.

Post no parking signs prior to street sweeping.

Survey Monument Field Survey, Set Reference Ties, Pre -Construction Corner Record (Bid Item No. 8): A Survey Monument Field Survey, Setting Reference Ties, and filing a Pre -Construction Corner Record or Record of Survey with the County for portions of the work requiring overlay shall be at the contract price per Lump Sum and shall include full compensation for conforming to the requirements of Section 400-2, Permanent Survey Markers, SSPWC . No additional compensation shall be allowed.

Tie Out and Re -Establish Survey Monuments, P ost-Construction Corner Record (Bid Item No. 9): Tying Out and Re -establishing Survey Monuments and filing a P ost-Construction Corner Record or Record of Survey with the County for portions of the work requiring overlay shall be at the contract price Each for each monument requiring re -establishment and shall include full compensation for conforming to the requirements of Section 3-10. No additional compensation shall be allowed.

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Remove Existing Thermoplastic and Pavement Markings (Bid Item No. 10): Payment for removal of thermoplastic, traffic striping, curb markings, and pavement markers as shown on the plans and required by the specifications shall be included in the lump -sum price bid for “REMOVE EXISTING THERMOPLASTIC AND PAVEMENT MARKINGS”, and no additional compensation will be allowed, therefore. The lump sum prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work for the removal of thermoplastic, traffic striping, pavement markings, and pavement markers.

Remove & Replace Median Curb Nose, Including Existing Pavers, Intersection of Palomar Airport Road & Aviara Parkway (Bid Item No. 11) : The contract unit price paid for this bid item shall constitute full compensation to remove and replace Median Curb per City of Carlsbad Standard Drawings GS -11 and GS -18 in accordance with the specifications and contract documents. This includes, but is n ot limited to, protection of adjacent public and private improvements and/or facilities, saw cutting, demolition, removals, disposal, surveying, excavation, subgrade prep, forming, backfill, aggregate base, compaction, removing and replacing 12 inches of pavement adjacent to new curb and gutter, and pavement where median & median curb was removed.

Remove and Reset Concrete Wheel Stop (Bid Item No. 12): The contract unit price paid for this bid item shall constitute full compensation to remove and reset existing concrete wheel stops in the Hope Avenue parking area. The unit price shall include all labor, tools, equipment, materials, and incidentals for performing this scope.

Clear Debris and Fill Void Behind Guardrail on Woodland Way (Bid Item No. 13): The lump sum price paid for this bid item shall constitute full compensation to remove debris from an existing crack in asphalt surface behind a guardrail and adjacent to an asphalt dike and wood fence, then fill the void with Type III -C3-PG 64 -10 asphalt (same mix used for patching throughout the project). See Appendix E for site photos. The lump sum price shall include all labor, tools, equipment, materials, and incidentals for performing this scope.

Localized Full Depth Pavement Section Dig-Out (Bid Item No. 14): Full Depth Pavement Dig-Out shall be measured by the square foot (SF) based on the actual surface area of pavement removed and replaced as shown in Detail B on Sheet 7 and as directed by the Engineer.

The contract unit price per square foot (SF) for full depth pavement dig-out shall constitute full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the work. Work shall include, but not be limited to, sawcutting, pavement removal and disposal, excavation, removal and disposal of existing asphalt concrete and underlying materials, preparation and compaction of the subgrade, furnishing and placing up to twelve (12) inches of class 2 base , furnishing and placing seven (7) inches of hot mix asphalt concrete in lifts as specified, tack coat, compaction, temporary pavement delineation as required, cleanup, and all associated work necessary to complete the repair. Existing pavement thickness at dig-out location is approximately six (6) inches thick. The finished pavement section shall consist of approximately seven (7) inches of hot mix asphalt concrete over twelve (12) inches of Class 2 Aggregate Base, unless otherwise directed by the Engineer.

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No additional compensation will be allowed for excavation, removal of unsuitable materials, or minor variations in repair depth necessary to achieve a stable foundation within the approved repair limits. All costs associated with traffic control, dust control, utility coordination, protection of existing improvements, and disposal of removed materials shall be included in the contract unit price for full depth pavement dig-out.

Payment for full depth pavement dig-out shall be made at the contract unit price per square foot (SF), which shall be considered full compensation for all labor, materials, equipment, and incidentals required to complete the work as specified.

Cold Mill 2" AC Cold Milling And Disposal Of Grindings - For Patching Throughout Project (Bid Item No. 15): The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep asphalt concrete cold milling and disposal of grindings in areas where patching is necessary before slurry sealing; all of which conforming to the requirements in Section 302-5.15 of these Special Provisions . Patching areas are not shown on the plans and will be directed by the City Inspector. The area set forth in the bid item is for estimating purposes only and the final quantities will be measured in the field by the City Inspector.

PROVISIONAL ITEM, AC Cold Milling And Disposal of Grindings – Cost per Inch Greater than 2” Depth (Bid Item No. 16): The contract unit price paid for this bid item shall constitute full compensation for each inch greater than two (2) inches deep asphalt concrete cold milling and disposal of grindings in areas where patching is necessary before slurry seal or overlay of n ew asphalt concrete is shown on the project Plans; all of which conforming to the requirements in Section 302-5.15 of these Special Provisions. The area set forth in the bid item is for estimating purposes only, and if the bid item is used, the final quantities will be measured in the field by the City Inspector.

Cold Mill 1.5" AC and Dispose Grindings - For Overlay Residential (Bid Item No. 17): The contract unit price paid for this bid item shall constitute full compensation for 1.5 inches deep asphalt concrete cold milling and disposal of grindings in areas where overlay of new asphalt concrete is shown on the project Plans; all of which conform to the requirements in Section 302-5.15 of these Special Provisions. No additional compensation shall be allowed.

Cold Mill 2" AC Cold Milling And Disposal Of Grindings - For Overlay Arterial (Bid Item No. 18):

The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep asphalt concrete cold milling and disposal of grindings in areas where overlay of new asphalt concrete is shown on the project Plans ; all of which conforming to the requirements in Section 302-5.15 of these Special Provisions. The area set forth in the bid item is for estimating purposes only and the final quantities will be measured in the field by the City Inspector.

Construct 2" Type III -C3-PG 64-10 AC - For Patching Only (Bid Item No. 19): The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep of asphalt concrete (AC) where patching is necessary before slurry sealing; all of which conform to the requirements in Section 203 -6, Asphalt Concrete, SSPWC and of these Special Provisions . The amount of AC set forth in the bid item is for estimating purposes only and the final quantities will be measured and calculated in the field by the City Inspector.

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Construct 1.5" Type III-C3-PG 64-28 AC - For Overlay Residential (Bid Item No. 20): The contract unit price paid for this bid item shall constitute full compensation for 1.5 inches deep of asphalt concrete (AC) in areas where overlay is shown on the project Plans; all of which conform to the requirements in Section 203 -6, Asphalt Concrete, SSPWC and of these Special Provisions . No additional compensation shall be allowed.

Construct 2" Type III-C3-PG 64-28 AC - For Overlay Arterial (Bid Item No. 21): The contract unit price paid for this bid item shall constitute full compensation for two (2) inches deep of asphalt concrete (AC) in areas where overlay is shown on the project Plans; all of which conform to the requirements in Section 203 -6, Asphalt Concrete, SSPWC and of these Special Provisions . No additional compensation shall be allowed.

Crack Seal Streets with Hot Applied Crack Sealant and DETACK De -Tackifier (Bid Item No. 22):

The contract unit price paid for this bid item shall constitute full compensation for each box of Elastoflex 670 (Polyskin) crack sealant conforming to the requirements of Section 203-10 & 302-

17.4 of these Special Provisions. Any material substitutions MUST be approved by City Engineer.

Line item shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in these Special Provisions. This bid item shall also include costs for furnishing all labor, tools, equipment, and materials necessary for applying DETACK detackifier on all crack seal immediately following application. The number of boxes of crack seal set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector.

Crack Routing as Directed by City Inspector (Bid Item No. 2 3): The contract unit price paid for this bid item shall constitute full compensation for routing by linear feet and conform to the requirements of Section 203-10 and Section 302-17.4 of these Special Provisions. Equipment shall be Crafco Model 30 or equivalent model as approved by City Inspector. This bid item shall include, but not be limited to, furnishing all labor, tools, equipment, and materials necessary for doing the work as outlined in these Special Provisions. The quantity of routing set forth in the bid item is for estimating purposes only and the final quantities will be measured in the field by the City Inspector.

Slurry Seal, Type I PMCQS-1H-EAS w/ 2.5% Polymer by Weight of Residual Asphalt and 0.15% Fiber on dry aggregate basis (Bid Item No. 24): The contract unit price of ton (T) paid for this bid item shall constitute full compensation for furnishing all material, labor, equipment, mixing, tools, temporary pavement markers, rolling, surface preparation, cleanup, and all other incidentals necessary to place polymer modified Type I slurry seal with fiber conforming to the requirements of Sections 203-3, Emulsified Asphalt, SSPWC; 302-4, Slurry Seal Surfacing, SSPWC; and these Special Provisions.

Prior to slurry seal application, manhole covers, utility vaults, valve covers, survey monuments, benchmarks, and the surfaces of other utility facilities within the limits of work shall be protected with a covering material approved by the Engineer. The Contractor shall maintain such protection during slurry seal operations and shall immediately remove any slurry material deposited on these facilities at no additional cost to the Agency.

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The slurry sealed areas shall be subjected to a minimum of three (3) full coverage passes of a self- propelled 10-ton pneumatic roller with a tire pressure of 50 psi and equipped with a water spray system, prior to allowing public traffic on the new surface . Rolling shall not commence until the slurry has cured sufficiently so that it will not pick up on the tires of the roller. The rolling shall commence within 30 minutes of the slurry seal curing sufficiently. The sealed surface shall not show separation of the emulsion and aggregate after setting.

Temporary pavement markers shall be placed at the beginning and end of all line striping. Spacing for markers shall be at 50 -foot intervals on straight sections and at 25 -foot intervals on curved sections of the street. All temporary pavement markers shall be maintained and replaced as needed until the permanent striping is completed. All temporary markers shall be removed immediately before permanent striping is commenced on each street. In no case shall permanent striping begin before all temporary markers have been removed and disposed of off site.

Measurement and payment for this bid item shall be per SSPWC section 302-4.11 through 302-

4.11.2 and 302-4.12 through 302-4.12.2, respectively. Type I slurry seal w/ fiber will be placed as illustrated on the project Plans. No additional compensation shall be allowed.

Slurry Seal, Type II PMCQS-1H-EAS w/ 2.5% Polymer by Weight of Residual Asphalt (Bid Item No. 25): The contract unit price of ton (T) paid for this bid item shall constitute full compensation for furnishing all material, labor, equipment, mixing, tools, temporary pavement markers, rolling, surface preparation, cleanup, and all other incidentals necessary to place polymer modified Type II slurry seal conforming to the requirements of Sections 203-3, Emulsified Asphalt, SSPWC; 302- 4, Slurry Seal Surfacing, SSPWC; and these Special Provisions.

Prior to slurry seal application, manhole covers, utility vaults, valve covers, survey monuments, benchmarks, and the surfaces of other utility facilities within the limits of work shall be protected with a covering material approved by the Engineer. The Contractor shall maintain such protection during slurry seal operations and shall immediately remove any slurry material deposited on these facilities at no additional cost to the Agency.

The slurry sealed areas shall be subjected to a minimum of three (3) full coverage passes of a self- propelled 10-ton pneumatic roller with a tire pressure of 50 psi and equipped with a water spray system, prior to allowing public traffic on the new surface . Rolling shall not commence until the slurry has cured sufficiently so that it will not pick up on the tires of the roller. The rolling shall commence within 30 minutes of the slurry seal curing sufficiently. The sealed surface shall not show separation of the emulsion and aggregate after setting.

Temporary pavement markers shall be placed at the beginning and end of all line striping. Spacing for markers shall be at 50 -foot intervals on straight sections and at 25 -foot intervals on curved sections of the street. All temporary pavement markers shall be maintained and replaced as needed until the permanent striping is completed. All temporary markers shall be removed immediately before permanent striping is commenced on each street. In no case shall permanent striping begin before all temporary markers have been removed and disposed of off site.

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Measurement and payment for this bid item shall be per SSPWC section 302 -4.11 through 302-

4.11.2 and 302-4.12 through 302-4.12.2, respectively. Type I slurry seal w/ fiber will be placed as illustrated on the project Plans. No additional compensation shall be allowed.

Signing, Striping, Thermo, and RPMs per Plans and Caltrans Details (Bid Item Nos. 26 – 46): The contract lump sum prices paid for under these bid item s (26 – 46) shall constitute full compensation to furnish and install Striping, Thermo, and RPMs per Plans and Caltrans Details and in accordance with the plans, contract documents, and in conformance with Section 214-4, 214-5, and Section 314-3. This includes but is not limited to green traffic paint as specified in Section 214-4.3 of these Special Provisions. No additional compensation shall be allowed.

Install Blue Fire Hydrant Reflective Pavement Markers (Bid Item No. 47): The contract unit price paid for this bid item shall constitute full compensation to furnish and install blue fire hydrant reflective pavement markers in accordance with the plans, contract documents, and in conformance with Section 214 -6, Pavement Markers, SSPWC . The number of blue fire hydrant reflective pavement markers set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector.

Replace Water Valve and Survey Monument Boxes and Adjust to Grade (Bid Item No. 48): The contract unit price paid for this bid item shall constitute full compensation to replace water valves and survey monument boxes and adjust them to grade in accordance with the plans, contract documents, and in conformance with Section 302-5.15 of these Special Provisions. The number of water valves and survey monument boxes set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector.

Adjust Manholes to Grade (Bid Item No. 49): The contract unit price paid for this bid item shall constitute full compensation to adjust manholes to grade in accordance with the plans, contract documents, and in conformance with Section 302 -5.15 of these Special Provisions. The number of manhole boxes set forth in the bid item is for estimating purposes only and the final quantities will be accounted for in the field by the City Inspector.

END OF SECTION

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00 74 00 AGENCY SUPPLEMENTAL PROVISIONS TO GREENBOOK

INTRODUCTION
The Specifications contained in this 00 7400 Agency Supplemental Technical Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, "The Greenbook" 2024 edition and all errata. This specification addresses the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these Specifications shall control.

The Greenbook may be purchased at Bidder/Contractors local technical bookstore or directly from the publisher. These Agency Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies.

When used in the Contract Documents, statements or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The Specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall .” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s .” After award, interpret sentences written in the imperative mood starting with “The Contractor shall .” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

PART 2 CONSTRUCTION MATERIALS

SECTION 203 – BITUMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT
203-3.1 General.

Replace the entire subsection with the following:

For slurry seal, emulsified asphalt shall be polymer modified emulsion. It shall contain polymer mixed with a paving asphalt uniformly emulsified with water and an emulsifying or stabilizing agent. The polymer shall be neoprene, or butadiene and styrene copolymer. The polymer must be homogenous and milled into the emulsified asphalt at the colloid mill. Polymer modified emulsion shall contain a minimum of 2.5% polymer by weight of residual asphalt, as determined by Caltrans Test 401. A Certificate of Compliance conforming to 4-1 of the Greenbook shall be submitted to the Engineer prior to application. 203-6 ASPHALT CONCRETE.
203-6.1 General.

Add the following:

Asphalt Concrete (AC) shall be Type III-C3-PG 64-10. No more than 15% RAP shall be used in the AC mix used for patching.

203-6.3 Job Mix Formula (JMF) and Mix Designs.
203-6.3.1 General
Add the following:

Asphalt Concrete (AC) shall be Type III-C3-PG 64-10 for both base course and surface course.

No more than 15% RAP is allowed in any AC mixes used for base course or full width overlay.

203-6.4 Asphalt Concrete Mixtures.
203-6.4.4 Composition and Grading.

ADD the following:

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

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

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 Type III Asphalt Concrete Mixtures.

203-6.5.4 Table.

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

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

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:

1. Aggregate samples for batch plants shall be taken from the hot bins. Aggregate samples for dryer­drum plants shall be taken in advance of the dryer -drum 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

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

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%. T he 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, fina l acceptance of plant produced mixtures may be based upon binder content, stability and air void values.

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. 203-7 NOT USED
Add the following:
203-7 EMULSION -AGGREGATE SLURRY
203-7.1 General.

Add the following:

Emulsion-Aggregate Slurry shall be polymer-modified (min 2.5% polymer by weight of residual asphalt), cationic quick-set (PMCQS-1h) and shall conform to the requirements of 203-3, and 302-4 of the Greenbook.

A Certificate of Compliance conforming to 4-1.5 of the Greenbook shall be submitted to the Engineer prior to application.

ADD 203-10 ASPHALT PAVEMENT CRACK SEALANTS.
203-10.1 Hot Pour Crack Sealant and Routing.

Crack sealant shall be Elastoflex 670 (Polyskin) at 70 boxes per pallet. DETACK detackifer shall be used on all crack seal immediately following application – Unit: Box

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

The Contractor will rout cracks as directed by the City Inspector. All cracks will be crack sealed, whether routed or not. The Contractor shall thoroughly clean and seal all cracks and joints in the pavement and apply hot applied crack sealant. The Contractor shall provide hot applied Elastoflex 670 (Polyskin) crack sealant at 70 boxes per pallet. DETACK detackifer shall be used on all crack seal immediately following application.

The Contractor shall use “V” squeegees to strike off excess material from the street surface and shall use DETACK detackifier to spray all crack sealant immediately after the material is squeegeed.

The Contractor will be required to maintain all traffic, through and local, as required.

Accordingly, the Contractor will not be allowed to seal more than one-half the roadway width at any given time. The Contractor shall post “No Parking” signs on each street 48 hrs. prior to routing and/or crack sealing.

It shall be the responsibility of the Contractor to provide, install and maintain signs, lights, flagmen, barricades, arrow boards and other devices as may be necessary to properly protect the work and to provide for safe and convenient travel by the public through the construction area. Flagmen shall use “STOP” and “SLOW” paddles and shall be properly attired and equipped with safety devices.

The Contractor shall use a mobile street sweeper to clean the street after the routing is completed per street and before the street is crack sealed. The Contractor shall blow out all cracks and joints with an air compressor with wand attachment with a nozzle pressure of at least 125 psi. On cracks that have existing weeds growing within, if the weeds are not removed during routing, the Contractor shall use a “Billy goat” or similar machine equipped with a wire brush wheel to remove the weeds or shall use a heat lance capable of providing air temperatures of 2500 degrees F and will be required to remove all forms of vegetation and moisture ahead of the sealing operation. All joints and cracks must be dry and free of moisture before installation of the crack sealant. The crack sealing material shall not be applied when the weather is foggy or when rain threatens.

The sealant shall be supplied in solid form which, when melted and properly applied with a squeegee, forms a resilient and adhesive compound that will effectively seal cracks and joints in asphalt concrete pavement. The sealant shall have a minimum pot application life of twelve hours and have re-heat capability at least one time after initial heat-up.

Router(s) shall be Crafco Model 30 or approved equal. The router shall provide a 1/2” wide cut and be set to cut 3/4” depth. The City Inspector will direct the Contractor on which cracks to route on each street and will measure the length of each routed crack for payment purposes.

Payment for routing will be per linear foot of routed crack.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

203-16 Polymer Modified Asphalt Concrete (PMAC).
203-16.1 General.

DELETE in its entirety and REPLACE with the following:

1. PMAC shall be the product of mixing mineral aggregate and up to 15% RAP with polymer modified paving asphalt at a central mixing plant.
203-16.3 Job Mix Formulas and Mix Designs.

ADD the following:

1. Contractor shall submit for approval an asphalt concrete mix design per Greenbook Section 203-6.3. The asphalt concrete mix design method shall be Hveem with the optimal binder content determined by California Test 367. The mix design shall conform to Greenbook Table 203-6.4.4 for gradation, and the above MODIFIED (DESIGN CRITERIA) table. 203-16.4.3 Composition and Grading.

DELETE in its entirety and REPLACE with the following:

1. Composition and grading shall conform to 203-6.4.4.
203-16.9 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 requirements 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. 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.

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, fina l acceptance of plant produced mixtures may be based upon binder content, stability, and air void values.

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.

SECTION 211 – MATERIAL TESTS
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 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.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS.

Add the following section:
214-4.3 Paint for Traffic Striping, Pavement Marking, and Curb Marking.

Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No.

PTWB-01R2. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. PTH-02ALKYD. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic materia l and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000.

Green traffic paint shall be RoadMax RMP 100 Series Green Paint or approved equal. Paint shall meet federal spec TT -P-1952F Type II. Green paint code and swatch shall be submitted for City approval prior to installation.

PART 3 CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General.

Add the following:

Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, retaining walls, asphalt concrete and aggregate base, asphalt dike, concrete curb and gutter, concrete sidewalk, existing ga te, existing headwalls, rip -rap, traffic signs, sawcutting, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing.

300-1.2 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 square foot and each occurrence of branch removal . For estimating purposes only, assume 1,000 square feet of root removal and removal of five branches varying in diameter from four inches to sixteen inches.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

300-1.4 Payment.

DELETE the second sentence.
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 bi d 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 mak e all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 600 mm (2’) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation g rading 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. 300-3 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 temporary 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 shown on the plans and as directed by the Engineer. Replace the material with Class 2 AB and compact it as specified for structure backfill in section 19-3.03E, Structure Backfill,” of the State of California Department of Transportation Standard Specifications. The relative compaction must be at least 95 percent.

300-4 UNCLASSIFIED FILL.
300-4.10 Payment.

Replace with the following:

Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions, and all work included in Section 300 -4 shall be included as an incidental to the payment for unclassified excavation and no additional compensation will be made therefore.

300-9 GEOTEXTILES FOR EROSION CONTROL.

ADD 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

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

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 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, fiber rolls, inlet protection, hydraulic mulch, street sweeping, concrete washouts, 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", Latest edition as publis hed by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", Latest edition on the project site and shall conduct its operations in conformity to said Handbook.

Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following:
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 pav ed 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.

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.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE

MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade.

Modify the second and third paragraphs as follows: Change each instance reading “6 inches (150mm)” to “12 inches (300 mm)”.
301-1.3 Relative Compaction.

Delete the first paragraph and substitute the following: The Contractor shall compact the upper 12” (300 mm) of subgrade beneath areas to be paved, have base or subbase material placed on them (including pipelines), or curb, gutter, curb and g utter, alley pavement, driveway, sidewalk constructed over them, to no less than 95 percent maximum dry density as determined by ASTM test D-1557-12.
301-1.7 Payment.

Modify the first paragraph as follows: Payment for subgrade preparation shall be incidental to the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed.

SECTION 302 - ROADWAY SURFACING
ADD the following: 302-1 GENERAL.
302-1.1 Vegetation Treatment.

1. The Contractor shall treat all vegetation within the limits of the paved area to be surfaced with a n herbicide that complies with the City’s Integrated Pest Management program.

Herbicide shall be applied at least 2 Working Days prior to surfacing the street. Allowance for the 2-day period shall be shown in the schedule required per section 6 -1. Payment for pavement surfacing shall include tree trimming and herbicide treatment of the areas to be surfaced and no extra payment will be made for tree trimming and herbicide treatment. 302-1.2 Coordination.

1. The Contractor shall schedule the Work so as to prevent damage by all traffic. The Contractor shall not schedule Work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Republic Services at (760) 332-6464. At least 2 weeks prior to Work, Contractor shall send, by first class mail, postcards to all property addresses within 600-feet of the Work. Obtaining the appropriate addresses shall be the Contractor’s responsibility. A sample postcard has been provided in Appendix B to be used as an example. The postcard should provide the name of the Contractor and a 24-hour phone number for residents to call if they have any issues or questions.

2. For postcards, they shall be prepared on 80-lb silk cover or equivalent durability, have a size of 4-inch x 6-inch, be white in color, and have a thickness of 0.0090

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

3. During operations, the Contractor’s schedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 900-foot distance from their homes or businesses.

4. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, a ll 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.

5. The Contractor shall deliver the notification which shall state the date and time the Work will begin and its anticipated duration. The notification shall list 2 telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 -hour number answered by a representative of the Contractor who is knowledgeable about the Project. At least 1 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.

6. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point.

The precut notices shall be as shown on the example provided in Appendix “ B,” with appropriate information specific to the Work inserted at the locations indicated in the blank fields.

7. The preparation, materials, printing, delivery and distribution of the postcards, door hangers and notifications shall be included in the contract price Bid for Construction Schedule and Public Notification of Work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-4 SLURRY SEAL SURFACING
302-4.2 Mix Design(s).
302-4.2.1 General.

DELETE the last paragraph and REPLACE with the following:

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 200-1.7.2. 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.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023

302-4.8 Scheduling, Public Convenience and Traffic Control.

Add the following:

The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Republic Services at (760) 332-6464. The Contractor shall accommodate mail delivery to residences and businesses during the work.

At least two weeks prior to work, Contractor shall send, by first class mail, notification letters/ mailers to all property addresses on which resurfacing shall occur, and within a 600 foot radius of the streets being resurfaced. Obtaining the appropriate addresses shall be the contractor’s responsibility. A sample letter shall be provided by the city and the Contractor shall use the city’s sample letter with appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter.

During resurfacing operations, the Contractor’s schedule shall be designed to provide residents and business owners sufficient paved parking within a 900 feet distance from their homes or businesses.

Seventy-two hours prior to the start of any construction in the public right -of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contract shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified.

The Contractor shall deliver the 72 -hour advance notification door hanger which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hours number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be i n 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 use the sample door hanger provided by the city and submit door hangers to the Inspector for approval. Notices shall not be distributed until approved by the Inspector.

The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3 ½ inches by 8 ½ inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65lb card stock. The printing on the notice shall be no smaller than 12 points. The door hangers shall show the street name, date, time, phone numbers, and appropriate information specific to the work inserted.

00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: August 14, 2026 Document Version: 1.0 Current Update: May 2023