Agenda packet — Seaside City Council, June 1, 2023 (part 3 of 3)

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Exhibit A
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RFP –Pavement Base Repairs (Hot Spot) Project 1
pwfiles\CIP\Active Projects\Pavement Rehab\Dig Out Evaluations\RFP\ScopeOfWork_230330.docx

REQUEST FOR PROPOSAL
2023 PAVEMENT BASE REPAIRS (HOT SPOT) PROJECT
The City of Seaside (City) is seeking to retain qualified professional engineering services for the preparation of design and construction bid documents for the 2023 Pavement Base Repair (Dig Out) Project (Project). The City developed a list of proposed dig out locations attached hereto as Attachment A.

Proposal shall provide a clear and concise detailed approach to providing the required services identified in the scope of work below. Provide a proposed schedule for delivery tied to the scope of work. Indicate deliverables to be submitted at each milestone. A progress meeting should be held after each submittal. Provide cost proposal for each task.

The fee for services will be a lump sum billed by percentage of task completed.

SCOPE OF WORK
Task 1 – Design Services

1. Conduct kick-off meeting with city staff. This meeting will allow for introduction of project team, discussion of scope of work, receipt of project information, and discussion of project schedule.

2. Consultant shall prepare and attend progress meetings with City staff after each design submittal. Meeting minutes will be prepared by Consultant and forwarded to city personnel within one day of the meeting.

3. Conduct site investigation and evaluate the pavement condition, identify and quantify base repair (dig out) areas for all locations identified by the City and attached hereto as Attachment A.

4. Design base repair improvements based upon the site investigation and evaluation of the proposed dig out locations.

5. Prepare scaled engineering drawings, technical specifications and probable construction cost (PS&E). Submittals shall be made at the 90%, and 100% Final PS&E stages for city staff review and approval. Final submittal shall be made after city’s approval of 100% Final PS&E as specified below:
 One (1) original set of the plans. Plans shall be signed and stamped by a licensed Civil Engineer. Plans shall be in 24”x36” format, at a scale not less than 1 inch = 20 feet.
 One (1) original of the construction specifications (unbound) shall be provided.  One (1) original of the construction cost estimate shall be provided.

Exhibit B
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RFP –Pavement Base Repairs (Hot Spot) Project 2
pwfiles\CIP\Active Projects\Pavement Rehab\Dig Out Evaluations\RFP\ScopeOfWork_230330.docx  Electronic (Digital) versions of the plan, specifications and estimate shall be provided in Adobe PDF, MS Excel, and AutoCAD dwg format, as appropriate.

6. Provide advertising and bid support. Prepare changes to the construction contract documents, including plans, specifications, and estimates to the level of detail appropriate for an addendum during the bidding period.

Task 2 – Design Support During Construction
The selected consultant shall provide support services during the period of construction contract administrations as requested by the City for the purposes of clarifying design elements and contract requirements for the construction of the project. The design support during construction services include but not limited to the following:

1. Reviewing shop drawings and other submittals required for the administration of the construction contract as requested by the City. Consultant shall review or take other appropriate action required by Contractor’s submittals as requested by City, including any re-design if appropriate.

2. Respond to Requests for Information (RFI’s) – Respond to the Contractor’s RFI’s and provide clarifications of the Plans, Specifications, and Estimate (PS&E) documents for the Project.

3. Attend, or otherwise participate via telephone, meetings as requested by the City during the period of construction contract administration.

4. Provide General Support services during the construction phase as requested by the City, such as participate in regular and ad-hoc project meetings; responding to telephone, electronic mail, or written inquiries from the City; and provide general administrative support.

5. Prepare modifications and adjustments to plans to facilitate safe operations and assist with other potential changes as they may arise.

6. Prepare as-built record drawings for the project based on contractor redlines and CCO’s that were prepared during the course of construction. As-built record drawings shall be prepared within sixty (60) calendar days from the Consultants receipt of one clean, complete set of redlined plans from the Contractor.

7. Record the pavement base repairs in the City’s Streetsaver program.

Attachments
A. Hot Spot Location list
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Attachment A
Hot Spot Locations List
Public Works Crew List
# Location Notes
1 775 Trinity Avenue at driveway2 Calaveras @ Sonoma near Auto Zone3 Calaveras @ Amador4 Elm @ Fremont east of Fremont on Elm5 Middle of Elm & Terrace6 1189 Elm7 Intersection of Elm & San Lucas questionable8 1267‐1272 Elm questionable9 1020 Trinity 10 932 Trinity11 906 & 916 Trinity12 Trinity west of Virginia13 900 Block of Wanda East of Viriginia14 Hamilton @ Fremont East of Fremont15 1022 Palm toward Fremont16 Baker north of Clementina to Birch17 Waring north of La Salle at stop bar18 Santa Clara @ Waring at corner19 Waring @ Mira Monte20 Luzern @ Mira Monte21 2000 block of Waring between Ord Grove and Military22 Circle Avenue Waring to Grandview23 Metz Waring to Grandview24 Yosemite north of La Salle at stop bar25 Del Monte between Clementina to Contra Costa southbound lanes26 Imperial @ Amador27 375 Amador28 Elm @ Imperial 29 Elm @ Imperal (EB)30 Imperial @ Palm needs v gutter(?)31 Elm @ Amador32 Hilsdale @ Amador33 Ord Grove @ Luxton corner34 Yosemite @ Ord Grove Packet Page 523
Exhibit A
Hot Spot Locations List
See Click Fix
Parsed street and number Address Description
1 2000 Grandview St 2000 Grandview St Seaside CA 93955, United States Please remove large roots protruding through asphalt and repave 2 1148 Isabelle Ct 1148 Isabelle Ct Seaside CA 93955, United States Isabelle Ct is in need of repaving 3 2005 Cross St 2005 Cross St Seaside, CA, 93955, USA Major road damage in the 1400 block of Ord Grove. East bound lanes 4 Williams Ave Williams Ave Seaside, California, 93955 Home owner reporting potholes in he alleyway behind Williams.5 1086 Hamilton Ave 1086 Hamilton Ave Seaside, California, 93955 Alley behind property is really bad and needs repaving/pothole filling as soon as possible. 6 645 Hamilton Ave 645 Hamilton Ave Seaside CA 93955, United States Hole in the road7 1623 Darwin St 1623 Darwin St Seaside CA 93955, United States Very rough potholes8 1100‐1198 Carson St 1100‐1198 Carson St Seaside, CA, 93955, USA street has potholes and faulty patches9 1214 Harcourt Ave 1214 Harcourt Ave Seaside, California, 93955 Kindly asking for service completing please fix pothole 10 924 Harcourt Ave 924 Harcourt Ave Seaside, CA, 93955, USA The entire alleyway is filled with potholes and can really use some maintenance 11 Lightfighter Dr Lightfighter Dr Seaside, CA, 93955, USA Pothole on Lightfighter after turning right from 2nd Avenue heading west 12 1148 Isabelle Ct 1148 Isabelle Ct Seaside CA 93955, United States Isabelle Ct is full of potholes Extremely dangerous for the multiple motorcyclists that live on the street Your repairs last a week or two Please repave this dangerous street ASAP! 13 1391 Alhambra St 1391 Alhambra St Seaside CA 93955, United States Multiple potholes, needs repaving14 1357 Circle Ave 1357 Circle Ave Seaside CA 93955, United States Potholes15 2040 Grandview St 2040 Grandview St Seaside CA 93955, United States Hundreds of potholes16 1365 Circle Ave 1365 Circle Ave Seaside, CA, 93955, USA Potholes deep enough to pop tires. 8” deep in a few. Difficult to navigate around them as the entire section is riddled. 17 1124 Carson St 1124 Carson St Seaside, California, 93955 Multiple potholes in the cul‐de‐sac have been made worse by storms.

They are a hazard to cars, bicycles and pedestrians, with bicycles and motorcycles particularly at risk for pothole‐caused accidents, as the street is not well‐lit. 18 535 Harcourt Ave 535 Harcourt Ave Seaside, CA, 93955, USA19 1300‐1398 Metz Ave 1300‐1398 Metz Ave Seaside, CA, 93955, USA Deep enough to plant a tree! There is more than 2 huge holes. Large enough to fit a tire! 20 300‐398 Roberts Ave 300‐398 Roberts Ave Seaside, CA, 93955, USA The potholes are huge on this street right now. 21 1357 Circle Ave 1357 Circle Ave Seaside, California, 93955 Plenty of potholes. Please fix ASAP, hard to drive around and it’s all over the road 22 1600‐1610 Terrace St 1600‐1610 Terrace St Seaside, CA, 93955, USA Caller reported a large hole on Terrace Street as you come out of the Post Office parking lot. 23 1458 Terrace St 1458 Terrace St Seaside CA 93955, United States Please repair pothole on Terrace, Street in Amador Avenue. 24 1088 Palm Ave 1088 Palm Ave Seaside CA 93955, United States Please repair potholes on the corner of Terrace, and Elm Street25 355 Amador Ave 355 Amador Ave Seaside CA 93955, United States Please repair potholes in front of 375 Amador 26 1441 Canyon del Rey Blvd 1441 Canyon Del Rey Blvd Seaside CA 93955, United States Please repair pothole on the corner of Sonoma at Canyon Delray 27 400 Trinity Ave 400 Trinity Ave Seaside CA 93955, United States Medium size pothole 28 1373 Metz Ave 1373 Metz Ave Seaside CA 93955, United States This one is so close to where they rebuilt the road 29 1348 Ord Grove Ave 1348 Ord Grove Ave Seaside CA 93955, United States Large pothole in the road. Eastbound Ord Grove Packet Page 524
Exhibit A
Hot Spot Locations List
30 370 Trinity Ave 370 Trinity Ave Seaside CA 93955, United States Potholes at curbside 31 1200 Elm Ave 1200 Elm Ave Seaside, CA 93955, USA Entire intersection full of potholes impossible to avoid 32 1348 Ord Grove Ave 1348 Ord Grove Ave Seaside CA 93955, United States Large pothole behind my driveway. Eastbound Ord Grove. Hoping will take extra measures to repair it as when it opens it is very hard to avoid when entering/exiting driveway 33 1898 Fremont Blvd 1898 Fremont Blvd Seaside, CA, 93955, USA There are two very deep potholes in the parking lot at 1900 Fremont. The holes are deep enough that they can do damage to cars
34 1200 Yosemite St 1200 Yosemite St Seaside, CA 93955, USA Pothole on southbound lane at corner of Yosemite and Wanda.35 614‐698 Elm Ave 614‐698 Elm Ave Seaside, CA, 93955, USA The big pot hole in our road was only half filled and is still causing issues.

Thank you.
36 1902 Fremont Blvd 1902 Fremont Blvd Seaside, CA, 93955, USA Very dangerous potholes37 901–921 Elm Ave 901–921 Elm Ave Seaside CA 93955, United States Major potholes at Elm and Fremont Blvd. 38 1389 Ord Grove Ave 1389 Ord Grove Ave Seaside CA 93955, United States One of several potholes on Ord Grove Th39 2006 Waring St 2006 Waring St Seaside CA 93955, United States This pothole is large and deep There are many potholes on Waring just north of Ord Grove 40 540 Williams Ave 540 Williams Ave Seaside CA 93955, United States Please fill pothole in front of driveway of 535 Williams St 41 1109–1113 Canyon del Rey Blvd 1109–1113 Canyon Del Rey Blvd Seaside CA 93955, United States Please fill potholes on CDR and Marin 42 933 Trinity Ave 933 Trinity Ave Seaside CA 93955, United States Please fill pothole 43 1089 Trinity Ave 1089 Trinity Ave Seaside CA 93955, United States Please fill potholes in front of 1080 Trinity Ave. 44 1375‐1399 Sonoma Ave 1375‐1399 Sonoma Ave Seaside, CA, 93955, USA Huge pothole on Sonoma and Luxton. I was heading towards Waring and it jolted my truck! 45 1317 Military Ave 1317 Military Ave Seaside CA 93955, United States Please repair pothole in front of 1317 military 46 1910 Fremont Blvd 1910 Fremont Blvd Seaside CA 93955, United States Please fill potholes in Alley behind the reef on south side of Fremont 47 1401–1599 Alta Vista Ct 1401–1599 Alta Vista Ct Seaside CA 93955, United States Pot holes 48 1132‐1148 San Pablo Ave 1132‐1148 San Pablo Ave Seaside, CA, 93955, USA Across from Dollar Tree and Rodriguez building maintenance. Would suggest paving portion of the road due to high traffic. 49 1601 Alhambra St 1601 Alhambra St Seaside CA 93955, United States There are three large deep potholes and a long one not in photo just outside the city facility in the "alley" across the street from the Goodwill Packet Page 525
Hot Spot Pavement Repair EXHIBIT C

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.

Note: Verify minimum limit for each coverage with Risk Manager.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

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Hot Spot Pavement Repair EXHIBIT C
Note: If the required limits for general liability, auto and employer’s liability are $1 million or less, the following paragraph may be omitted.

Umbrella or excess liability insurance. [Optional depending on limits required].

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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Hot Spot Pavement Repair EXHIBIT C
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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Hot Spot Pavement Repair EXHIBIT C
Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Agency for review.

Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Agency.

Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.D.

TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Nisha Patel, Public Works Director/City Engineer
Leslie Llantero, Assistant Engineer
DATE: June 1, 2023
SUBJECT: ADOPT A RESOLUTION APPROVING THE PLANS AND

SPECIFICATIONS FOR ORD TERRACE ELEMENTARY SCHOOL

CROSSING IMPROVEMENTS PROJECT, APPROPRIATING
$99,938.00 FROM THE GENERAL FUND TO THE PROJECT,

AWARDING A CONSTRUCTION CONTRACT TO COASTAL
PAVING AND EXCAVATING INC. FOR AN AMOUNT NOT TO
EXCEED $158,417.00 AND A TOTAL PROJECT CONSTRUCTION
COST INCLUDING CONTINGENCY OF $182,180.00

RECOMMENDATION
Adopt a resolution approving the plans and specifications for Ord Terrace Elementary School Crossing Improvement Project, appropriating $99,938.00 from the General Fund to the project, awarding a construction contract to Coastal Paving and Excavating Inc. for an amount not to exceed $158,417.00, establishing a 15% contingency for a total project construction amount of $182,180.00, and authorizing the City Manager to execute the construction contract and any amendments, extensions, and change orders until completion of the project in accordance with the plans and specifications up to the total project construction amount.

BACKGROUND
Ord Terrace Elementary School (School) is a public school located at 1775 La Salle Avenue. Heavy traffic congestion is experienced during the morning and afternoon drop off and pick up periods. Monterey Peninsula Unified School District (District) is in the process of redesigning the bus and student loading and unloading zones in addition to visitor and staff parking and is prepared to begin construction this summer. After several meetings with the school district, a project was developed to assist with the traffic congestion and safety of the students.

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Item No. 10.D. Page 2 of 3
On December 1, 2022, the City Council awarded a design contract to Parisi Transportation Consulting to develop crosswalk improvements in conjunction with the District's proposed improvements. The design includes a curb extension for the southwest curb ramp for the crosswalk on La Salle Avenue at Lindberg Court, median refuge with an offset crossing, rectangular rapid flashing beacons (RRFBs), modifying the corresponding pavement markings, roadway delineators, and school area signage.

The design was completed and the Ord Terrace Elementary School Crossing Improvement Project (Project) was released for construction bids on April 20, 2023, and bids were opened on May 16, 2023. Bids were received from the following three contractors:

Contractors Base Bid
Coastal Paving & Excavating Inc. $158,417.00
Monterey Peninsula Engineering $256,995.00
Don Chapin Company $244,855.00
Based upon an evaluation of bid documents received, Coastal Paving & Excavating Inc. was the lowest responsive and responsible bidder, with a total bid of $158,417.00 and has satisfactorily completed similar work projects for other municipalities. Staff recommends a construction agreement for this Project be awarded to Coastal Paving & Excavating Inc.

ENVIRONMENTAL COMPLIANCE
Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines. This project is Categorically Exempt (Class 1, Existing Facilities). The project repairs and performs upgrades to the street and sidewalk and involves negligible or no expansion of use.

FISCAL IMPACT
The proposed construction agreement with Coastal Paving & Excavating Inc. is a not to exceed amount of $158,714.00. In addition, a construction agreement contingency of 15%, or $23,763.00 is required for expenses from unforeseeable issues that arise during construction. The engineer's estimate, without construction contingency, for construction of the project, was $152,045.00.

The adopted FY 2021/2023 budget for Traffic Calming was $50,000 (account 212-8960- 9580). On December 1, 2022, council awarded a professional services agreement with Parisi Transportation Consulting to design and prepare bid documents for the Project.

At the same meeting, based upon preliminary estimates for construction costs, an Packet Page 534

Item No. 10.D. Page 3 of 3
additional amount of $150,000.00 was approved for the Project. Other expenses that are needed for the Project include a professional service agreement with Wallace Group to provide construction management and inspection services for an amount up to $45,293.00. Engineering will need $2,000.00 set aside for public notification and other project related outreach costs. With the mentioned costs and the construction cost, the additional budget required to deliver the project is $99,938.00.

Staff recommends adopting a resolution approving the plans and specifications for Ord Terrace Elementary School Crossing Improvement Project, appropriating $99,938.00 from the General Fund to the Project, awarding a construction agreement to Coastal Paving & Excavating Inc. for an amount not to exceed $158,417.00, establishing a 15% contingency for a total project Project construction amount of $182,180.00, and authorizing the City Manager to execute the construction contract and any amendments, extensions, and change orders until completion of the Project in accordance with the plans and specifications up to the total project construction amount.

ATTACHMENTS

1. Resolution

2. Construction Contract

3. Conform Plans

4. Conform Specifications
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE PLANS AND SPECIFICATIONS FOR ORD TERRACE

ELEMENTARY SCHOOL CROSSING IMPROVEMENTS PROJECT,
APPROPRIATING $99,938.00 FROM THE GENERAL FUND TO THE PROJECT,

AND AWARDING A CONSTRUCTION CONTRACT TO COASTAL PAVING & EXCAVATING INC. FOR AN AMOUNT NOT TO EXCEED $158,417.50 AND TOTAL PROJECT CONSTRUCTION COST, INCLUDING A 15% CONTINGENCY OF $182,180.00
WHEREAS, Ord Terrace Elementary School is located at 1775 La Salle Avenue and is experiencing heavy traffic congestion during morning and afternoon drop off and pick up periods; and
WHEREAS, through several meetings with the Monterey Peninsula School District (District) and in conjunction with the District’s proposed improvements, the Ord Terrace Elementary School Crossing Improvements Project (Project) was developed to assist with the traffic congestion and safety of the students; and
WHEREAS, on December 1, 2022, Parisi Transportation Consulting was awarded a professional services agreement to design and prepare bid documents and design was compete in April 2023; and
WHEREAS, the proposed improvements include a curb extension for the southwest curb ramp for the crosswalk on La Salle Avenue at Lindberg Court, median refuge with an offset crossing, rectangular rapid flashing beacons (RRFBs), modifying the corresponding pavement markings, roadway delineators, and school area signage; and WHEREAS, on April 20, 2023, the project was released for construction bids, and on May 16, 2023, three bids were received; and
WHEREAS, Coastal Paving & Excavating Inc. was determined to have the lowest responsive and responsible bid in the amount of $158,417.00; and WHEREAS, an amount of $23,763.00 contingency, approximately 15% of the contract value, should be authorized on an as required basis; and WHEREAS, Coastal Paving & Excavating Inc. has successfully completed similar work projects for other municipalities; and
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WHEREAS, the Project is categorically exempt per Article 19, section 15301 of CEQA since the project repairs and performs improvements to the existing roadway and involves negligible or no expansion of use.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside approves the conformed plans and specifications for the Ord Terrace Elementary School Crossing Improvements Project dated May 18, 2023; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council appropriates $99,938.00 from the General Fund to the Project Budget (Account No. 212-8960-9580); and
BE IT FURTHER RESOLVED, that the City of Seaside City Council authorizes the City Manager to execute a construction contract with Ord Terrace Elementary School Crossing Improvements Project for an amount not to exceed of $158,417.00; and BE IT FURTHER RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute up to an additional 15% contingency for written amendments, extensions, and change orders to the construction agreement outlined above such that the full value may not exceed $182,180.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of June, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

CONSTRUCTION BID CONTRACT

ORD TERRACE ELEMENTARY SCHOOL CROSSING

IMPROVEMENTS PROJECT
This Agreement, made and concluded in duplicate this 1st day of June, 2023, between the CITY OF SEASIDE, herein referred to as "City", and Coastal Paving & Excavation Inc., herein referred to as "Contractor".

WITNESSETH:

Article I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City and hereunto annexed, the said Contractor agrees with the said City, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of said City, in accordance with the provisions hereto annexed and also in accordance with the latest applicable General prevailing Wage Rates.

The work to be done is specified in these special provisions Titled “Book 1 Notice, Plans, & Special Provisions” for the Ord Terrace Elementary School Crossing Improvements Project, dated April 20, 2023, approved by the City Engineer, which said special provisions, plans and Addendum #1 are made part of this contract.

Article II. The said City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to, for the price hereinafter set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

Article III. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

Article IV. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Article V. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the said City and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

Packet Page 538
ITEM DESCRIPTION UNIT QTY. UNIT COST TOTAL
1 Mobilization LS 1 $17,000.00 $17,000.00
2 Traffic Control And Construction Area Signs LS 1 $6,500.00 $6,500.00 3 Water Pollution Control LS 1 $750.00 $750.00
4 Construction Staking LS 1 $750.00 $750.00
5 Remove Pavement Delineation LS 1 $800.00 $800.00
6 Remove Asphalt Concrete & Base SF 985 $14.00 $13,790.00 7 Remove Concrete & Base SF 385 $14.00 $5,390.00
8 Hot Mix Asphalt (Type A) TON 7 $575.00 $4,025.00
9 Aggregate Base TON 20 $200.00 $4,000.00
10 PCC Curb and Gutter LF 68 $200.00 $13,600.00
11 PCC Sidewalk SF 250 $67.00 $16,750.00
12 PCC Refuge Island SF 190 $67.00 $12,730.00
13 PCC Curb Ramp EA 2 $7,000.00 $14,000.00
14 Detectable Warning Surface (Truncated Domes) EA 5 $700.00 $3,500.00 15 Adjust Pullbox to Grade EA 1 $350.00 $350.00
16 Pavement Marking Thermoplastic Yellow SF 460 $14.60 $6,716.00 17 Pavement Marking Thermoplastic White SF 110 $14.60 $1,606.00 18 Pavement Striping Thermoplastic Yellow LF 265 $4.00 $1,060.00 19 Pavement Striping Thermoplastic White LF 815 $4.00 $3,260.00 20 Curb Paint LF 45 $2.00 $90.00
21 Install New Sign and Post EA 1 $750.00 $750.00
22 Install Delineator Posts EA 30 $100.00 $3,000.00
23 Install New Wireless Solar Powered RRFB and Warning
Sign Assemblies
EA 4 $5,000.00 $20,000.00
24 Install 4" Galvinized Post and Foundation EA 4 $2,000.00 $8,000.00 BASE BID $158,417.00
Article VI. - Assignment. The Contractor shall not assign any of his duties, responsibilities or obligations without prior written consent from the City.

Article VII. Indemnity. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest , from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement.

Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Article VIII. Insurance. Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth in Section 3.08 “Responsibility for Damage and Insurance” of the Special Provisions. Contractor will use existing coverage to comply with Packet Page 539
these requirements. If that existing coverage does not meet the requirements set forth, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Article IX. - Legal Action. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

Article X. - Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given and fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows:

CITY OF SEASIDE
Nisha Patel, Public Works Director/City Engineer
440 Harcourt Avenue
Seaside, CA 93955
COASTAL PAVING & EXCAVATING INC.
24560 Silver Cloud Court Suite 101
Monterey, CA 93940
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.

CITY OF SEASIDE CONTRACTOR
by: by:

Jaime M. Fontes, City Manager Michael Melicia, President Date Date

Licensed in accordance with an act
providing for the registration of
Contractors License No. 1021900
Packet Page 540
Packet Page 541
OF
REVISIONS 05/05/2023

ORD TERRACE ELEMENTARY SCHOOL CROSSING
22055 9
CITY OF SEASIDE 800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig. R
NTS
T-2 2 GENERAL NOTES
Packet Page 542
200

94.14 CP SET MAG & WSHR
201
100.95

CP SET MAG & WSHR
202

98.10 CP FD MAG
L2
OF
REVISIONS 05/05/2023

ORD TERRACE ELEMENTARY SCHOOL CROSSING
22055
9 CITY OF SEASIDE 800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

R
1" = 20"
T-3
3 SURVEY CONTROL
0 20' 40'
Packet Page 543

NO PARKING

NO PARKING
L2
1 D-1
OF
REVISIONS 05/05/2023 VARIES

ORD TERRACE ELEMENTARY SCHOOL CROSSING
CITY OF SEASIDE 22055
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

DEMOLITION PLAN
D-1
4 9
0 10' 20'
0 20' 40'
Packet Page 544
1 L-2
2 L-2
L2
L1 L2 L3
L5 L4 C1
C2
L6 L7
C3
C4
C5
C6
C7
97 98
99 100
101

MATCH EX
STA 0+01.29
FL:99.20
STA 0+15.19
TC: 100.29
FL:99.79

HIGH POINT, BEGIN/END RAMP
STA 0+30.14
FL:99.93

BEGIN/END RAMP
STA 0+48.91
FL:99.55
STA 0+60.95
TC: 99.06
FL:98.55

MATCH EX
STA 0+68.48
FL:98.10

BEGIN/END RAMP
STA 0+23.59
FL:99.88

BEGIN/END RAMP
STA 0+41.46
FL:99.68

3.55%

4.90%

1.08% 0.79%

2.26%

1.76%

8.47%

6.07%
98 99
100
101
102
STA 0+00.00
TC: 100.58
FL:100.08

LOW POINT
STA 0+09.74
TC: 100.53
FL:100.03

BEGIN/END RAMP
STA 0+30.13
FL:100.43

HIGH POINT

BEGIN/END RAMP
STA 0+44.42
FL:100.54

BEGIN/END RAMP
STA 0+53.75
FL:100.39
STA 0+69.61
TC: 100.58
FL:100.08

BEGIN/END RAMP
STA 0+21.07
FL:100.29
STA 0+34.92
TC: 101.00
FL:100.50

0.54%

2.29%

1.53% 0.38% 1.63%

1.96%
OF
REVISIONS 05/05/2023

ORD TERRACE ELEMENTARY SCHOOL CROSSING
CITY OF SEASIDE 22055
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

R
X
Y-Z
1" = 10'
L-1

LAYOUT PLAN
5 9
0 10' 20'
Packet Page 545
L2 L2 0.7%

2.0%

1.3%

1.6% 0.6%

0.5%

1.9% 1.8% 1.8%

1.9% 1.9% 1.9% 0.7%0.7% 1.3% 4.7% 1.8% 4.6% 0.9% 1.0% 1.5% 2.6% 1.8% 1.6% 1.5% 1.2%1.4% 2.2% 1.6% 1.1% 0.9% 0.8%

2.5%

1.7%

1.6%

1.8%

4.7%

3.4%

3.2%

1.6%

1.2%

0.6%

3.0% 4.6%

1.7%

2.9%

3.5%

2.1% 5.6% 6.6% 5.5%

4.4% 0.5%

6.2% 0.8%

2.0%

0.6%

2.0%

0.4%

2.0%

0.5%

6.3%

0.7% 8.5%

0.5% 6.6%

0.5%

2.1%

5.4%

2.9%

2.2%

1.1%

4.7%

1.6%

1.0%

2.8%

1.6%

7.7%

7.6% 5.4%

2.2%

1.1%

4.5%

1.1%

3.8%

3.4%

3.2%

1.6%

1.2%

0.6%

3.0%

3.8%

4.7% 4.2% 4.6%

1.7%

2.9%

4.2%

3.5%

2.1% 5.6%

2.4%

1.4%

0.9%

8.4% 6.6% 5.5%
OF
REVISIONS 05/05/2023

ORD TERRACE ELEMENTARY SCHOOL CROSSING
CITY OF SEASIDE 22055
800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

R
1" = 5'
L-2

CURB RAMP DETAILS
6 9
0 5' 10' 0 5' 10'
0 5' 10'
0 5' 10'
Packet Page 546

NO PARKING
1 S-1
OF
REVISIONS 05/05/2023 VARIES

ORD TERRACE ELEMENTARY SCHOOL CROSSING
22055
9 CITY OF SEASIDE 800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

STRIPING AND SIGNAGE PLAN WITH RRFB DETAILS
0 20' 40'
S-1
7 0 10' 20'
X
Y-Z
Packet Page 547
OF
REVISIONS 05/05/2023 NTS

LA SALLE AVENUE CROSSINGS
22055
9 CITY OF SEASIDE 800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig.

CONSTRUCTION DETAILS
CD-1
8 PER PLAN

CONCRETE PAVEMENT
SCARIFY AND RECOMPACT SUBGRADE TO 95% R.C.

OR AS APPROVED BY THE ENGINEER.
4"
6"

PROVIDE EXPANSION JOINT WHERE
ADJACENT TO STRUCTURE OR 1" MAX

HEIGHT TO ADJACENT LANDSCAPE
SEE DET 5 ON CD-1.

NOTES:

1. ALL TREAD SURFACES SHALL BE SLIP RESISTANT

2. AS APPLICABLE, REUSE OF EXISTING BASEROCK SHALL BE APPROVED BY THE

ENGINEER

3. A 4 IN KEY SHALL BE INSTALLED UNDER EXISTING CONCRETE. SEE DET 2 ON CD-1

4. CONSTRUCTION JOINTS SHALL BE 16' ON CENTER. SEE DET 4 ON CD-1.

5. CONCRETE COMPRESSIVE STRENGTH TO BE 3000 PSI FOR SIDEWALKS; 4000 PSI FOR DRIVEWAY APPROACHES AND CURB AND GUTTER.
1/2"

CONCRETE

PAVEMENT

ELASTOMERIC
JOINT SEALER 3/4" DIA. X 30" LONG

SMOOTH DOWEL BAR
@ 18" O.C., CENTERED

ON JOINT - LUBRICATE

ONE END
1/2" ASPHALTIC STRIP
NOTES:

1. REFER TO DETAIL 3 ON CD-1 FOR THICKNESS OF CONCRETE/PAVEMENT,

2. EXPANSION JOINTS TO BE INSTALLED AT 16' ON CENTER. 4" (PER DETAIL 3 ON CD-1) T/2

TOOLED JOINT W /
1/4" RADII EDGES PORTLAND CEMENT

CONCRETE PAVING

SAWCUT CONTROL JOINT

PORTLAND CEMENT

CONCRETE PAVING

TOOLED CONTROL JOINT
NOTES:

1. CONTROL JOINTS SHALL BE CONSTRUCTED 4' ON CENTER.

2. CONSTRUCT CONTROL JOINTS WITHIN 24 HOURS OF POUR.

3. SEE PLAN FOR LOCATION OF CONTROL JOINTS. 5" 5"
4" KEY
4" 4"

3. INSTALL EXPANSION JOINTS WHERE NEW CONCRETE MEETS EXISTING CONCRETE.

CLASS 2 AGGREGATE BASE

CONCRETE PAVEMENT
SCARIFY AND RECOMPACT SUBGRADE TO 90% R.C.

OR AS APPROVED BY THE ENGINEER.
4"
4"
6"

6.0'
6"
2" CLASS II A.B. RECOMPACTED TO
95% R.C.
2" CLASS II A.B. RECOMPACTED TO
95% R.C.

NEW 2" AC NEW 2" AC
6"
R=1/2"
1-1/2" BATTER
6 IN CURB

WITH BATTER
Packet Page 548

CONSTRUCTION DETAILS
OF
REVISIONS 05/05/2023 NTS

LA SALLE AVENUE CROSSINGS
22055 9
CITY OF SEASIDE 800 Bancroft Way, Ste 203
Berkeley, CA 94710
(510) 343-6400
Know what'sbelow. Callbefore you dig. R
CD-2 9
Packet Page 549
BOOK I

NOTICE, PLANS & SPECIAL PROVISIONS

ORD TERRACE ELEMENT ARY SCHOOL CROSSING IMPROVEMENTS
City Project No, 212-8960-9580
kgY St4,
8 * "m
Approved by: Nisha Patel, P.E.

City Engineer
Reviewed by: Leslie Llantero
Assistant Engineer

CITY OF SEASIDE
Department of Public Works
APRIL 20, 2023
Packet Page 550
This Page Intentionally Left Blank

Packet Page 551
PROJECT NO,: ziz-sgeo.gsso
TheTechnicaf Specifications containedhereinhavebeenpreparedbyor underthedirectionofthe following Registered Person:

CIVIL
" C939 /
,Jal xz
Andres Gonzalez 04/20/2024
Name
Reqistration 93910 Exp. 09/30/2024
Parametrix
ORDTERRACEELEMENTARYSCHOOLCROSSINGIMPROVEMENTS - Page iii Packet Page 552
ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS – Page iv This Page Intentionally Left Blank

Packet Page 553
ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS – Page v Table of Contents

ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS
Notice Inviting Bids ...................................................................................................................................................... 1 Special Provisions Volume I ....................................................................................................................................... 3 SECTION 1. SPECIFICATIONS AND PLANS ....................................................................................................... 3

1.01 GENERAL ......................................................................................................................................... 3

1.02 DEFINITIONS AND TERMS .............................................................................................................. 4

1.03 CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS ............................................................. 4

1.04 PAYMENT ......................................................................................................................................... 4 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ............................................................................ 5

2.01 GENERAL ......................................................................................................................................... 5

2.02 FEDERAL LOBBYING RESTRICTIONS ........................................................................................... 5

2.03 DISADVANTAGED BUSINESS ENTERPRISE (DBE). ..................................................................... 5

2.04 EXAMINATION OF SPECIFICATIONS, SPECIAL PROVISIONS, AND WORK SITE ...................... 5

2.05 PROPOSAL FORMS. ........................................................................................................................ 5

2.06 REJECTION OF PROPOSALS CONTAINING ALTERATIONS ERASURES, OR IRREGULARITIES ............................................................................................................................. 5

2.07 PROPOSAL GUARANTY .................................................................................................................. 6

2.08 WITHDRAWAL OF PROPOSAL ....................................................................................................... 6

2.09 PUBLIC OPENING OF PROPOSALS. .............................................................................................. 6

2.10 DISQUALIFICATION OF BIDDERS .................................................................................................. 6

2.11 COMPETENCY OF BIDDERS .......................................................................................................... 6

2.12 PERMITS AND LICENSES ............................................................................................................... 6 SECTION 3. AWARD AND EXECUTION OF CONTRACT ....................................................................................... 7

3.01 GENERAL ......................................................................................................................................... 7

3.02 AWARD OF CONTRACT .................................................................................................................. 7

3.03 CONTRACT BONDS ......................................................................................................................... 7

3.04 EXECUTION OF CONTRACT ........................................................................................................... 7

3.05 FAILURE TO EXECUTE CONTRACT ............................................................................................... 7

3.06 RETURN OF PROPOSAL GUARANTIES ......................................................................................... 7

3.07 INDEMNIFICATION ........................................................................................................................... 7

3.08 RESPONSIBILITY FOR DAMAGE AND INSURANCE ..................................................................... 8 SECTION 4. PROSECUTION AND PROGRESS .................................................................................................... 11

4.01 BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES. ..................... 11

4.02 PRECONSTRUCTION CONFERENCE .......................................................................................... 11

4.03 SUBCONTRACTORS ...................................................................................................................... 11

4.04 SCHEDULE ..................................................................................................................................... 11

4.05 SUSPENSION OF CONTRACT ...................................................................................................... 11

4.06 RESOLUTION OF CONSTRUCTION CLAIMS ............................................................................... 11

4.07 MEASUREMENT AND PAYMENT .................................................................................................. 12

4.08 PROGRESS PAYMENTS ................................................................................................................ 13

4.09 FINAL PAYMENT ............................................................................................................................ 13

4.10 CLEANUP ........................................................................................................................................ 13 Packet Page 554
ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS – Page vi

4.11 HOURS OF WORK .......................................................................................................................... 13

4.12 PUBLIC NOTIFICATION ................................................................................................................. 14 SECTION 5. GENERAL ............................................................................................................................................ 15

5.01 LABOR NONDISCRIMINATION ...................................................................................................... 15

5.02 PREVAILING WAGE ....................................................................................................................... 15

5.03 PUBLIC SAFETY. ............................................................................................................................ 15

5.04 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES .................................................... 16

5.05 SUBCONTRACTING. ...................................................................................................................... 17

5.06 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS. ..................................... 17 SECTION 6. NOT USED .......................................................................................................................................... 17 SECTION 7. MATERIALS ....................................................................................................................................... 19

7.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS ................................................................ 19

7.02 TRADE NAMES AND ALTERNATIVES .......................................................................................... 19

7.03 SUBMITTALS .................................................................................................................................. 20 SECTION 8. OTHER REQUIREMENTS .................................................................................................................. 21

8.01 GENERAL. ...................................................................................................................................... 21

8.03 PROJECT APPEARANCE. ............................................................................................................. 21

8.04 WORK SEQUENCING .................................................................................................................... 21

8.05 DUST CONTROL ............................................................................................................................ 21

8.06 WATERING ..................................................................................................................................... 21

8.07 OBSTRUCTIONS ............................................................................................................................ 21

8.08 MAINTAINING TRAFFIC ................................................................................................................. 22

8.09 COOPERATION .............................................................................................................................. 22 SECTION 9. BID ITEM DESCRIPTION ................................................................................................................... 25

9.01 BID - Itemized as specified by the project .............................................................................................. 25 SPECIAL PROVISIONS VOLUME II – TECHNICAL SPECIFICATIONS ................................................................... 29

10.01 MOBILIZATION ............................................................................................................................... 29

10.02 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS .......................................................... 31

10.03 WATER POLLUTION CONTROL .................................................................................................... 35

10.04 CONSTRUCTION STAKING ........................................................................................................... 37

10.05 REMOVE PAVEMENT DELINEATION............................................................................................ 39

10.06 REMOVE ASPHALT CONCRETE AND BASE ................................................................................ 41

10.07 REMOVE CONCRETE AND BASE ................................................................................................. 43

10.08 HOT MIX ASPHALT ........................................................................................................................ 45

10.09 AGGREGATE BASE ...................................................................................................................... 49

10.10 MINOR CONCRETE IMPROVEMENTS .......................................................................................... 53

10.11 DETECTABLE WARNING SURFACE (TRUNCATED DOMES) ..................................................... 57

10.12 ADJUST PULLBOX TO GRADE ..................................................................................................... 59

10.13 TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS ............................. 61

10.14 ROADSIDE SIGNS AND POSTS .................................................................................................... 67

10.15 DELINEATOR POSTS ..................................................................................................................... 69

10.16 RECTANGULAR RAPID FLASHING BEACON ............................................................................... 71 Packet Page 555
ORD TERRACE SCHOOL CROSSINGS – Page 1

CITY OF SEASIDE
Notice Inviting Bids

ORD TERRACE ELEMENTARY SCHOOL

CROSSING IMPROVEMENTS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Seaside will receive sealed bids for the above stated project in the office of the City's Deputy City Manager – Administrative Services, located at City Hall, 440 Harcourt Avenue, Seaside, CA 93955, until 3:00 pm on Thursday, May 16, 2023, at which time all bids will be publicly opened and read aloud.

The scope of the work will consist of all labor, material, equipment and services necessary to complete the work identified in plans titled Ord Terrace Elementary Traffic Safety Improvements and in the specifications, including but not limited to:

The work includes, but is not necessarily limited to, the furnishing of all labor, materials, equipment, and services necessary for, and reasonably incidental to constructing concrete curb extension and median, accessible curb ramp, school crosswalk with Rapid Rectangular Flashing Beacon (RRFB), and striping as shown or indicated in the Drawings and Specifications. The project is located on the 1700 block of La Salle Avenue adjacent to Ord Terrace Elementary School, Seaside, Monterey County.

A non-mandatory pre-bid conference shall be held Thursday, May 4, 2023 at 10:00 AM, in the Engineering Modular Building, 440 Harcourt Avenue, Seaside, CA 93955. Due to COVID-19 and current social distancing and public gathering requirements, the City may be required to change the in person pre-bid conference meeting to a telephone/video conference call. Bidder is responsible to check the City’s website where the project is advertised to be aware of any updates to the status of the meeting.

Copies of the Bid Documents will be available for free on the City’s website at www.ci.seaside.ca.us The quantities shown in the proposal forms are approximate only and given as a basis for the comparison of bids. The City does not expressly or by implication assert that the actual amount of work will correspond herewith and reserves the right to increase or decrease the amount of any portion of the work or to omit portions of the work as may be deemed necessary.

Bidders are required to sign and submit the bid forms provided in the Proposal and Contract book. No bid will be considered unless it is made on a proposal form furnished by the City and is accompanied by a bid bond for ten percent (10%) of the bid amount. The successful bidder shall furnish a Labor and Materials Bond, a Performance Bond, and a Surety Bond. The successful bidder will be required to secure a City Business License before commencing work on the project and must possess a Class A General Contractors at the time the contract is awarded.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in Monterey County, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Bidders are responsible to check the website (www.ci.seside.ca.us/bids) prior to the Bid opening to obtain any addenda information. Submittal of a signed Bid shall be evidence that the Bidder has obtained this information and that the Bid is based on any changes contained therein.

Notice is also hereby given that all Bidders may be required to furnish a sworn statement of their financial responsibility, technical ability and experience before award is made to any particular Bidder.

Provision is made for security substitution on payment withholds as provided in Public Contract Code Sections 22200 and 22300.

The City reserves the right to reject any or all bids and the right to waiver minor irregularities or informalities in any bid proposal.

CITY OF SEASIDE
Public Works Department
______/s/ ____________________________April 20, 2023___ Nisha Patel, PE Date
City Engineer
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ORD TERRACE SCHOOL CROSSINGS – Page 2

This Page Intentionally Left Blank

Packet Page 557
ORD TERRACE SCHOOL CROSSINGS – Page 3

CITY OF SEASIDE
Special Provisions Volume I

ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS
SECTION 1. SPECIFICATIONS AND PLANS

1.01 GENERAL. The work embraced herein shall be done in accordance with these special provisions and the Standard Specifications of the State of California Department of Transportation dated 2015 sections 1-99, insofar as the same may apply, which specifications are hereinafter referred to as the "Standard Specifications."
Whenever in these special provisions attention is directed to specific portions of the Standard Specifications, such direction is not exclusive and shall not be interpreted as excluding other applicable provisions of said specifications.

The following General Provisions of the Standard Specifications do not apply:

Section No. Section Name

2-1.15 Disabled Veteran Business Enterprises
2-1.18 Small Business and Non–Small Business Subcontractor Preferences 2-1.27 California Companies
2-1.31 Opt Out of Payment Adjustments for Price Index Fluctuations 3-1.08 Small Business Participation Report
9-1.07 Payment Adjustments for Price Index Fluctuations 9-1.16C Materials on Hand
9-1.16F Retentions
In the event of conflict in the contract documents, the order of precedence shall be as follows:

1. Governing ranking of Contract parts in descending order is:

1.1. Permits and licenses

1.2. Project Plans

1.3. Special Provisions

1.4. Supplemental project information

1.5. Revised Standard Specifications

1.6. Standard Specifications

1.7. Revised Standard plans

1.8. Standard Plans

2. Written numbers and notes on a drawing govern over graphics

3. Detail drawing governs over a general drawing

4. Specific specification governs over a general specification

5. Specification in a section governs over a specification referenced by that section Packet Page 558
ORD TERRACE SCHOOL CROSSINGS – Page 4

1.02 DEFINITIONS AND TERMS.

Specifications: Standard specifications, revised standard specifications, and special provisions.

1. standard specifications: Specifications standard to Caltrans construction projects. These specifications are in a book titled Standard Specifications, State of California, California State Transportation Agency, Department of Transportation, dated 2015 published by the California Department of Transportation.

2. revised standard specifications: New or revised standard specifications. These specifications are in a section titled Revised Standard Specifications of a book titled “Contract Documents, Plans and Special Provisions.”

3. special provisions: Specifications specific to the project. These specifications are in sections titled “Special Provisions Volume I” and “Special Provisions Volume II” of a book titled “Contract Documents, Plans and Special Provisions”.

Whenever in the Standard Specifications, the terms "State of California," "Department of Transportation," "Director," "Division of Highways," "Chief Engineer," "Engineer," or "Laboratory" are used, the following terms shall be substituted therefore and any reference to any of the above terms shall be understood and interpreted to mean and refer to such substituted terms as follows:
"State of California," substitute "City of Seaside."
"Department of Transportation" -- the "Seaside City Council." "Director"-- the "Seaside City Manager."
"Division of Highways"-- the "Public Works Department of the City of Seaside." "Engineer" or "Chief Engineer"-- the "City Engineer," acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. "Laboratory"-- the contract laboratory of the City of Seaside or such other laboratory as may be authorized by the City to test materials and work involved in the contract.

1.03 CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS.

The Engineer will supply the Contractor with two (2) full-size sets and one pdf set of contract documents that include the plans and specifications.

Maintain at least one complete set of plans and specifications at the site of construction in good condition and at all times available to the Engineer.

Additional copies of the contract documents, if required, can be furnished by the Engineer at the cost of reproduction.

1.04 PAYMENT. Full compensation for work specified in the Special Provisions Volume I are included in the payment for the bid items involved unless:

1. Bid item for the work is shown on the Bid Item List

2. Work is specified as change order work
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SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 GENERAL. The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. Proposal forms are provided in a separate book entitled Book 2 “Contract Documents” for Ord Terrace Elementary School Crossing Improvements.

The Bidder's Bond Statement mentioned in the last paragraph in Section 2-1.34, “Bidder’s Security” of the Standard Specifications will be found following the signature page of the Proposal in the Proposal and Contract Book.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on a future public works contracts.

2.02 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.

2.03 DISADVANTAGED BUSINESS ENTERPRISE (DBE). Federal aid projects must comply with the requirements of section 2-1.12 of the Standard Specifications.

2.04 EXAMINATION OF SPECIFICATIONS, SPECIAL PROVISIONS, AND WORK SITE. The bidder shall examine carefully the site of the work contemplated and the proposal, specifications, and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed, materials to be furnished, and as to the requirements of the specifications, these special provisions, and the contract.

If any party contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specifications or proposed contract documents, or finds discrepancies in or omissions from the specifications, shall submit to the City a written request for an interpretation or correction thereof. The party submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents prior to bid opening will be made only by addendum duly issued, and a copy of such addenda will be mailed to each person receiving a set of such documents. The City will not be responsible for any other explanations or interpretations of the proposed documents. No request will be reviewed or heard within seventy-two (72) hours of bid opening.

The bidder shall perform or make any investigations or studies he deems necessary to evaluate the site conditions and bid on the construction operations necessary to complete the project under this Contract. No additional compensation will be made for such investigations. All investigations shall be coordinated with the City and shall be subject to all applicable City standards and ordinances.

2.05 PROPOSAL FORMS. All proposals shall be made upon the forms obtained from the City. Proposals submitted on forms other than those issued by the City will be disregarded. All bids shall be presented under sealed cover, plainly marked "Proposal" and identifying the project name and number.

2.06 REJECTION OF PROPOSALS CONTAINING ALTERATIONS ERASURES, OR IRREGULARITIES. Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

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2.07 PROPOSAL GUARANTY. All bids shall be accompanied by cash, cashier's or certified check, or by bidder's bond made payable to the City of Seaside and executed as surety by some corporation authorized to issue surety bonds in the State of California, for an amount equal to at least ten percent of the total bid amount. No bid shall be considered unless cashiers' or certified check, or bidder's bond is enclosed therewith.

2.08 WITHDRAWAL OF PROPOSAL. Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Engineer. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid.

2.09 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the Notice to Bidders. Bidders or their authorized agents and the public are invited to be present.

2.10 DISQUALIFICATION OF BIDDERS. The City will not consider more than one proposal from an individual, firm, or partnership, a corporation, or an association under the same or different names. A Contractor may be interested in one bid as prime Contractor and another as subcontractor, providing no collusion exists. Proposals in which the prices are unbalanced may be rejected.

2.11 COMPETENCY OF BIDDERS. No bid will be accepted from or contract awarded to a Contractor to whom a proposal form has not been issued by the Engineer or who has not successfully performed on projects of similar character and scope of proposed construction. Submit a completed Bidder’s Information Statement with your proposal using the form provided by the City.

2.12 PERMITS AND LICENSES. Comply with Section 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Standard Specifications and these special provisions.

Additionally, Contractor must:
 Hold a valid City of Seaside business license for the duration of this contract.  Possess a Class A General Contractors License
 Obtain City of Seaside no-fee encroachment permit
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SECTION 3. AWARD AND EXECUTION OF CONTRACT

3.01 GENERAL. The bidder's attention is directed to the provisions in Section 3, “Contract Award and Execution,” of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.

Bid protests are to be delivered to the following address: 440 Harcourt Avenue, Seaside, CA 93955

The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the City so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: Public Works, 440 Harcourt Avenue, Seaside, CA 93955.

3.02 AWARD OF CONTRACT. The City reserves the right to reject any or all bid proposals and to waive minor irregularities or informalities in any bonds or in any proposals. Bids are required for all the work. The award of contract, if awarded, will be made within sixty calendar days to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

3.03 CONTRACT BONDS. The successful bidder shall furnish three separate bonds: a performance bond, a labor and materials bond and a surety bond. Each of the said bonds shall be executed in a sum equal to one hundred percent of the Contract price and issued by a bonding company with an A.M. Best rating of A- or better, or instrument of credit.  Performance Bond: This bond shall guarantee the faithful performance of said contract by the Contractor. The performance bond will be held until final acceptance of the project.
 Labor and Materials Bond: This bond shall be furnished as required by the terms of Division 3, Title 15, Chapter 7, Section 3247, et seq. of the Civil Code of the State of California. The Labor and Materials bond shall be held until final acceptance of the project.  Surety Bond: This bond shall serve as surety for the guaranty requirements, as follows: The successful bidder shall unconditionally guarantee the materials for a period of one year from the date of recording of the notice of completion. The guarantee shall cover one hundred percent of all costs of repairs within this one-year period, including all costs of labor, materials, equipment and incidentals.

Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material suppliers, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required as is considered necessary considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignees of the Contractor until such bond or bonds or additional surety have been furnished.

3.04 EXECUTION OF CONTRACT. Attention is directed to the provisions in Section 3-1.18 “Contract Execution” of the Standard Specifications. The contract shall be signed by the successful bidder and returned, together with the contract bonds, copies of insurance policies, and Certificates of Insurance within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution.

3.05 FAILURE TO EXECUTE CONTRACT. Failure to execute a contract and file acceptable bonds within five calendar days after receiving notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City Council may award the contract to the second lowest responsible bidder. On the refusal or failure of the second or third lowest responsible bidder to whom such contract is so awarded to execute the same, such bidder's guaranty shall be likewise forfeited to the City. The work may then be re-advertised or may be constructed by day labor as the City Council may decide.

3.06 RETURN OF PROPOSAL GUARANTIES. Within ten days after the award of contract, the City will return the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidder whose proposal they accompany.

3.07 INDEMNIFICATION. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest through legal counsel reasonably acceptable to the Packet Page 562
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City, from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

3.08 RESPONSIBILITY FOR DAMAGE AND INSURANCE. Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Contractor shall provide the following types and amounts of insurance:

1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate.

Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following:
 Explosion, collapse or underground hazard (XCU)
 Products and completed operations
 Pollution liability
 Contractual liability
Coverage shall be applicable to City for injury to employees of contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.

2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.

3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent.

Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII.

Contractor and City agree as follows:

1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require Packet Page 563
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all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise.

2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise.

3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers.

4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way.

5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises.

Contractor shall not make any reductions in scope of coverage (e.g. e1imation of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.

7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.

8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to City.

10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates.

12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that Packet Page 564
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time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.

14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.

15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason.

The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable.

Termination of this obligation is not effective until City executes a written statement to that effect.

17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise.

18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive.

19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City.

21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers working on this project through Contractor. City shall determine the liability limit.

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SECTION 4. PROSECUTION AND PROGRESS

4.01 BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES. Attention is directed to the provisions in Section 8-1.04, “Start of Job Site Activities,” in Section 8-1.05 "Time“ and in Section 8-1.10, "Liquidated Damages;" of the Standard Specifications.

The Contractor shall begin work within 5 calendar days after the Notice to Proceed has been issued by the City of Seaside.

This work shall be diligently prosecuted to completion before the expiration of 25 WORKING DAYS beginning on the fifth calendar day after execution of the contract, and completing the work no later than August 31, 2023.

The Contractor shall pay liquidated damages to the City of Seaside, the sum of $940 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above.

Upon written request of the Contractor, the Engineer will add one day to the contract completion date for each working day that in the judgment of the Engineer work cannot be performed to the specifications herein due to inclement weather conditions. The Contractor shall submit such delay request to the Engineer no later than 9:00 a.m. on the workday in question.

4.02 PRECONSTRUCTION CONFERENCE. Prior to or in conjunction with issuance of the Notice to Proceed, a preconstruction conference will be held for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, schedule, traffic control, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor's representative at this conference shall include all major superintendents for the work and may include major subcontractors.

At or before the preconstruction conference, submit to the Engineer a “letter of responsibility” on company letterhead indicating (1) the names and phone numbers of at least three different persons who shall be available to be contacted in case of emergency at any time during the term of the contract. (said persons must have decision-making authority within the company); and (2) the name and title of each of your officials who will be authorized to sign contract change orders, daily extra work reports, and the final pay estimate.

Weekly meetings will be scheduled by the City at the discretion of the City during the pre-construction phase and during the construction phase.

4.03 SUBCONTRACTORS. In the event that the bidder proposes to subcontract any portion of the work in an amount in excess of onehalf of one percent (0.5%) of the total amount of bid, he shall complete the form included in the proposal showing the name and location of the place of business of each subcontractor and the portion of the work to be done by such subcontractor. The purchase of sand, gravel, crushed rock, batched concrete, aggregates, ready-mixed concrete and/or any other materials produced at and furnished from established and recognized commercial plants, together with the delivery of such materials to the site of the work by means of vehicles owned and operated by such plants or by recognized commercial hauling companies, shall not be considered as subcontracting under these special provisions.

4.04 SCHEDULE. A detailed progress schedule identifying the critical path method (CPM) shall be submitted for approval at the scheduled pre-construction meeting. Schedule must comply with the requirements of Section 8-1.02 “Schedule” of the Standard Specifications.

4.05 SUSPENSION OF CONTRACT. Attention is directed to Section 8-1.13, “Contractor’s Control Termination” of the Standard Specifications for requirements regarding suspension of contract.

4.06 RESOLUTION OF CONSTRUCTION CLAIMS. “Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, (3) an amount the payment of which is disputed by the City. This section applies to all public works claims of three hundred seventy-five thousand dollars [$375,000] or less. For any claim subject to this section, the following requirements apply:

1. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.

2. For claims of less than fifty thousand dollars the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request in writing within 30 days of receipt of the claim any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.

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If additional information is thereafter required, it shall be requested and provided pursuant to this section upon mutual agreement of the City and the Contractor. The City's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

3. For claims of over fifty thousand and less than or equal to three hundred seventy-five thousand dollars the owner shall respond in writing to all written claims within 60 days of receipt of the claim, or may request in writing within 30 days of receipt of the claim any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this section upon mutual agreement of the City and the Contractor. The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

4. If the claimant disputes the owner's written response or the City fails to respond within the time prescribed, the claimant may so notify the City in writing either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

5. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 [commencing with Section 900] and Chapter 2 [commencing with Section 910] of Part 3, Division 3.6, Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subsection (1) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

The following procedures are established for all civil actions filed to resolve claims subject to this article:
(1) Within 60 days, but no earlier than 30 days, following the filing of response pleading, 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 commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 [commencing with Section 1141.10] of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986, Article 3 [commencing with Section 2016] of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 [commencing with Section 1141.10] of Title 3 of Part 3 of the Code of Civil Procedure, [A] arbitrators shall, when possible, be experienced in construction law, and [B] any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

4.07 MEASUREMENT AND PAYMENT. Measurement and payment shall conform to the applicable provisions of Section 9 of the Standard Specifications, except as the referenced section is modified herein.

The City does not share costs. You are responsible for the entire cost of flagging and BMP maintenance.

When an item of work is designated as Final Pay (F) in the Engineer’s Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions, except as otherwise provided for minor concrete. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay item will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as (F) in the Engineer’s Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by the computations, based on details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based computation does not equal the estimated quantity.

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In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate.

4.08 PROGRESS PAYMENTS. Attention is directed to Section 9-1.16, “Progress Payments,” of the Standard Specifications.

After acceptance of the contract pursuant to the provisions in Section 9-1.17, "Payment After Contract Acceptance," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for the item, will be included for payment in the first estimate made after acceptance of the contract.

The City shall retain five percent of such estimated value of the work done as aforesaid as part security for the fulfillment of the contract by the Contractor, and shall pay monthly to the Contractor while carrying on the work the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than Three hundred dollars. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

The City of Seaside, by and through the appropriate officer or officers, may at its option and at any time retain out of any amounts due the Contractor sufficient to cover any unpaid claims provided that sworn statements of said claims shall have been filed in the office of the City Engineer.

No progress payments will be made for any materials on hand which are furnished but not incorporated in the work.

4.09 FINAL PAYMENT. Within fifteen days after the completion of the work, make a semi-final estimate in writing of the final quantities of work done under the contract and the value of such work and submit such estimate to the Engineer. The City will retain five percent of such estimated value of the work done and will pay to the Contractor the balance not retained as aforesaid after deducting therefrom all amount to be kept and all amounts to be retained under the provisions of the contract.

Within fifteen days after submission to the City of the semi-final estimate, submit to the Engineer your written statement of all claims for additional compensation due under the contract. Claim statements must comply with the requirements of Section 9-1.17D(2), “Claim Statement” of the Standard Specifications.

Upon your approval, or if you file no claims within said period of fifteen days, the Engineer will issue a final written estimate, and the City will pay you the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept or retained under the provisions of the contract. If you, within said period of fifteen days, file claims, the Engineer will then consider and investigate such claims, and will make such revision in the final quantities as he may find to be due, and will then make and issue a final written estimate. The City will pay the amount so found due, after deducting therefrom all previous payments and amounts to be retained under the provisions of the contract.

All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefor, except in the case of gross error.

Payment on the final estimate shall not be due and payable in less than thirty-five days after the date of recording of the notice of completion in the county recorder's office.

The City, by and through the appropriate officer or officers may at its option and at any time retain out of any amounts due the Contractor sums sufficient to cover any unpaid claims provided that sworn statements or said claims shall have been filed in the Public Works Department.

Attention is directed to Section 5.06, “Prompt Payments,” of these Special Provisions.

4.10 CLEANUP. Attention is directed to Section 4-1.13, "Cleanup,” of the Standard Specifications. Ensure that all vehicles leaving the site area are in a condition so that no dirt or debris will be spilled upon the City's streets or highways. Full compensation for all cleanup work is considered included in the various contract bid items, and no additional payment will be made therefor.

4.11 HOURS OF WORK. The hours of construction shall begin at 8:00 am and end at 5:00 pm Monday through Friday. No work except maintenance of the traveled way or maintenance of completed work shall be performed on Saturday, Sunday or legal holidays without prior written Packet Page 568
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approval of the Engineer. Perform overtime and shift work only when approved by the Engineer. You must pay the City’s costs for inspection and management of overtime and shift work.

4.12 PUBLIC NOTIFICATION. Prior to beginning work and during the course of the work, deliver notices to each business and resident adjacent to the project area, and to residents of adjacent streets that may have access restricted during construction. Submit notices and proposed delivery schedule for each at the pre-construction conference. Notices in English and Spanish shall be posted as door hangers at each address at least on month prior to the work and within two (2) weeks of restricting access. Notice must include a brief description of the work, estimated duration of access restriction, and names, email addresses and mobile phone numbers for Contractor’ Project Superintendent and City contact representatives.

In addition to obtaining approval from the Seaside Police and Fire Departments in compliance with the Public Safety section of these special provisions, notify the United States Post Office (831.394.6329), Sand City & Seaside Waste Management (831.384.5000) and Monterey-Salinas Transit (831.899.2555) by telephone two workdays prior to implementing street and lane closures for this project.

Full compensation for providing public notification shall be considered as included in the contract lump sum price paid for "Mobilization," and no separate payment will be made therefor.

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SECTION 5. GENERAL

5.01 LABOR NONDISCRIMINATION. Comply with the requirements of Section 7-1.02I(2) “Nondiscrimination," of the Standard Specifications.

5.02 PREVAILING WAGE. The general prevailing wage rates are determined by the Director of Industrial Relations, for the County of Monterey. Current prevailing wage rates can be found in “General Prevailing Wage Determinations made by the Director of Industrial Relations” (wage determinations) at the Division of Labor Statistics and Research, Prevailing Wage Unit, P. O. Box 420603, San Francisco, CA 94142, (415) 703-4774, or at DIRs website at http://www.dir.ca.gov/. These wage rates are not included in the Bid book for the project.

Changes, if any, to the general prevailing wage rates will be available at the same location. The City will include a copy of the applicable State prevailing wage rates with the contract.

The Contractor will be required to maintain and distribute certified payroll records in compliance with Section 1776 of the California Labor Code. The Contractor shall register as specified in Labor Code section 1771.1(a). The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with Labor Code sections 1725.5 (contractor registration requirements and criteria), 1771.1 (requirement to register as a condition to bid or work on public works), and 1771.4 (project compliance monitoring).

The labor surcharge, equipment rental rates, and the delay factors for each classification of equipment are listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates."

5.03 PUBLIC SAFETY. The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.04, "Public Safety," of the Standard Specifications and these special provisions.

The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist:

A. Excavations--The near edge of the excavation is 12 feet or less from the edge of the lane, except:

1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public.

2. Excavations less than 1 foot deep.

3. Trenches less than 1 foot wide for irrigation pipe or electrical conduit, or excavations less than 0.3-m in diameter.

4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction.

5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical: horizontal).

6. Excavations protected by existing barrier or railing.

B. Temporarily Unprotected Permanent Obstacles--The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.

C. Storage Areas--Material or equipment is stored within 12 feet of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provisions.

The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-

1.04, "Public Safety," of the Standard Specifications, shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 1 foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15 feet minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions:

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Approach Speed of Public Traffic (Posted Limit)
(Miles Per Hour)
Work Areas
Over 45 Miles Per Hour Within 6 feet of a traffic lane but not on a traffic lane 35 to 45 Miles Per Hour Within 3 feet of a traffic lane but not on a traffic lane The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer.

When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.

Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

In addition to any other measures pursuant to the provisions of Section 7-1.04, "Public Safety,” of the Standard Specifications, your attention is directed to the following special provisions. Maintain access to all fire hydrants within the project area to the satisfaction of the Seaside Fire Department. Obtain their written approval prior to using any hydrant within the City of Seaside.

When constructing curb ramps at an intersection, the Contractor must provide safe passage to all pedestrians around the area of work at all times. The Contractor must use the latest California MUTCD standards when determining the number of curb ramps that can be constructed at once at the intersection.

Construction is within City owned right-of-way, and you must make provisions for the safe passage of public traffic through the necessary portions of the work at all times, unless full closure of the right-of-way is required and authorized by the Engineer.

Maintain access to adjacent parking areas by motor vehicles at all times, and make provisions for the safe passage of pedestrians around walkway and parking areas at all times.

Prior to the closure of any portion of a street, written approval shall be obtained from the Seaside Fire Department (831.899.6790), the Seaside Police Department (831.899.6280), and the Engineer. Fire and Police Departments shall immediately be notified when such street is reopened.

Keep the City police and fire departments informed of obstructions in either public or private roads caused by reason of your operations.

Comply with the latest California MUTCD for all items related to traffic control.

The fact that rain or other causes, either within or beyond your control, may force suspension or delay of the work shall in no way relieve you of responsibility for maintaining traffic through the project and providing local access as specified herein. At all times, keep on the job such materials, force, and equipment as may be necessary to keep roads, streets, and driveways within the project open to traffic and in good repair, and expedite the passage of such traffic, using such force and equipment as may be necessary.

Should you fail, in the opinion of the Engineer, to provide all the materials, force, and equipment necessary to maintain traffic through the work as set forth herein, the City, upon the recommendation of the Engineer, may take steps necessary to suspend the contract. The City may then, upon such suspension, because such work as may be necessary to maintain traffic to be done and may charge same against you and your sureties.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited.

Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.

5.04 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. Comply with the requirements of Section 14-11, “Hazardous Waste and Contamination” of the Standard Specifications.

Contractor shall take appropriate action in accordance with all guidelines and policies applicable to this work associated with the Code of Packet Page 571
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Federal Regulations (CFR), Environmental Protection Agency (EPA), National Institute for Occupational Safety and Health (NIOSH), and the Occupational Safety and Health Administration (OSHA) to protect employees and public. Contractor shall submit a written Plan describing sequence of demolition and description of measures to protect employees and public and prevent contamination from entering the environment. Plan shall include air monitoring during relevant phases of demolition and post construction performed by an individual qualified to conduct air sampling.

If delay of work in the area delays the current controlling operation, you will be compensated for the delay in conformance with the provisions in Section 8-1.07, "Delays," of the Standard Specifications.

5.05 SUBCONTRACTING. Comply with the requirements of Section 5-1.13, “Subcontracting” of the Standard Specifications. The Contractor shall perform, with the Contractor’s own organization, contract work amounting to not less than 50 percent of the original total contract price, except that any designated “Specialty Items” performed by subcontract may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with the Contractor’s own organization. Attention is also directed to Section 2, "Proposal Requirements and Conditions," Section 3, "Award and Execution of Contract," elsewhere in these Special Provisions. A sheet for listing the subcontractors is included in the proposal.

5.06 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS. The City of Seaside shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency SECTION 6. NOT USED
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SECTION 7. MATERIALS

7.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. All materials required to complete the work under the attached contract shall be furnished by the Contractor unless otherwise specified. Upon approval of the contract, the Contractor shall notify the Engineer of the proposed source of supply of all materials to be used in the work, and shall furnish samples of such materials as may be required by the Engineer for testing.

At the request of the Engineer, the Contractor shall submit manufacturer/supplier certificates of compliance for any or all materials used in the construction of the project. If certification is so requested, said certificates must be reviewed and accepted in writing by the Engineer prior to any use or installation of the material on the project.

7.02 TRADE NAMES AND ALTERNATIVES. Attention is directed to Section 6-1.05, “Specific Brand or Trade Name and Substitution,” of the Standard Specifications.

Requests for substitutions will be considered only if received within 10 calendar days from the date of award. Requests received after this period may be accepted or rejected at the discretion of the Engineer.

Prepare and submit each request for substitution to the City in accordance with the procedures for submittals. Provide the following additional information:

1. An explanation of the advantages to the City for accepting the substitution.

2. A comparison of significant qualities of the proposed substitution with those specified.

3. When the substitute equipment or material necessitates changes to or coordination with any portion of the work, include drawings and details showing all such changes. You must perform these changes as a part of any acceptance of substitute material or equipment.

4. A statement indicating the substitution's effect on the construction schedule compared to the construction schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time.

5. Cost information, including a proposal of the net change, if any, in the Contract Sum.

6. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions that may be necessary because of the substitution's failure to perform adequately.

Substitution requests will be considered by the Engineer when the following conditions are satisfied, as determined by the Engineer; otherwise, requests will be returned without action except to record noncompliance with these requirements.

1. Extensive revisions to Contract Documents are not required.

2. Proposed changes are in keeping with the general intent of Contract Documents.

3. The request is timely, fully documented and properly submitted.

4. The specified product or method of construction cannot be provided within the specified Contract Time. The request may not be considered if the product or method cannot be provided as a result of failure of the Contractor to pursue the work promptly or coordinate activities properly.

5. A substantial advantage is offered the City, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the City may be required to bear. Additional responsibilities for the City may include additional compensation to the Consulting Engineer/Architect for redesign and evaluation services, increased cost of other construction by the City or separate contractors, and similar considerations.

6. The specified product or method of construction cannot receive necessary approval by a regulatory agency, and the requested substitution can be approved.

7. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the compatibility.

8. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated.

9. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution can provide the required warranty.

Submittal of shop drawings, product data or samples that do not comply with the Contract Documents does not constitute a valid request for substitution, nor does it constitute acceptance of a substitution.

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The Engineer will notify the Contractor of acceptance or rejection of the proposed substitution within 28 calendar days of receipt. If a decision on use of a substitute cannot be made within these time limits, the product originally specified shall be used.

No extension of contract time will be allowed through your failure to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted above.

Should the originally specified materials not be available within the specified contract time due to your failure to order and obtain such materials, you are responsible to provide, install and maintain a temporary “equal” material as approved by the City, and for replacing such temporary material with the required product upon availability. You are responsible for all costs associated with the installation, maintenance, and removal of the temporary product and the installation of the specified product, including an extended one year warranty to cover the final product installed.

Sufficient funds to cover the purchase and installation of the specified product will be withheld until such work has been completed and accepted by the City.

The use of any material or equipment so offered will be permitted only after written acceptance of the Contractor's offer by the Engineer. Such acceptance by the Engineer shall not relieve the Contractor from full responsibility from the efficiency, sufficiency, and quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified in the Contract Documents.

7.03 SUBMITTALS. This section supplements the requirements of section 5-1.23, “Submittals” of the Standard Specifications.

All submittals must be electronic.

Accompany submittals with a transmittal form. Use a separate form for each item, class of material, equipment, and for items specified in separate specification sections. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are functionally related such that expediency indicates checking or review of the group or package as a whole.

Assign a sequential number to each submittal and note the number on the transmittal form accompanying each item submitted.

Submittal numbers shall have the following format:

XX.YY (NN-N.NN)
Where:

XX = the sequential submittal number
YY= the sequential number of the submittal (“01” for the first submittal, “02” for the second submittal, etc.) (NN-N.NN) identifies the specification section number that requires the submittal.

For example, if the twelfth submittal made is the quality control plan for sign panels, as required by section 56-2.01A, the initial submittal would be 12.01 (56-2.01A). If a re-submittal were required, it would be 12.02 (56-2.01A).

In general, allow 10 working days for Engineer’s review of submittals. Allow 20 working days for Engineer’s review of submittals that include shop drawings or calculations.

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SECTION 8. OTHER REQUIREMENTS

8.01 GENERAL. Section 8 includes specifications for miscellaneous project-specific work, and bid item descriptions.

8.03 PROJECT APPEARANCE. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply, at no additional cost to the City:

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. No stockpiling is allowed.

8.04 WORK SEQUENCING. Work sequencing shall conform to the provisions in Section 10-1.02, “Work Sequencing," of the Standard Specifications, the plans, and these special provisions.

Submitals for long lead items shall be submitted to the Engineer, and once approved ordered as the first order of business to not delay the commencement of construction activities.

The Contractor's sequence of construction operations shall provide for the maintenance of full and uninterrupted utility services, except that minor planned interruptions of utility services may be permitted, with prior written approval of the Engineer. The Contractor shall submit to the City a written notice of the intent to disrupt services at least ten days prior to the planned disruption. Said notice shall specify the dates and time, nature of the service disrupted, and a complete list of properties affected. It shall be the Contractor's responsibility to notify occupants of properties affected of any services interruptions and to coordinate the work necessitating the interruption with the appropriate owners, or their authorized agents, of the utilities involved. Approval by the Engineer to disrupt services shall be in no way relieve the Contractor of his responsibility for damage or preservation of property as specified in Section 5-1.36, “Property and Facility Preservation” and Section 5-1.39, “Damage Repair and Restoration " of the Standard Specifications.

8.05 DUST CONTROL. Control the dust resulting from construction of this project regardless of whether it is the result of your operations or caused by public traffic only.

8.06 WATERING. The application of water for dust control, landscaping, and other uses shall conform to Section 10-6 and applicable sections of the Standard Specifications, these special provisions, and as directed by the Engineer. Provide all the water required to perform any operations and work under this Contract.

8.07 OBSTRUCTIONS. Attention is directed to Section 5-1.36, “Property and Facility Preservation” of the Standard Specifications. Section 1540(a) 1 of Construction Safety Orders (Title 8) California Administrative Code, Section 1540 states:
"Prior to opening any excavation, effort shall be made to determine whether underground installations i.e., sewer, water fuel, electric lines etc., will be encountered and, if so, where such underground installations are located. When the excavation approaches the approximate location of such installation, the exact location shall be determined by carefully probing or hand digging; and, when it is uncovered, adequate protection shall be provided for the existing installation. All known owners of underground facilities in the area concerned shall be advised of proposed work at least two working days prior to start of actual excavation." Contractor shall call 811 and pothole as first order of business in order to determine the exact locations of the underground installations prior to any digging.

No extra payment will be allowed for the removal, replacement, repair, or possible increased cost caused by inadvertent or planned interception and breaking of underground obstructions which may exist.

Attention is directed to the existence of certain underground facilities that may require special precautions be taken by you to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 volts, either directly buried or in duct or conduit which do not have concentric grounded conductors or other effectively grounded metal shields or sheaths. If such facilities are not located on the plans in both alignment and elevation, no work shall be performed in the vicinity of said facilities, except as provided herein for conduit to be placed under pavement, until the owner, or his representative, has located the facility by potholing, probing, or other means that will locate and identify the facility. Any conduit to be installed under pavement in the vicinity of such facilities shall be placed by the trenching method as specified.

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You are responsible for the protection of utility facilities and services. Rearrangement of underground utilities may be required at various locations.

You are not liable to the various utility owners nor to the City of Seaside for the cost of utility rearrangements. You must:
(1) Coordinate the efforts of the utility owners in identifying all possible points of conflict between existing underground utilities and improvements to be constructed under this Contract, and (2) Coordinate your construction activities with the utility owners to expedite the rearrangement of existing underground utilities as necessary to construct the improvements as shown on the plans.

If utility conflicts exist when you start construction, be prepared to schedule your work around these conflicts. While you will be granted time extensions without penalty for utility delays if such delays impede your overall progress, no extra payment will be made for utility delays.

Notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure.

8.08 MAINTAINING TRAFFIC.

Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specifications and to the Section 5.03, "Public Safety" in these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.04. Lane closures shall conform to the provisions in section 12 of these special provisions.

At the pre-construction meeting, submit Traffic Control Plan(s) conforming to the latest California MUTCD, Part 6 “Temporary Traffic Control,” and the requirements of these Special Provisions for acceptance by the Engineer.

Notify local authorities of your intent to begin traffic control work at least 5 working days before work is begun. Cooperate with local authorities relative to handling traffic through the area and make your own arrangements relative to keeping the working area clear of parked vehicles.

The City does not share cost. Contractor bears the entire cost of flagging, including furnishing all flaggers, stands, towers and the transportation of flaggers.

The provisions in this section shall in nowise relieve you from your responsibility for providing for the safety of the public as provided in said Section 7-1.04 nor relieve you from your responsibility for damage as provided in Section 5-1.39, “Damage Repair and Restoration " If not otherwise specified, whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 p.m. on Fridays and the day preceding designated legal holidays, and when construction operations are not actively in progress.

Designated legal City holidays are: New Year’s Day, Dr. Martin Luther King’s Birthday, President’s Day, Cesar Chavez Day Observed, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day Following Thanksgiving Day, Day before and Christmas Day. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday.

Unless otherwise specified, provide a minimum of one paved traffic lane for each direction of travel, not less than 10 feet wide, for use by public traffic.

Contractor must provide entry and exit routes for residences located on one way streets during construction phase.

8.09 COOPERATION. The Monterey Peninsula School District (MPUSD) will be constructing improvements at Ord Terrace Elementary School in June through July. There are overlapping limits of work and contractor is expected to coordinate construction activities in conjunction Packet Page 577
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with MPUSD’s contractor with regards to any City work. In the event construction is under way by other forces or by other contractors within or adjacent to the limits of the work specified, cooperate with the other contractors or other forces to the end that any delay or hindrance to their work will be avoided. Each contractor shall be responsible to the other for damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

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SECTION 9. BID ITEM DESCRIPTION

9.01 BID - ITEMIZED AS SPECIFIED BY THE PROJECT
Bid Item 1. Mobilization
The lump sum price paid for "Mobilization" shall be considered as full compensation for mobilization as specified herein, including but not limited to notifications, project records and documents, obtaining all required permits, licenses, and paying all fees, moving on the site any equipment required for the operations, preparatory work, coordination and cooperation, inquiring information about other anticipated projects in the project areas and coordination to minimize delays, project meetings, developing construction water supply, providing on-site sanitary facilities, developing a temporary construction staging area, subcontractor insurance and bonds, Contractor insurance and bonds, demobilization and all other mobilization work, and no additional payment shall be allowed therefor.

Bid Item 2. Traffic Control And Construction Area Signs The contract lump sum price paid for “Traffic Control And Construction Area Signs” shall include full compensation for traffic control plans, including revisions to the satisfaction of the Engineer, furnishing all labor, including traffic control supervision, materials (including signs and barricades), flaggers, tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control system including all lane closures necessary for any activities during the life of the project and as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.

Bid Item 3. Water Pollution Control
The contract lump sum price paid for Water Pollution Control shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 4. Construction Staking
The contract lump sum price paid for “Construction Staking” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 5. Remove Pavement Delineation
The contract lump sum price paid for “Remove Pavement Delineation” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved to remove the pavement delineation as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 6. Remove Asphalt Concrete and Base
The contract per square foot price paid for “Remove Asphalt Concrete and Base” shall be considered full compensation for asphalt concrete removal and disposing of all material, temporary pavement markings, sweeping and for furnishing all labor, materials, equipment and incidentals to accomplish the work as specified herein and no additional compensation will be allowed.

Bid Item 7. Remove Concrete and Base
The contract per square foot price paid for “Remove Concrete and Base” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in removing concrete and base as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 8. Hot Mix Asphalt (Type A)
The contract per ton price paid for “Hot Mix Asphalt (Type A)” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved for placing hot mix asphalt as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

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Bid Item 9. Aggregate Base
The contract per ton price paid for “Aggregate Base” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing aggregate base as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 10. Minor Concrete – Curb and Gutter
The contract per lineal foot price paid for “Minor Concrete – Curb and Gutter” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing curb and gutter as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 11. Minor Concrete – Sidewalk
The contract per square foot price paid for “Minor Concrete – Sidewalk” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing sidewalk as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 12. Minor Concrete – Refuge Island
The contract per square foot price paid for “Minor Concrete – Refuge Island” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in constructing the refuge island as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 13. Minor Concrete – Curb Ramp
The contract price paid per each unit identified in the bid schedule “Minor Concrete – Curb Ramp” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in constructing the curb ramps as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 14. Truncated Domes
The contract price paid per each unit identified in the bid schedule “Truncated Domes” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in installing the truncated domes as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 15. Adjust Pullbox to Grade
The contract price paid per each unit identified in the bid schedule “Adjust Pullbox to Grade” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in adjusting the pullbox to grade as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 16. Pavement Marking Thermoplastic Yellow
The contract per square foot price paid for “Pavement Marking Thermoplastic Yellow” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping yellow thermoplastic pavement markings as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 17. Pavement Marking Thermoplastic White
The contract per square foot price paid for “Pavement Marking Thermoplastic White” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping white thermoplastic pavement markings as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 18. Pavement Striping Thermoplastic Yellow
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as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 19. Pavement Striping Thermoplastic White
The contract per lineal foot price paid for “Pavement Striping Thermoplastic White” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping white thermoplastic pavement striping as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 20. Red Curb Paint
The contract per lineal foot price paid for “Red Curb Paint” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in installing red curb paint as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

Bid Item 21. Install New Sign, Post and Foundation
The contract price paid per each unit identified in the bid schedule. “Install New Sign, Post and Foundation” shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new sign and posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Bid Item 22. Install Delineator Post
The contract price paid per each unit identified in the bid schedule. “Install Delineator Post” shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing delineator posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Bid Item 23. Install New Wireless Solar Powered RRFB and Warning Sign Assemblies The contract price paid per each unit identified in the bid schedule. “Install New Wireless Solar Powered RRFB and Warning Sign Assemblies” shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new RRFBs complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Bid Item 24. Install 4” Galvanized Post and Foundation
The contract price paid per each unit identified in the bid schedule. “Install 4” Galvanized Post and Foundation” shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new sign and posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

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SPECIAL PROVISIONS VOLUME II – TECHNICAL SPECIFICATIONS

10.01 MOBILIZATION
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, materials, equipment and supplies to the project site, including administration, overhead, bonds, insurance and incidentals; for the establishment of all facilities necessary for work on the project, including staging for equipment and materials; and for all other work and operations which shall be performed or costs incurred before starting work on the various Contract items. Mobilization as considered in this section shall include de- mobilization of equipment, materials and personnel upon completion of construction.

B. Submit Construction Equipment and Materials Staging & Routing Plan in accordance with CA MUTCD 2009 Edition for review and approval by City prior to mobilization. The submittal must confirm locations for after-hour placement of equipment and materials and routes that equipment and material transport will take to project site.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

3.01 MOBILIZATION
A. Contract working days begin on effective date stated on Notice to Proceed and mobilization and demobilization activities shall be counted as part of the Contract working days.

3.02 STAGING
A. Contractor’s construction equipment, materials and required toilet facilities are not allowed to remain within the public right-of-way outside of regular working hours. Toilet facilities as required by 8 CCR § 1526 shall be removed from the public right-of-way after regular working hours. It is recommended to utilize a portable toilet facility mounted on a trailer for easier relocation on a daily basis.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract lump sum price for Bid Item 1 Mobilization and Demobilization shall include all items described in this Mobilization section and shall include full compensation for all work involved for furnishing all labor, tools, equipment and incidentals, complete, in place, as indicated in the Contract documents, and as directed by the Engineer.

B. Partial payments will be made in accordance with Public Contract Code § 10264.

END OF SECTION

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10.02 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work also includes submittal of phased temporary traffic control Plans for City review and approval, in addition to temporary traffic control Plans for the other distinct items of work.

B. Temporary traffic control shall be performed in accordance with Part 6, “Temporary Traffic Control” of the latest California Manual on Uniform Traffic Control Devices (California MUTCD or CAMUTCD).

C. Nothing in these specifications shall be construed as relieving the Contractor from their responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7─1.09, "Public Safety," of the General Provisions.

PART 2 MATERIALS

2.01 TEMPORARY TRAFFIC CONTROL DEVICES
A. All temporary traffic control devices must conform to the materials provisions in the latest California MUTCD and Section 12 of the Standard Specifications for each particular device.

PART 3 EXECUTION

3.01 SCHEDULE OF OPERATIONS AND TEMPORARY TRAFFIC CONTROL PLAN A. The Contractor shall submit a detailed schedule of operations (of the various distinct items of work) and corresponding temporary traffic control plans to the City by the date of the pre-construction meeting for review and comment. No work will begin until the temporary traffic control plans have been approved.

3.02 TEMPORARY TRAFFIC CONTROL PLAN REQUIREMENTS
A. It is recommended that temporary traffic control plans be prepared by a California licensed traffic engineer or professional engineer specializing in traffic engineering or by a company specializing in the preparation of temporary traffic control plans.

B. All temporary traffic control plans (TCPs) must:
a. be submitted on 11”x17” or 24”x36” paper;
b. be computer generated in black and white and clearly visible when reproduced; c. use a scale no larger than 1”=80’ (TCPs requiring more than one sheet must use match lines); d. show north arrow in correct alignment;
e. include Contractor’s name, address, telephone number, and telephone number of the 24-hour contact person representing the Contractor;
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f. note the type of work that the submitted TCP will be used for and the duration of work; g. note the posted speed limit;
h. use California MUTCD sign code designations;
i. use the symbols shown on Table 6H-2 of the California MUTCD to identify cones/delineators, barricades, signs, flaggers, etc. (note, all symbols to be in black and white); j. be site specific (show existing lane geometry, medians, driveways, sidewalks, bus stops, etc.); k. show all streets in the work zone vicinity to ensure proper orientation; l. show all parking restriction zones and signs, as appropriate; m. show all existing traffic signals and traffic control signs; n. show staging area and materials storage area, as appropriate; o. show signs and barricades that will be required to direct pedestrians through or around the construction work zone;
p. provide a line map showing detour route and signage for all half road or full road closures; q. label all taper lengths and widths, delineator spacing and sign spacing (all dimensions to be shown on the plan and not in table form).

C. Additional requirements could be needed dependent upon each situation.

D. The following General Notes shall be added to the temporary traffic control plan:

1. The City, through its designated employees, reserves the right to initiate field changes to assure public safety.

2. Road closures will require minimum (5) working day notice and shall be approved by the Department of Public Works Traffic Engineering Division prior to closure.

3. All traffic control devices shall be removed from public right-of-way when not in use.

4. Work hours shall be restricted to between 8:00 a.m. to 5:00 p.m. with traffic controlled cleared by 5:00 p.m. unless approved otherwise. For work to be completed within the State Right of Way, regular working hours are 7:00 p.m. to 7:00 a.m.

5. All sidewalks and pedestrian pathways shall be clear of debris and ADA accessible after work hours unless pedestrian detours are approved.

6. Pedestrian controls shall be provided as shown on the plans.

7. Temporary "NO PARKING" signs shall be posted 72 hours prior to commencing work.

8. Access to driveways will be maintained at all times unless other arrangements are made.

9. All flaggers shall be equipped with a hard hat, two-way radios, and "Stop/Slow" paddle. In addition, all flaggers shall be trained in the proper fundamentals of flagging traffic.

10. Any work that disturbs normal traffic signal operations shall be coordinated with the City of Seaside's Traffic Supervisor, 72 hours prior to beginning construction (if work will be done on a Monday, notice shall be given by the end of business day the Thursday before) to Billy Thomas at (831) 899-6745.

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11. The Contractor shall maintain all temporary traffic control devices 24 hours per day and 7 days per week.

12. A minimum of twelve (12) foot travel lanes shall be maintained, (14) foot travel lanes when Class II bike lanes are closed. No lane closures will be allowed.

3.03 TEMPORARY TRAFFIC CONTROL
A. Temporary traffic control must consist of closing traffic lanes and setting up necessary devices, signs, detours and providing all temporary traffic control including flag persons in accordance with the provisions of this section, California MUTCD and Section 12 - Temporary Traffic Control, of the Standard Specifications, on the roadway where work is occurring and on the connecting streets and access points in the area of work.

B. Detour plans shall be submitted to City for review and approval prior to initiation of construction activities that would continuously obstruct traffic within a given work day.

C. If any component in the temporary traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor must immediately repair said component to its original condition or replace said component and must restore the component to its original location.

3.04 CONSTRUCTION AREA SIGNS
A. Construction area signs shall be furnished, installed, maintained, and removed, when no longer required, in accordance with the provisions in Section 12, “Temporary Traffic Control,” of the Standard Specifications and these Special Provisions.

B. The Contractor shall notify the appropriate regional notification center for operations of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to commencing any excavation for construction area sign posts.

C. All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment.

D. The location for each sign shall be approved in advance by the Engineer. Signs shall be mounted on temporary roll up vinyl signs on metal stand. The required size of each of the signs shall be 36” x 36” for W20-1, “Road Work Ahead,” and 36” x 36” for G20-2, “End Road Work.” The sign panels for all construction area signs, including temporary signs, shall conform to Section 12-3.11 of the Standard Specifications.

3.05 PARKING RESTRICTIONS
A. Parking restrictions and duration of restrictions on the street are subject to authorization of the Engineer.

B. Contractor shall post notifications 72 hours in advance of restricted parking at all areas authorized for no parking. To legally tow vehicles parked in posted construction zones, the 72 hour advance notification is required.

3.06 FLAGGING
A. Flagger qualifications and flagging must comply with Chapter 6E – Flagger Control, of the latest California MUTCD.

B. The Contractor shall provide all flag persons necessary for the direction of traffic through or around the work, including but not limited to providing a flag person at all times during the unloading of concrete or asphalt trucks.

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PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract lump sum price paid for Bid Item 2 Traffic Control And Construction Area Signs shall include full compensation for traffic control plans, including revisions to the satisfaction of the Engineer, furnishing all labor, including traffic control supervision, materials (including signs and barricades), flaggers, tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control system including all lane closures necessary for any activities during the life of the project and as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.

END OF SECTION
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10.03 WATER POLLUTION CONTROL
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Refer to Section 13-2 of the Standard Specifications for requirements related to development and implementation of a Water Pollution Control Program. The soil disturbance area is less than 1 acre and is therefore exempt from the General Construction Storm Water Permit (Water Quality Order 99-08- DWQ). Refer to Section 13-4 for Job Site Management requirements, Section 13-5 for Temporary Soil Stabilization, Section 13-6 for Temporary Sediment Control, Section 13-7 for Temporary Tracking Control, and Section 13-9 for Temporary Concrete Washouts.

B. You are responsible for penalties assessed or levied on you or the City as a result of your failure to comply with the provisions in this section “Water Pollution Control,” including, but not limited to, compliance with the applicable provisions of the Manuals, and Federal, State, and local regulations and requirements as set forth therein. Notwithstanding any other remedies authorized by law, the City may retain money due to you under the contract, in an amount determined by the City, up to and including the entire amount of Penalties proposed, assessed, or levied as a result of your violation of the Federal or State law, regulations or requirements.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

NOT APPLICABLE
PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract lump sum price paid for Bid Item 3 Water Pollution Control shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.04 CONSTRUCTION STAKING
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This section specifies the work for construction staking which consists of providing all labor, tools, equipment, materials and incidentals necessary to locate by staking all improvements, to the line and grade shown on the plans.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

3.01 GENERAL
A. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction.

B. All work shall be staked in order to meet the lines and grades shown on the plans. Copies of all survey cut sheets shall be provided to the City Engineer two (2) working days before the planned work begins.

C. Finished grade elevations, pipe flowlines, and walls shall be within minus five hundredths (-0.05) foot of elevation and plan location.

D. Prior to concrete pouring, formwork and survey staking shall be reviewed and approved by the City Engineer.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract lump sum price paid for Bid Item 4 Construction Staking shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.05 REMOVE PAVEMENT DELINEATION
PART 1 GENERAL

1.01 SCOPE OF WORK
A. All existing pavement markers, when no longer required for traffic lane delineation, shall be removed to the limits as shown on the plans or as directed by the Engineer, and properly disposed of. The pavement markers shall be maintained, as long as practical, until the removal is scheduled.

Adequate lane markings and temporary traffic control shall be provided at all times.

B. Attention is directed to the Section 84-2, “Traffic Stripes and Pavement Markers,” of the Standard Specifications and the section titled “Water Pollution Control,” of these Special Provisions.

C. Nothing in these Special Provisions will relieve the Contractor’s responsibilities as provided in the section titled, “Public Safety,” of these Special Provisions.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

3.01 GENERAL
A. Existing thermoplastic traffic stripes, pavement markings and markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of outside the right of way in accordance with the provisions in Section 13─4.03E(8) of the 2018 Standard Specifications, by industry standard grinding methods and must not be performed by using flame or heat methods.

B. Removal and disposal of yellow traffic stripes shall conform with the provisions of Section 14-11.2 of the 2018 Standard Specifications.

3.02 REMOVAL OF DEBRIS
A. All debris generated from this activity shall be hauled off-site at the end of each work day.

3.03 LEAD COMPLIANCE PLAN
A. Yellow thermoplastic and yellow paint traffic stripe exist along the length of the project. Residue produced when yellow thermoplastic and yellow paint are removed may contain heavy metals in concentrations that exceed thresholds established by the California Health and Safety Code and may produce toxic fumes when heated. The existing pavement markings must be tested for lead content. If the evaluation indicated elevated levels of lead and chromium, residue from the removed markings must be treated as a hazardous waste, and must be handled and disposed of in accordance with the requirements outlined below.

B. Prepare and submit a Lead Compliance Plan in accordance with Section 7-1.02K (6) (j) (ii) of the Standard Specifications. Before submission to the Engineer, the Lead Compliance Plan must be approved by an Industrial Hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. The Plan must be submitted to the Engineer at least 7 days prior to beginning removal of yellow thermoplastic and yellow paint. Perform all removal work according to the Plan.

C. The removed yellow thermoplastic and yellow paint must be disposed of at a Class 1 disposal facility or a Class 2 disposal facility permitted by the Regional Water Quality Control Board in conformance with the requirements of the disposal facility operator within 5 days after accumulating 220 pounds of residue and dust.

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D. Where grinding or other methods approved by the Engineer are used to remove yellow thermoplastic and yellow painted traffic stripe, the removed residue, including dust, must be contained and collected immediately. Sweeping equipment must not be used. Collection must be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Engineer.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract lump sum price paid for Bid Item 5 Remove Pavement Delineation shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved to remove the pavement delineation as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.06 REMOVE ASPHALT CONCRETE AND BASE
PART 1 GENERAL

1.01 SCOPE OF WORK
This work shall consist of removing existing asphalt concrete pavement and disposing of grinded material as shown on the project plans. “Remove Asphalt Concrete and Base” includes the grind and removal of existing pavement and aggregate base for Full Depth HMA treatments identified in the plans.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION
A. Roadway base and surfacing shall be removed as required for the roadway in accordance with Section 19, “Earthwork,” of the State Standard Specifications and these Technical Specifications, as shown on the plans, and as directed by the Engineer. This bid item also includes removal of base rock as required for the improvements..

B. Temporary pavement markings shall be provided if section will be opened to traffic. Refer to Traffic Striping section of these Specifications for pavement striping and marking. Refer to Section 10-2.04, Traffic Control, of the Special Provisions for additional information.

C. Unless otherwise specified in the Special Provisions all material removed shall be considered the property of the Contractor and shall be disposed of by the Contractor.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per square foot price paid for Bid Item 6 Remove Asphalt Concrete and Base shall be considered full compensation for asphalt concrete removal and disposing of all material, temporary pavement markings, sweeping and for furnishing all labor, materials, equipment, and incidentals to accomplish the work as specified herein and no additional compensation will be allowed.

END OF SECTION

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10.07 REMOVE CONCRETE AND BASE
PART 1 GENERAL

1.01 SCOPE OF WORK
A. The Contractor shall remove and dispose of existing portland cement concrete curb, gutter, sidewalk, driveway, curb ramp, and valley gutter, at the locations shown on the Plans. When curb and gutter are removed, the Contractor shall immediately place portable delineators along the edge of the pavement.

Portable delineators shall be 36-inch minimum height, orange with white reflectors. The delineators shall be maintained by the Contractor until new curb and gutter are placed. All materials removed shall be legally disposed of in accordance with Section 7-1.04, “Public Safety,” of the Standard Specifications.

B. Existing concrete to be removed shall be sawcut at the nearest joint or score line. Any existing concrete damaged by reason of the Contractor’s operations outside this limit shall be repaired at the Contractor’s expense. The repair shall be made by removing and replacing the entire portion between weakened plane joints or score lines.

C. Nothing in these Special Provisions shall relieve the Contractor of the Contractor’s responsibility as specified in Section 7-1.04, “Public Safety,” of the Standard Specifications.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

NOT APPLICABLE
PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per square foot price paid for Bid Item 7 Remove Concrete and Base shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in removing concrete and base as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.08 HOT MIX ASPHALT
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work includes producing and placing hot mix asphalt (HMA) Type A for Overlay Conditions and Full Depth HMA Conditions.

B. The contractor shall place hot mix asphalt (HMA) Type A with the thickness shown on the plans.

C. Comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications except as modified herein.

D. Submit JMF information on Form CEM-3511 and Form CEM-3512. Submit Form CEM-3513 for mixes that have been verified within last 12 months. For unverified mixes, coordinate mix verification with Engineer.

E. Submit Quality Control Plan that conforms to the current Caltrans Quality Control Plan Review Checklist for Hot Mix Asphalt. Allow 20 calendar days for review.

PART 2 MATERIALS

2.01 HOT MIX ASPHALT
A. The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-10.

B. The aggregate for HMA Type A must comply with the 3/8” gradation for leveling course, 1/2” gradation for the final lift and 3/4” gradation for the lower lifts and base repair areas as shown on the plans.

C. The tack coat shall be emulsified asphalt of grades RS1, RS2, SS1, or SS1h, conforming to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications.

PART 3 EXECUTION

3.01 SURFACE PREPARATION
A. This work consists of preparing the existing street surface prior to the commencement of paving.

Such work shall include compacting and removing loose and broken asphalt concrete pavement and foreign material as specified in the Standard Specifications and these Technical Provisions, and as directed by the Engineer.

3.02 SAMPLING
A. The Owner’s Engineer will have the right to obtain samples of all materials to be used in the work and to test such samples for the purpose of determining specification compliance. The Owner reserves the right to obtain said samples at the point of delivery and/or at the point of manufacture.

The Owner shall also have the right to inspect sources of materials to be used in the work to determine workmanlike procedures used by the materials supplier. The contractor shall facilitate the sampling process.

3.03 VERTICAL JOINTS
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A. Do not leave a vertical joint more than 0.15 foot high between adjacent lanes open to public traffic.

Place W8-11 "UNEVEN LANES" signs adjacent to the traveled way's outside edge. Place the first W8-11 sign where the vertical joint begins in the direction of travel on that lane. Place the W8-11 signs at 1,000-foot maximum intervals and at ramps and public roads entering the traffic lane.

3.04 TRANSPORTATION AND PLACEMENT
A. The asphalt concrete shall be delivered in a thoroughly blended condition and shall be spread by an asphalt paving machine in such a manner as to avoid segregation during the placing operations.

Areas inaccessible to spreading and compaction equipment may be paved by such methods as may be approved by the Owner’s Engineer. Initial rolling shall be performed immediately after placement.

No asphalt concrete is to be placed when the atmospheric temperature is below 50 degrees Fahrenheit.

3.05 EQUIPMENT
A. PAVING MACHINE
Asphalt pavers shall be mechanical spreading and finishing equipment, provided with a screed or strike off assembly capable of distributing the material to not less than eight (8) feet. Screed action shall include any cutting, crowding or other practical action which is effective on the mixture without tearing, shoving, or gouging, and which produces a surface texture of uniform appearance. The screed shall be adjustable to the required section and thickness. The paver shall be provided with a full width roller or tamper or other suitable compacting devices. Pavers that leave ridges, indentations or other marks in the surface shall not be used unless the ridges, indentations or other marks are eliminated by rolling or prevented by adjustment in operations.

B. COMPACTION ROLLERS
The Contractor shall furnish equipment capable of producing the required compaction. Vibratory rollers shall be double steel drum and have adjustable amplitude settings.

C. HAND EQUIPMENT
Sufficient vibraplates and hand tampers shall be provided to assure their immediate availability when placing asphalt concrete around planters, inside corners, or irregular areas. Torches for heating cold joints or making repairs shall be available during every paving operation. Lack of such hand equipment shall be cause to prevent paving from starting or continuing.

D. TACK COAT
The work to be performed shall consist of furnishing and applying tack coat in conjunction with asphalt concrete overlays and other asphalt concrete paving work.

Tack coat shall be emulsified asphalt of grades RS1, RS2, SS1, or SS1h, conforming to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications.

The tack coat shall not be applied until the preparation of the existing surface has been completed, and then only so far in advance of placing the asphalt concrete as permitted by the Engineer. Preparation of the surface shall be performed as described in these Technical Provisions. No tack coat shall be left exposed overnight.

Immediately in advance of placing the asphalt concrete, additional tack coat shall be applied as directed by the Engineer to areas where previously applied tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work.

Tack coat shall be applied to all vertical surfaces of existing pavement, curbs, gutters, and construction joints, against which additional material is to be placed, to a new or old pavement to be overlaid, and to other surfaces as designated by the Owner’s Engineer. Shields for protecting curb faces shall be provided and used during tacking of curb faces. The Contractor shall protect concrete surfaces that are not to be paved against from tack Packet Page 601
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coat spray or splash. Any tack coat more than one inch above the paving surface shall be removed by power washing or other means.

The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees Fahrenheit in the shade.

3.06 WORKMANSHIP
A. FINISHED SURFACE
The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, irregularities, rock pockets, excessive coarse aggregate, and roller marks.

Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued.

The Contractor shall provide sufficient manpower and manual compacting equipment to perform all handwork compaction in unison with the initial compaction rolling. If the handwork compaction begins to lag for whatever reason, the Contractor shall cease paving operations until the handwork compaction is caught up with the rest of the paving operation.

Areas of hand work at joints and miscellaneous structures shall match the smooth surface texture of all other areas of the new pavement. Any areas which have a rough surface texture shall be reworked with heat and asphalt concrete fines shall be placed. Coarse aggregate removed during raking shall not be returned to the finished mat surface. Such coarse aggregate may be returned to the hopper of the paving machine or spread immediately in front of the paver. Cold coarse aggregate shall not be reused, but discarded.

Finished areas of asphalt concrete adjacent to concrete drainage facilities shall be placed in such a manner that the finished surface is no greater than 1/4 inch higher than the facility and no lower than flush with the facility.

B. COLD JOINTS
The contractor shall heat by torch or other acceptable methods paving joints which do not receive an adjacent pass within 3 hours of placement. If the cold joint goes unpaved against overnight, the contractor shall heat the joint and place tack coat prior to placing the adjacent pass. Longitudinal pavement joints shall be on, or as close as possible to, the lane lines.

C. UNSTABLE SUBGRADE
The excavation and removal of additional unsuitable materials beyond the depths of excavations as shown on the Plans and additional backfill, if required by the Engineer, shall be in accordance with the Provisions in Section 19-1.03B, “Unsuitable Material,” of the State Standard Specifications.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per ton price paid for Bid Item 8 Hot Mix Asphalt (Type A) shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved for placing hot mix asphalt as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION
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10.09 AGGREGATE BASE
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Specifications for furnishing, spreading, and compacting aggregate base course for pavements as indicated.

B. Contractor shall provide submittal for each Respective manufacturer’s product data for manufactured products.

PART 2 MATERIALS

2.01 AGGREGATE BASE MATERIAL
A. Class 2 aggregate base shall be free of vegetable matter and other deleterious substances. Coarse aggregate, material contained on the No. 4 sieve, shall consist of material of which 25 percent by weight shall be crushed particles as determined by California Test Method No. 205. Class 2 aggregate base shall conform to one of the following gradings, determined in accordance with California Test Method No. 202:

Percentage Passing Sieves for ¾” maximum
Sieve Sizes
2 inch ----
1 ½ inch ----
1 inch 100
3/4 inch 90-100
No. 4 35-60
No. 30 10-30
No. 200 2-9
B. Class 2 aggregate base shall conform to the following additional requirements:

Tests Test Method No. Calif. Requirements
Resistance (R-Value) 301 78 min.

Sand Equivalent 217 22 min.

Tests Test Method No. Calif. Requirements
Durability Index 229 35 min.

2.02 SOURCE QUALITY CONTROL
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A. Submit certificate of compliance for approval prior to installation of material.

PART 3 EXECUTION

3.01 GENERAL
A. Call for an inspection by the Engineer and obtain written acceptance of the prepared subgrade or subbase before proceeding with the placement of aggregate base course.

B. The subgrade or subbase to receive aggregate base course, immediately prior to spreading, shall conform to the compaction and elevation tolerances indicated for the material involved and shall be free of standing water and loose or extraneous material.

3.02 INSTALLATION STANDARDS
A. Aggregate base course shall be applied over the prepared subgrade or subbase and compacted in accordance with Section 26 of the Caltrans Standard Specifications or as approved by the Geotechnical Engineer.

B. Aggregate base course shall be minimum uniform thickness after compaction of dimensions indicated. Where not indicated, compacted thickness shall be six inches for driveways/sidewalks and eight inches for roadways.

C. All compaction expressed in percentages in this section are as determined by California Test Method No. 216.

3.03 SPREADING OF MATERIAL
A. Aggregate for base course shall be delivered as uniform mixture of fine and coarse aggregate and shall be spread in layers without segregation.

B. Aggregate base course material shall be free from pockets of large and fine material. Segregated materials shall be remixed until uniform.

C. Aggregate base material shall be moisture-conditioned to near optimum moisture content in accordance with the applicable requirements of Section 17 of the Caltrans Standard Specifications.

D. Aggregate base course six inches and less in thickness may be spread and compacted in one layer.

For thicknesses greater than six inches, the base course aggregate shall be spread and compacted in two or more layers of uniform thickness not greater than six inches each

3.04 COMPACTING
A. Relative compaction of each layer of compacted aggregate base material shall be not less than 95 percent based on maximum dry density as determined by California Test Method No. 216 or as noted in the design plan.

B. Thickness of finished base course shall not vary more than 3/4 inch from the indicated thickness at any point. Base which does not conform to this requirement shall be reshaped or reworked, watered, and recompacted to achieve compliance with specified requirements.

C. The surface of the finished aggregate base course at any point shall not vary more than 3/4 inch above or below the indicated grade.

3.05 FIELD QUALITY CONTROL
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A. Perform field tests in accordance with California Test Method No. 216 as directed by the Geotechnical Engineer to determine compliance with specified requirements for density and compaction of aggregate base material.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per ton price paid for Bid Item 9 Aggregate Base shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing aggregate base as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.10 MINOR CONCRETE IMPROVEMENTS
PART 1 GENERAL

1.01 SCOPEOF WORK
A. New concrete facilities including curbs, gutters, sidewalks, ramps, and valley gutters shall be constructed at the locations indicated on the plans or as directed by the Engineer. Concrete curbs, and sidewalks, shall comply with Section 73 “Concrete Curbs and Sidewalks” of the Standard Specifications.

B. Refer to Caltrans Standard Plan A88A and A88B for curb ramp design requirements. All curb ramps shall have a 6-inch PCC concrete slab with a 4-inch Class 2 Aggregate Base. All other concrete outside of the ramp footprints shall be 4-inch PCC over 4-inch Class 2 Aggregate Base.

PART 2 MATERIALS

2.01 GENERAL
A. Minor Concrete for curbs, curb and gutter, and sidewalks must comply with Section 90-2 Minor Concrete of the Standard Specifications.

B. Aggregate base shall be Class 2, ¾” maximum conforming to the provisions in Section 26, “Aggregate Bases,” of the State Standard Specifications.

2.02 CONCRETE MIX DESIGN
A. The Contractor shall furnish a concrete mix design to the Engineer at least ten working days prior to the start of the work, based on the following guidelines.

B. Minor Concrete Facilities including curb, gutter, sidewalk, driveways, access ramps, etc. shall meet the following requirements:

Min. Compressive Strength: 3500 psi @ 28 days
Maximum Slump: 5 inches
C. The Contractor shall be responsible for all costs associated with the required mix design.

2.03 QUALITY CONTROL/ACCEPTANCE TESTING
A. Field testing shall include testing for concrete slump as per ASTM C-143 and compressive strength (C39). Such testing shall be at a frequency determined by the Engineer and shall be performed by the Owner’s laboratory at the Owner’s expense. The Contractor shall furnish the concrete necessary for casting test cylinders.

PART 3 EXECUTION
A. The construction of concrete curb, gutter and sidewalk marked in the field or shown on the plans shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the Standard Specifications and these special provisions.

B. Boundaries of concrete curb, gutter, and sidewalk removal have been noted on the plans and shall be removed according to the remove concrete section noted elsewhere in these special provisions, and as directed by the Engineer.

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C. Expansion joints, control joints and scoring shall match adjacent existing improvements or shall be as directed by the Engineer. The new improvements shall match the existing improvements at each end. Provide constant slope between ends if no other elevations are shown on the plans. Installation shall conform to the State Standard Specifications and the details shown in the Plans and herein in these special provisions.

D. The existing concrete shall be sawcut full depth prior to removal. Any concrete broken due to the Contractor’s failure to comply with these requirements shall be removed and replaced at the Contractor’s expense.

E. The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities.

F. Class 2 aggregate base, ¾ in. size, shall be placed under curb, gutter and sidewalks after excavating existing subgrade, as noted on plans, and be compacted to 95% relative compaction (ASTM D-1557)
G. The Contractor shall water test all repaired curbs and gutters, cross gutters, and other repaired drainage facilities in the presence of the City’s Inspector.

H. Commercial driveway and alley approaches, including the adjacent curb and gutter section, shall be removed and replaced within twenty-four hours. Curing time shall be seventy-two hours.

I. PROTECTION OF EXISTING FACILITIES
The contractor shall protect existing facilities from damage, and discoloration from concrete splash. Adjacent concrete facilities shall be covered during concrete placement to prevent concrete splash and excess concrete from staining the adjacent concrete. After initial placement, strikeoff and finishing, the protection shall be removed and the adjacent concrete cleaned.

Vertical existing facilities such as light poles, walls, fences, etc. shall be protected with plastic extending a minimum of three feet above the concrete surface. After initial placement, strikeoff and finishing, the protection shall be removed and the vertical surfaces cleaned.

It shall be the contractor's responsibility to protect the existing improvements adjacent to new concrete improvements such as fences, landscaping, irrigation, hardscaping, etc.

J. SUBGRADE
After the subgrade is prepared, moisture conditioned, and compacted to 90% relative compaction at zero to three percent over optimum, the Contractor shall continuously maintain the sub-grade in a uniform condition at the moisture content obtained during sub-grade compaction until the concrete is placed.

K. FORMING
Wooden forming shall be of two-inch nominal thickness staked at two-foot intervals. The maximum gap at the bottom of the forms shall be 1-3/4 inches.

L. TOLERANCES
The maximum variation from design elevation shall not exceed +/- 0.02 feet. In some instances, particularly in critical drainage areas, tolerances may be reduced to zero. Concrete facilities shall be installed to maintain or provide positive drainage. Questions regarding applicable tolerances shall be directed to the Engineer fortyeight hours in advance of the work.

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When shown on the drawings, the concrete shall be set at the design elevations. When existing facilities are to be removed and replaced, they shall conform to the existing elevations and grades. Generally, this will be at a straight line between the start and end points of the removal.

M. PLACING AND FINISHING
a. GENERAL
The concrete shall be deposited on a moist grade in such a manner as to require as little re-handling as possible. Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreign substances.
b. STRIKEOFF, CONSOLIDATION, AND FINISHING
In general, adding water to the surface of the concrete to assist in finishing operations shall not be permitted.

Before final finishing is completed and before the concrete has taken its initial set, the edges shall be carefully finished with the radius shown on the plans or a radius to match the existing construction.

Concrete shall be thoroughly consolidated against and along the faces of all forms and adjacent concrete. After the forms are removed, excess concrete below the form surface shall be removed to be flush with the form face.

All new concrete shall match existing facilities in texture, color, and appearance. c. CONCRETE PROTECTION
The Contractor shall always have materials available to protect the surface of the fresh concrete against rain. These materials shall consist of burlap, curing paper, or plastic sheeting. If plastic sheeting is used, it shall not be allowed to contact finished concrete surfaces.

The Contractor shall also protect the concrete against traffic and vandalism. If the concrete is damaged or vandalized, the Contractor shall make the necessary repairs at its own expense. The repair procedure for damaged or vandalized concrete shall be approved in advance by the Engineer. d. CURING
Concrete shall be cured by protecting it against loss of moisture, rapid temperature change, and mechanical injury for at least three days after placement. White or clear liquid membrane compound shall be used. After finishing operations have been completed, the entire surface of the newly placed concrete shall be covered by the curing medium. The edges of the concrete exposed by the removal of forms shall be protected immediately to provide these surfaces with continuous curing treatment.

The concrete shall be allowed to cure for seventy-two hours prior to placing adjacent asphalt concrete. e. JOINTS
Control joints shall be placed at a maximum spacing of ten feet unless shown otherwise on plans.

Control joints in all PCC facilities, except sidewalks, shall be formed by tooling a deep joint or by using expansion joint material. If expansion joint material is used, a minimum of two 1/2 inch by eighteen inch dowels shall be used with additional dowels placed every twenty-four inches.

Control joints in sidewalks may be made using a tooled joint which shall extend a minimum of 1/4 of the depth of the concrete and shall not be less than 1-1/2 inches in depth.

Expansion joints shall be required at a maximum of sixty-foot intervals on curbs, curbs and gutters, cross gutters, swales, and sidewalks. Expansion joints shall also be required on all corners of curbs, curbs and gutters, sidewalks, at the outside boundary of access ramps, and other locations with Packet Page 610
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discontinuities or reentrant corners which may cause cracking. f. CLEANUP AND BACKFILL
After the concrete is placed, cured, and the forms have been removed, the Contractor shall clean the site of all concrete and forming debris.

After curing has been completed and the forms have been removed from the new curb and gutter or sidewalk, the resulting void after excavation shall be backfilled with clean native material.

The Contractor shall remove all USA markings, Engineer markings, and Surveyor markings (created for the purpose of the work being done) when work in a particular area is complete by water blasting or other non-destructive method as approved by the Engineer. Sandblasting or grinding to remove markings will not be allowed.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per lineal foot price paid for Bid Item 10 Minor Concrete – Curb and Gutter shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing curb and gutter as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

B. The contract per square foot price paid for Bid Item 11 Minor Concrete – Sidewalk shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in placing sidewalk as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

C. The contract per square foot price paid for Bid Item 12 Minor Concrete – Refuge Island shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in constructing the refuge island as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

D. The contract price paid per each unit identified in the bid schedule Bid Item 13 Minor Concrete – Curb Ramp shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in constructing the curb ramps as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

E. Payment for removing USA painted markings shall be considered as included in the cost of the various items of work shown on the Bid Proposal and no additional compensation will be allowed therefor.

END OF SECTION

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10.11 DETECTABLE WARNING SURFACE (TRUNCATED DOMES)
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work includes furnishing and installing truncated domes into new curb ramps.

PART 2 MATERIALS

2.01 GENERAL
A. A prefabricated, cast in place, detectable warning surface tile consisting of raised truncated domes having an inline pattern shall be installed on all PCC curb ramp surfaces. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538.

B. The prefabricated detectable warning surface tiles shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be that the surface shall be set in place in conformance with the manufacturer’s recommendations. The cast in place tiles shall be an epoxy polymer composition with an ultraviolet stabilized coating employing aluminum oxide particles in the truncated domes.

C. The detectable warning surface shall be Armor Tile as manufactured by Engineered Plastics Inc, Access Tile, ADA Signs Depot or an approved equivalent. The manufacturer must provide a written five (5) year warranty guaranteeing replacement when there is defect in the dome shape, color fastness, sound on cane acoustic quality, resilience, or attachment. The warranty period will begin upon acceptance of the contract.

D. Submittals shall include technical and product data, performance reports, certificates of compliance and installation instructions for proposed materials and products as requested by the Engineer.

PART 3 EXECUTION

3.01 GENERAL
A. The Contractor’s attention is directed to the section titled “PCC Curb Ramp Including Retaining Curb” of these Special Provisions.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
The contract price paid per each unit identified in the bid schedule Bid Item 14 Truncated Domes shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in installing the truncated domes as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.12 ADJUST PULLBOX TO GRADE
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Valve boxes and other similar facilities shall be adjusted to grade after sidewalk and/or pavement improvements, where applicable, in accordance with the applicable provisions of Section 15-1.03 of the Standard Specifications. Contractor shall adhere to applicable utility agency requirements for raising utility. Adjustment of PG&E facilities shall be per Greenbook requirements.

PART 2 MATERIALS

NOT APPLICABLE
PART 3 EXECUTION

3.02 GENERAL
A. Existing water valve access covers and fire hydrants shall be adjusted to grade in accordance with the City Standards and these Specifications.

B. Where frames and covers cannot be lowered flush after cold planing or before replacing asphalt surfacing, frames and covers shall be protected utilizing the following alternatives C. Ramp section (cut-back) around "iron" and paint white D. Place lighted Portable Barricade over iron
E. All utility covers encountered in the area to be overlaid with Hot Mix Asphalt shall be carefully referenced out using spray chalk or similar non-permanent marking media prior to the overlay by the Contractor. Using the reference markings, the locations of the covers shall be painted on the pavement surface immediately after paving to assure they can be found in an emergency.

F. Covers shall be adjusted so that there will not be any perceptible difference in elevation between the finished pavement surface and the cover. The Engineer shall be the sole judge of the acceptable degree of smoothness of passage of a motor vehicle over the adjusted covers.

G. Portland cement concrete used for adjusting covers shall be minor concrete conforming to the requirements of Section 90-2 “Minor Concrete” of the Standard Specifications with at least 505 pounds of cementations material per cubic yard and 1-inch maximum graded coarse aggregate. No bagged mix is permitted.

H. Mortar used in resetting maintenance hole covers shall conform to the provisions in Section 51-

1.02F, "Mortar" of the State Standard Specifications.

I. Salvaged materials which are undamaged may be reinstalled as directed by the Engineer.

J. Structures built of cast-in-place or precast concrete and brick or vitrified clay pipe parts shall be replaced in kind, unless otherwise permitted by the owners of the facilities.

K. Each of the respective utility company shall retain the ability to decrease the amount of a contract item of work or eliminate in its entirety. No adjustment to the number of working days will be made.

L. Contractor shall provide at least 48 hours advance notice to each respective utility agency of iron castings to be adjusted to grade.

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PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract price paid per each unit identified in the bid schedule Bid Item 15 Adjust Pullbox to Grade shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in adjusting the pullbox to grade as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.13 TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS PART 1 GENERAL

1.01 SCOPE OF WORK
A. Traffic Stripes and Pavement Markings shall be Thermoplastic.

B. Thermoplastic traffic stripes (traffic lines) shall conform to the provisions in Sections 84-1, “General” and 84-2, “Traffic Stripes and Pavement Markings”, of the Standard Specifications and these Special Provisions.

PART 2 MATERIALS

2.01 THERMOPLASTIC
A. The thermoplastic material shall conform to Section 84-2.02B “Thermoplastic” of the Standard Specifications. Glass beads to be applied to the surface of the molten thermoplastic material shall conform to the requirements of Section 84-2.02D “Glass Beads” of the Standard Specifications.

B. Standard Specifications for thermoplastic material and glass beads may be obtained from the Transportation Laboratory, P.O. Box 19128, Sacramento, CA. 95819, (916) 739-2400.

C. Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 0.125-inch.

D. A primer of the type recommended by the manufacturer of the thermoplastic material shall be applied over all existing painted stripes and pavement legends to be covered with thermoplastic material as shown on the plans.

2.02 RED CURB PAINT
A. Paint for curbs shall comply with Section 842.02C “Paint” of the State Standard Specifications.

PART 3 EXECUTION
A. All construction shall conform to the respective provisions of the Standard Specifications, manufacturer’s installation requirements, and the Special Provisions.

3.01 EXISTING STRIPING AND MARKINGS
A. In areas where the existing striping to be replaced and updated, the contractor shall remove and replace all striping using methods as specified in the Standard Specifications by the Engineer.

B. The Contractor shall replace all striping which has been damaged or obliterated by or during the work.

This shall include striping replacement completely across the street even in the event that the Contractor’s work may not extend that far. Both lines of each crosswalk shall be completely restriped even if only a portion of a line has been obliterated.

C. When the Contractor’s work removes or reduces the visual appearance of a lane or centerline, the Contractor shall replace all striping between the adjacent intersections in both directions. Where a median exists, this work will be required only in the roadway where the work has occurred, unless a detour which altered the pavement markings occurred in the other roadway. In such cases, the striping will be replaced in both directions.

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3.02 LAYOUT FOR TEMPORARY AND PERMANENT STRIPING
D. The Contractor shall be responsible for compiling an existing striping and marking plan including but not limited to stop bars, legends, parking stall stripes, crosswalks and other traffic delineation markings within the project prior to removing, obliterating, covering any existing striping, or starting work on the affected street. This plan must be submitted to the Engineer and approved prior to commencing any striping and marking operations on the affected street.

E. All alignments and layout measurements, and other work necessary to locate and replace traffic stripes and pavement markings shall be performed by the Contractor.

F. The City will not provide any assistance, information, or materials to the Contractor. It will be entirely the responsibility of the Contractor to perform all necessary pre-construction and construction layout work, obtain all necessary measurements and information, and marking work as specified. All traffic control systems necessary for performing striping and marking, as directed by the Engineer, shall be the responsibility of the Contractor.

G. The Contractor shall physically tie down the location of the beginning and ending of each paint or thermoplastic marking type in the adjacent curb top. The marking location shall not exceed 50 square inches each. Any locations exceeding this limit shall be removed by the Contractor prior to acceptance of the work. The Contractor shall contact the City Engineer for review of tie downs.

H. The Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows, and other markings in accordance with the plans and City standard markings by cat tracking with painted marks. This shall occur no later than 2 hours behind the final surface course paving operation.

I. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. Temporary tab markers shall be placed not more than 12’ apart on curves nor more than 24’ apart on straight segments.

J. Temporary tab markers shall be the same color as the traffic stripe that they are replacing, shall measure 2” tall by 3-1/2” wide, and have a reflective lens across the width of the marker.

K. Prior to application of permanent striping and markers, the Contractor shall call for review and approval of the proposed striping by the City’s Traffic Engineer or agent. The City shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until after approval is granted by the Traffic Engineer. The Contractor shall allow a minimum of 3 working days for review of the layout by the City.

3.03 SCHEDULE
A. Raised pavement markers (RPM’s) shall be placed as specified in Subsection 81-3.02C, “Retroreflective Pavement Markers”, of the Standard Specifications. When utilizing hot melt bituminous adhesive, RPM’s shall be placed after the surface has been open to traffic for at least 7 days. When utilizing epoxy adhesive, RPM’s shall be placed after the surface has been open to traffic for at least 14 days.

Regardless of which adhesive is utilized, the RPM’s shall not be placed more than 21 days after paving or surfacing.

B. Permanent traffic striping and markings including legends and arrows shall be placed within 21 days after paving or surfacing, unless otherwise directed by the Engineer.

C. Temporary yellow marking tape denoting school crosswalks shall be placed the same day that the pavement surfacing is placed.

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D. Failure to comply with these requirements shall result in liquidated damages of $1,000 per day for each street that has not received permanent installation of the required raised pavement markers, traffic striping, and markings.

3.04 PAVEMENT STENCILS
A. The Contractor shall use stencils that conform to Caltrans Standard Plans and Details.

3.05 RETROREFLECTIVE AND RAISED PAVEMENT MARKERS CERAMIC NON-REFLECTIVE MARKERS NO

PLASTIC
A. Installation of both reflective and raised pavement markers shall conform to the provisions of Section 81-3 “Pavement Markers” of the Standard Specifications. Pavement markers shall be placed in the same pattern and locations as they were previously, except as shown on the plans or modified herein.

3.06 PAVEMENT DELINEATION – EXTRUDED THERMOPLASTIC NO SPRAY A. Pavement temperature shall be measured at the beginning of the shift on each working day and this information shall be provided to the Traffic Engineer.

B. No primer or thermoplastic shall be installed within 48 hours from the last measurable rain report as provided by the City.

C. Thermoplastic traffic striping, legends, and arrows shall conform to the provisions of Section 84-1, “General”; Section 84-2, “Traffic Stripes and Pavement Markings”; and refer to Section 81-3, “Pavement Markers”.

3.07 PERMANENT MARKERS CERAMIC NONREFLECTIVE PAVEMENT MARKERS NO PLASTIC A. Pavement markers shall be placed to the line established by the Contractor and approved by the Engineer, which will consist of temporary painted line or new or existing stripes one for each line of markers.

B. All additional work necessary to establish satisfactory lines for markers shall be performed by the Contractor.

C. At the option of the Contractor, a hot melt bituminous adhesive may be used to cement the markers to the pavement instead of the Rapid Set Type or Standard Set Type epoxy adhesive. Bituminous adhesive material shall conform to the following:

Specification ASTM Requirement
Flash Point, COC, ºF D 92 550 Min.

Softening Point, ºF D 36 200 Min.

Brookfield Thermosel
Viscosity, Centipoise, No. 27 Spindle, 20 RPM,400ºF D 4402 3,000-6,000 Penetration dmm, 100g, 55 seconds, 77ºF D 5 10 - 20
Filler Cement, percent by weight (Insoluble in1,1,1
Trichloroethane) D 2371 65 - 75
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D. Filler material used in bituminous adhesive shall be Type PC, Grade III, calcium carbonate conforming to ASTM D1199, and shall conform to the following gradation:

Sieve Size Percent Passing
No. 100 100
No. 200 95
No. 325 75
E. Bituminous adhesive shall be heated indirectly in an applicator with continuous agitation or recirculation.

Bituminous adhesive shall not be heated above the maximum safe heating temperature recommended by the manufacturer and shall not be applied at temperatures greater than 425ºF. nor less than 375ºF.

F. Immediately after application of the adhesive, pavement markers shall be placed in position and pressure applied until firm contact is made with the pavement.

G. Placement of pavement markers using bituminous adhesive shall conform to the requirements of Section 81-3.03B, “Hot Melt Bituminous Adhesive” of the Standard Specifications except blast cleaning shall be required.

H. The adjustment provisions in Section 9-1.06B of the Standard Specifications shall not apply.

3.08 RED CURB PAINT
A. Application shall consist of two separate coats of traffic paint of the appropriate color to the face and top of the curb.

B. Use mechanical wire brushing to remove dirt, contaminants, and loose material from the surface that is to receive the curb paint.

C. Use abrasive blast cleaning to remove laitance and curing compound from the surface of new concrete that is to receive the curb paint.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract per square foot price paid for Bid Item 16 Pavement Marking Thermoplastic Yellow shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping yellow thermoplastic pavement markings as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

B. The contract per square foot price paid for Bid Item 17 Pavement Marking Thermoplastic White shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping white thermoplastic pavement markings as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

C. The contract per lineal foot price paid for Bid Item 18 Pavement Striping Thermoplastic Yellow shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping yellow thermoplastic pavement striping as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

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D. The contract per lineal foot price paid for Bid Item 19 Pavement Striping Thermoplastic White shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in striping white thermoplastic pavement striping as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

E. The contract per lineal foot price paid for Bid Item 20 Red Curb paint shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in installing red curb paint as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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10.14 ROADSIDE SIGNS AND POSTS
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work includes furnishing and installing roadside signs (signing), on new posts and foundations at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions.

PART 2 MATERIALS

2.02 ROADSIDE SIGNS AND POSTS
A. Traffic signs and posts must conform to the materials provisions in the latest State Standard Specifications Section 82.

B. Signs shall be aluminum blank (0.080) gage minimum with a reflective sheeted face per State of California Specifications.

C. Pipe to which signs shall be attached shall be 2" (in-side diameter) galvanized steel pipe schedule 40.

Length of said posts shall be as directed by the Engineer. Traffic sign posts shall be buried in the earth not less than 2 feet and when so required by the Engineer, shall be embedded in concrete.

D. 1" x 1" x 1/8" brace required for unbalanced signs 30" and greater width.

E. Hardware shall be heavy duty aluminum of a type approved by the Engineer.

F. All signs shall be CA MUTCD standard sign at the size noted in the plans.

2.03 SUBMITTALS
A. Submittals shall include technical and product data, performance reports, certificates of compliance and installation instructions for proposed materials and products as requested by the Engineer.

PART 3 EXECUTION

3.01 ROADSIDE SIGNS AND POSTS
A. Installation of roadside signs on street light poles must not damage or scratch the paint of the street light pole. Any damage to the street light pole shall be repaired by the Contractor at their own cost.

B. Any damage to the relocated sign shall be repaired by the Contractor to the satisfaction of the Engineer and all costs of such repair shall be the sole responsibility of the Contractor.

C. All newly installed roadside signs shall be continuously covered from view, as directed by the Engineer, until they are required to control traffic.

D. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. The signs to be removed shall be salvaged and shall be returned to the City of Seaside. The existing signs to remain shall be protected during construction.

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E. Existing roadside signs, at locations shown on the plans to be salvaged, shall be removed, salvaged and delivered to a City of Seaside Corporation Yard at 610 Olympia Avenue.

F. Existing sign posts to be removed in sidewalk areas shall be removed by cutting and grinding the posts flush with the grade of the sidewalk. Any holes or depressions shall be leveled with grout; vertical ledges or protrusions greater that 1/8” shall not be allowed.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract price paid per each unit identified in the bid schedule Bid Item 21 Install New Sign, Post and Foundation shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new sign and posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

END OF SECTION

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10.15 DELINEATOR POSTS
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Specifications for providing and installing yellow traffic channelizer posts on pavement as indicated.

B. Contractor shall submit shop drawings and diagrams indicating dimensions of traffic channelizers including mounting equipment.

PART 2 MATERIALS

2.01 ROADSIDE SIGNS AND POSTS
A. Traffic channelizer posts shall have a Yellow or White post color and a White film color and shall conform to US Reflector specification sheet and CA MUTCD Section 3H.01. Each post shall have a minimum 8-inch diameter, be 30-inches tall and constructed of white PVC / polyethylene. Posts shall have a minimum 3-inch by 12-inch retroreflective surface. Each post shall be equipped with an internal zinc-coated spring and mounted onto a rigid base designed for bolt/screw-in installation into asphalt.

The posts shall be designed to withstand 60 mph impact while maintaining 360-degrees of flexibility B. Contractor shall install a portable delineator in accordance with the US Reflector specification sheet and with Section 12-3.04B of the Caltrans Standard Specifications and these Specifications.

PART 3 EXECUTION

3.01 ROADSIDE SIGNS AND POSTS
A. Install channelizers in accordance with the US Reflector specification sheet and with Section 12-3.05C of the Caltrans Standard Specifications and these Specifications.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract price paid per each unit identified in the bid schedule. Bid Item 22 Install Delineator Post shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing delineator posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

END OF SECTION

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10.16 RECTANGULAR RAPID FLASHING BEACON
PART 1 GENERAL

1.01 SCOPE OF WORK
A. This work includes removing existing equipment and installing new foundations, pull boxes, conduit, conductors, accessible pedestrian signals, push button assembly posts and solar powered RRFBs at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions.

PART 2 MATERIALS

2.01 RECTANGULAR RAPID FLASH BEACON SYSTEM
A. RRFB system shall be produced and/or manufactured by TAPCO, Carmanah, or approved equivalent.

B. Manufacturer shall provide a 5-Year Limited Warranty for the RRFB systems, with the exception of the batteries which shall be covered by a 1-year warranty.

C. The Rectangular Rapid Flashing Beacon System shall include the following components:
a. Network controller (1 per intersection/crossing) per manufacturer’s recommendation b. Rectangular Rapid Flashing Beacon (RRFB) unit single -sided as shown on the plans) c. S1-1 (Four 36” Pentagon) Signs
W16-7P (right arrow) (Two 24”x12”) Signs
W16-7P (left arrow) (Two 24”x12”) Signs
d. Spread spectrum wireless radio (1 per pole that requires power for RRFB unit(s)) 5. e. Accessible Pedestrian Signals (APS)
f. Battery-powered wireless bollard station
g. Pedestrian thermal detection sensor
h. Galvanized bollard or pole, as indicated on plans, with steel cap for push button installation (1 per location shown on the plans) with aluminum pedestal base, unless otherwise stated on plans. See plans for pole/bollard dimensions.

D. System shall be fully compliant with applicable FHWA and CA MUTCD guidelines.

E. System may include remote management capability and be online accessible.

F. System shall not require the installation or alteration of any other equipment or associated hardware, such as traffic signal controllers, Ethernet connections, local radios, local wireless connections or local networks.

G. The RRFB housing shall contain two primary light bars mounted in compliance with MUTCD requirements but exceeding the minimum 5" W x 2" H size and CA MUTCD total light emission requirements.

H. The overall dimensions of the RRFB unit shall be 29"W x 4"H x 1.5"D.

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J. The LEDs used in both the primary and secondary light bars shall be rated for a minimum 15-year life, and the light bars shall not protrude beyond the surface of the housing, shall not be mounted to the housing with exposed screws, and shall be covered with polycarbonate windows for durability and vandal resistance.

K. The RRFB shall draw attention at distances greater than 1000 feet during the day and over 1 mile at night.

L. The controller shall adjust RRFB brightness as outside light levels change between day and night, being brighter during the day and less bright at night.

M. The controller unit shall be solar powered. The controller shall be housed in a vandal resistant NEMA 3R pole- mounted cabinet with a lockable, hinged door.

N. Both the battery-powered wireless bollard station and the pedestrian thermal detection sensor shall be manufactured by the same company as the RRFB system.

O. The Accessible Pedestrian Signals shall be ADA-compliant, piezo-driven with visual LED and provide a two-tone audible confirmation or customizable voice message confirmation.

P. New 4” Galvanized Steel Posts for RRFB assemblies shall be per the height indicated on the plans.

Q. Concrete foundations shall conform to State Standard Plan ES-7B, Standard Detail A-3.

R. No.5 Concrete Pull Box with bolt down covers as manufactured by Christy, Quazite or approved equal.

Provide all pull boxes with hold down locking box inserts by McCain Security or approved equal. a. Pull box covers must be inscribed
S. Conduits shall be Schedule 80 PVC. Conductors shall be copper.

PART 3 EXECUTION

3.01 ROADSIDE SIGNS AND POSTS
A. Contractor shall field verify with the City’s Representative the proposed locations of all poles, pull boxes, push buttons, signs and beacons prior to final installation.

B. Contractor shall test the complete installation in the presence of City's Representative upon completion of the project, including tests for light distribution, controls, unintentional grounds, proper grounding, and bonding, circuit continuity.
a. This work will be measured as the number of RRFB systems furnished, installed and accepted in place as shown in the contractor plans.

C. RRFB units installed on existing streetlight poles, where indicated on the plans, shall be meet the following requirements:
a. Solar panel to be installed on existing street light, as indicated in the plans. b. Existing streetlight shall be protected in place.
c. Existing streetlight shall not receive power from the solar panel. d. RRFB shall not receive power from the existing streetlight power source. e. All electrical equipment associated with the existing streetlight shall be maintained.

D. Mounting hardware for the RRFB and cabinet shall be available for 4-inch round poles.

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E. Side-of-Pole mounting shall offer strapping as standard with an option for Z-bar and U-bolts.

F. Program the accessible pedestrian signal at the RRFB locations. Per city direction the audible indicator shall be one of the following two options:
a. Two-tone audible confirmation or;
b. Audio voice message should say “Yellow lights are flashing to cross La Salle Avenue”. Audio voice message should be spoken twice.

G. Construct pole foundations according to State Specifications section 56-3 and 87-1.3.E(3).

H. Install Type 3, Schedule 80 conduit between new pole foundations and the nearest pull box. a. Install the conduit according to Caltrans Standard Specifications section 87-1.03B.

I. Install conductors according to Caltrans Standard Specifications section 87-1.03F.

J. Install pull boxes according to Caltrans Standard Specifications section 87-1.03C(3).

K. Signage shall be applied to the RRFB poles as per the sign schedule on the plans and California MUTCD standards.

PART 4 MEASUREMENT AND PAYMENT

4.01 GENERAL
A. The contract price paid per each unit identified in the bid schedule Bid Item 23 Install New Wireless Solar Powered RRFB and Warning Sign Assemblies” shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new RRFBs complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer B. The contract price paid per each unit identified in the bid schedule. Bid Item 24 Install 4” Galvanized Post and Foundation shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals and for doing all the work involved in placing new sign and posts complete, in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

END OF SECTION
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.E.

SERVICES AGREEMENT WITH WALLACE GROUP FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE ORD TERRACE ELEMENTARY SCHOOL CROSSING

IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED
$39,383.00

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Wallace Group to perform construction management and inspection services for the Ord Terrace Elementary School Crossing Improvements Project for an amount not to exceed $39,383.00.

BACKGROUND
The Ord Terrace Elementary School Crossing Improvements Project (Project) includes the construction of a curb extension for the southwest curb ramp for the crosswalk on La Salle Avenue at Lindberg Court, median refuge with an offset crossing, rectangular rapid flashing beacons (RRFBs), modifying the corresponding pavement markings, roadway delineators, and school area signage.

The Project was released for construction bids on April 20, 2023, and bids were opened on May 16, 2023. The lowest responsive and responsible bid was from Coastal Paving & Excavation Inc. Award of the construction contract with the contractor is being considered at this June 1st Council Meeting. Construction is expected to start at the end of June.

The Project is scheduled to take 25 working days to complete and requires daily Packet Page 629

Item No. 10.E. Page 2 of 2
oversight of the contractor. The City does not have the personnel resources to support the project at this time. At the request of the City, Wallace Group submitted a proposal to provide construction management and inspection services. The services include preconstruction coordination, submittal review, contractor coordination, response to contractor's request for information, processing change order requests, quantity calculations, progress estimates, daily inspections, site documentation, materials testing coordination, and project closeout.

Staff recommends adopting a Resolution authorizing the City Manger to execute a professional services agreement with Wallace Group for an amount not to exceed $39,383.00 for construction management and inspection services for the Ord Terrace Elementary School Crossing Improvements Project.

FISCAL IMPACT
The proposed professional agreement with Wallace Group is for a amount of $39,383.00. A 15% contingency adds $5,910.00 for a total of $45,293.00 for construction management and inspection services.

The adopted FY 2022/2023 budget for Traffic Calming was $50,000.00 (account 212- 8960-9580). On December 1, 2022, council awarded a professional services agreement with Parisi Transportation Consulting to design and prepare bid documents for the Project. At the same meeting, based upon preliminary estimates for construction costs, an additional amount of $150,000.00 was approved for the Project. A budget appropriation for the project which includes the construction management cost is being considered with the construction contract approval item at this June 1st City Council Meeting .

ATTACHMENTS

1. Resolution

2. Professional Services Agreement
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WALLACE

GROUP FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE ORD TERRACE ELEMENTARY SCHOOL CROSSING IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $39,383.00
WHEREAS, through several meetings with the Monterey Peninsula School District (District) and in conjunction with the District’s proposed improvements, the Ord Terrace Elementary School Crossing Improvements Project (Project) was developed to assist with the traffic congestion and safety of the students; and
WHEREAS, on June 1,2023, there is an item for City Council to approve amending the Project budget (212-8960-9580) to $299,938.00 to fully fund all the services necessary to complete construction of the Project; and
WHEREAS, Wallace Group (Wallace) is on the City approved list of design consultants to perform professional and technical services for implementation of the Capital Improvement Projects; and
WHEREAS, on April 20, 2023, the project was released for construction bids, and on May 16, 2023, three bids were received; and
WHEREAS, Coastal Paving & Excavating Inc. was determined to have the lowest responsive and responsible bid; and
WHEREAS, the Project requires daily inspections, support to review submittals and respond to request for information submitted by the contractor during construction and the city does not have the staffing resources to support this Project; and WHEREAS, Wallace submitted a proposal to perform construction management and inspection services for the Project from pre-construction through project closeout in the amount of $39,383.00; and
WHEREAS, staff has determined the proposed scope of work and budget are reasonable and within the proposed Project budget; and
WHEREAS, an amount of $5,910.00 contingency, 15% of the contract value, should be authorized on an as required basis.

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NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside authorizes the City Manager to execute a professional services agreement with Wallace Group to perform construction management and inspections services for the Ord Terrace Elementary School Crossing Improvements Project for an amount not to exceed $39,383.00 and written amendments such that the total Agreement does not exceed $45,293.00.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 1st day of June, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
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CITY OF SEASIDE

DESIGN PROFESSIONAL SERVICE AGREEMENT

ORD TERRACE ELEMENTARY SCHOOL CROSSING

IMPROVEMENTS CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT, is made and effective ____________________, between the City of Seaside, a municipal corporation ("Agency") and the Wallace Group, a California Corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on _____________, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall perform all professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. AGENCY MANAGEMENT
Agency’s City Engineer shall represent Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to Consultant. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change Consultant's compensation, subject to Section 5 hereof.

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5. PAYMENT
(a) The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty Nine Thousand Three Hundred Eighty Two Dollars ($39,382.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency. Upon Packet Page 634
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termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 3.

7. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the Agency Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default.

The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole Packet Page 635
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property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
(c) The city agrees to hold Consultant harmless from all damages, claims expenses, and losses arising out of any reuse of the plans, specifications, drawings, maps, models, computer files and other documents for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

9. INDEMNITY AND DEFENSE
(a) Indemnification and Defense for Professional Services To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
(b) For All Other Liabilities
Notwithstanding the foregoing and without diminishing any rights of Agency under Section 9.A, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or Packet Page 636
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bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the Agency a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Agency in connection with Packet Page 637
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the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. (b) Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

16. NOTICES
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Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To Agency: __City of Seaside__________
__440 Harcourt Ave________
__Seaside, CA 93955_______
Attention: City Clerk

To Consultant: Wallace Group
612 Clarion Court
San Luis Obispo, California 93401
Att: Kari E. Wagner. PE_

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, Zach Teske shall be the Project Manager and Engineer of Record for the services described in this Agreement.

Zach Teske may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Zach Teske from Consultant's employ. Should he/she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period.

Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

19. GOVERNING LAW
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The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. WORK SCHEDULED/TIME OF COMPLETION
Agency and Consultant agree that time is of the essence in this Agreement.

Consultant shall perform as described in Exhibit A.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Agency's Request for Proposal, Exhibit D hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of Agency's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
(Signatures on next page)
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CONSULTANT: Wallace Group________
A California Corporation
By: ______________________________ Date:_________________ Kari E. Wagner, Principal, PE 66026
City of Seaside_______________________
A Municipal Corporation
______________________________ Date:_________________
Jaime M. Fontes, City Manager
Attachments: Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Engineering Services
Exhibit E Resolution 22-62 On-Call Engineering Services May 18, 2023
Packet Page 641
May 18, 2023
Nisha Patel
City of Seaside
440 Harcourt Avenue
Seaside, California 93955
Subject: Ord Terrace Elementary School Crossing
Dear Ms. Patel:

Wallace Group appreciates the opportunity to provide you with our proposal for Construction Management services for the above referenced project. Based on our discussion, the following Scope of Services has been prepared for your consideration:

PROJECT UNDERSTANDING
The City of Seaside (City) is interested in improving the intersection of La Salle Avenue and Lindberg Court, in front of Ord Terrace Elementary School. The City retained a Civil Engineering firm, Parisi Transportation Consulting, to prepare Plans, Specifications, and Estimates (PS&Es) for the proposed improvements near Ord Terrace Elementary School. The PS&Es for Ord Terrace Elementary School Crossing generally consist of Civil as Adobe PDF, an Engineer’s Estimate of Probable Construction Cost as Adobe PDF, and project bidding specifications. More particularly the proposed improvements and construction documents for Ord Terrace Elementary School Crossing includes the removal of existing hardscape and traffic striping. The project includes providing and installing concrete; sidewalk, medians, curb ramps, and curb and gutter, hot mix asphalt, RRFB systems, and traffic striping.

Construction Documents provided are as follows:
 Civil Plans by Parisi (4/20/23, 9 pages)
 Book 1 Notice, Plans & Special Provisions (4/20/23, 79 pages)  Book 2 Contract Documents (4/20/23, 17 pages)
 Addendum No. 1 (5/9/2023, 7 pages)
This project includes the construction management services for the park upgrades as shown in the plans outlined above. It is our understanding that the City of Seaside is looking for a construction management firm to manage the contractor, daily operations, and inspections for this project. This proposal is based upon 25 Working days for final acceptance. This equates to approximately five (5) weeks from the Notice to Proceed to Final Acceptance.

SCOPE OF SERVICES
Wallace Group will be using Procore project management software to manage all documentation for this project. Procore will store and track all project plans, specifications, RFIs, submittals, inspection reports, photos and all other project related documents. All of this information will be available to entire project team in real time.

Given the scope and nature of the project, we envision the following Scope of Services.

Task 1: Pre-Construction Phase Services
Wallace Group will provide pre-construction management services as outlined below. This task includes preparation and attendance of up to one (1) 3-hour virtual meeting. We have included 40 hours of professional services to complete the work in Task 1.

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City of Seaside
May 18, 2023

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Project Review
• Perform review of design plans, specifications, and engineers estimate • Review applicable Standard Specifications, including City Standard Specifications and Plans
• Review contractors bid form, quantities, and payment items Project Communication and Coordination
• Establish Procore Construction Management Software project and provide training to City project staff
• Facilitate project communication and coordination with the City, the design engineer, emergency services, utility providers, property owners, the contractor, and other stakeholders
• Coordinate environmental training and other monitoring and survey requirements • Communicate with property owners and other stakeholders the schedule and other concerns
Pre-Construction Conference
• Prepare agenda, schedule, and facilitate the Pre-Construction Conference with input from the City’s Representative
• Provide sign in sheet for all attendees
• Issue minutes for review and finalize for project record • Review and accept baseline project schedule from the Contractor • Review existing conditions and site constraints
• Work with contractor and City to develop phasing and sequencing plan to minimize impacts, including public notifications and outreach
• Work with contractor to identify and prioritize long lead items that can impact critical path
Pre-Construction Photos
• Prior to the start of construction, collect Pre-Construction photos of project sites
• Photos will be uploaded into Procore in a separate album for review by the project • Review of Contractors Pre-Construction photos uploaded as submittal into Procore
Submittal and Request for Information (RFI) Management
• Utilize Procore to track and review submittals and RFI’s from Contractor and provide comments/acceptance with the project plans and specifications in coordinate review with the City
• We have budgeted for ~ 10 submittals
• Process all submittals in a timely manner and make available to project team • Maintain electronic copies within Procore and hard copies as requested Deliverables:
• Reviewed submittals and submittal log
• Reviewed RFIs and RFI log
• Pre-Construction Photos
• Pre-Construction Conference Agenda and Minutes
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Task 2: Construction Phase
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to five (5) 1-hour virtual meetings. We have included 110 hours of professional services, of which 75 hours are earmarked for on-site construction inspection, to complete the work in Task 2. This equates to approximately five (5) days per week at three (3) hours per visit for construction inspection activities.

Weekly Construction Meeting
• Schedule, develop agenda, and minutes for Weekly Progress Meetings with contractor, City staff, and other necessary entities
Project Schedule
• Monitor project baseline schedule
• Keep stakeholders informed of the construction schedule • Issue Weekly Statement of Working Days
• Review Contractors Three Week Look Ahead Schedule
Change Order Management & Force Account
• Review and qualify contractor requested change orders • Investigate proposed change orders, obtaining the City’s approval prior to work taking place
• Establish and maintain files and documentation for use in change negotiations or potential claims
• Generate project change orders using the City’s template • Document delays or possible changes in work or site condition • Inspector to document Force Account work and review T&M ticket with Contractor at the end of each shift, as applicable
Quantity Calculations and Progress Estimates
• Maintain quantity calculations throughout the project • Coordinate daily reports and quantities with the Contractor, identify and record potential disputes for future reference
• Review monthly Request for Payment, sign, and recommend approval for payment to the City
• Collect delivery and materials tickets for project record Construction Observation/Inspection
• Provide onsite inspections and oversight during construction • Prepare inspection reports, including tracking labor (name, classification, and estimated hours worked), equipment, weather, observations/notes, quantities, and photos. Including conversations or discussions that may be important. » Daily reports to be provided weekly to the City’s Designated Representative or as requested
• Notify the Contractor and City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied
• Inspector will help to coordinate notification of Police or other City Departments and may dialogue with the public on-site
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• Provided oversight on the requirements of the encroachment permit are performed and documented
• Inspections and oversight include:
» Contractors Means and Methods
» Review Contractors Survey and Layout
» Material Deliveries and Tickets
» Traffic control plans and implementation
» Construction Staging Area
» Site Safety and Signing
» Stormwater Controls
• Review compliance with contract documents
• Record and report design modifications
• Track inspectors set of as-builts for comparison with set provided by the Contractor for project record
• We have budgeted for part-time inspection at an assumed average 2 hours/day.

Inspection time may be adjusted accordingly based on scope of work and contractors activities
Site Documentation
• Maintain photos and documentation throughout the project • All photos and documentation will be maintained in Procore and available to the entire team at all times
Stormwater Compliance and Permits
• Monitor stormwater protection measures throughout the project Safety
• Monitor contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program:
• CAL-OSHA Construction safety orders
• Traffic Control Plan
• Contractor safety plan
• Work with contractor to resolve any safety concerns on site • Advise City of any observed or unresolved deficiencies Subtask 2.1: Geotechnical Services
Wallace Group will retain Earth Systems from Salinas to provide construction geotechnical services as outlined in the attached proposal (Exhibit A) from Earth Systems dated May 11, 2023, attached.

Deliverables:
• Weekly Construction Meeting Agendas and Minutes
• Inspector Daily Logs and Photos
• Progress Payment Reviews
• Change Order/Force Account Documentation
Task 3: Post-Construction Phase Services
Wallace Group will provide construction management services as outlined below. This task includes preparation and attendance of up to one (1) 1-hour virtual meeting. We have included 32 hours of professional services to complete the work in Task 3.

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Final Inspection and Punch List
• Schedule punch list walk with the Contractor and City • Observe complete and near complete work for deficiencies • Establish and maintain punch list and track items to resolution • Recommend and approve final payment to Contractor
As-Built Drawings
• Review as-built drawings with contractor throughout the project • Assist City and Design Engineer in review and completion of final certified record drawings
Project Closeout
• Assemble and deliver all records, reports, certificates, pictures upon project completion • Files can be delivered in hard copy and/or electronic format Deliverables:
• Punch List
• Comments and review of Contractors As-Built Drawings
• Project Close Out Documentation (Submittals, RFIs, Daily Logs, Photos, Change Orders, Progress Payments, etc)

ADDITIONAL SERVICES
Wallace Group can provide the following services, directly or through sub-consultants, upon request:
 Labor Compliance

TO BE PROVIDED BY THE CLIENT
 Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws.

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services may also benefit your project. Wallace Group can provide these services, directly or through sub-consultants, however, they are not included in the current Scope of Services or estimate of fees:
 Professional engineering services
 Construction surveys and staking
 Coordination with utilities
 Preparation of record drawings
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PROJECT FEES
Wallace Group will perform the services denoted in Task 1 through 3 of the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit B). These services will be invoiced monthly on an accrued cost basis, and our total fees, including reimbursables not exceed our estimated fee of $39,382 without receiving written authorization from the Client.

The estimated fees denoted in Task 2 above are based on prevailing wage rates. If the Client and the California Department of Labor determines that prevailing wage payments are not required, the fees for Task 2 for the tasks above will be adjusted and billed according to the per hour rate of the Standard Wage column on the Standard Billing Rates provided.

At your request, additional services to the Scope of Services will be performed by Wallace Group following the signature of our Contract Amendment or the initiation of a new contract.

TERMS AND CONDITIONS
In order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, the attached Standard Terms and Conditions (Exhibit C) are considered a part of our proposal agreement. If this proposal meets with your approval, please sign where indicated and return to our office, which will serve as our notice-toproceed.

We want to thank you for this opportunity to present our proposal for professional services. If you would like to discuss this proposal in greater detail, please feel free to contact me or Project Manager, Zach Teske.

Sincerely,
WALLACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:

Kari E. Wagner, PE C66026 ____________________________________ Principal/Director of Water Resources Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Attachments
GGM: PP23-7857, 2022, std
Exhibit A
Exhibit B
Exhibit C
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com May 11, 2023 Proposal No.: SAL-23-05-006
Anthony Lehman, Assistant Resident Engineer
Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
PROJECT: CITY OF SEASIDE – ORD TERRACE ELEMENTARY SCHOOL CROSSING

LA SALLE AVENUE AND LINDBERG COURT

SEASIDE, CALIFORNIA
SUBJECT: Proposal for Geotechnical Observations and Testing Services Dear Mr. Lehman:

As requested, Earth Systems has prepared this proposal to provide grading observation and compaction testing services for the proposed Ord Terrace Elementary School Crossing in Seaside, California. This proposal is for geotechnical related consultation, observation, and compaction testing only. Special inspection of the flatwork is not anticipated and can be provided under a separate cover upon request.

We understand that the school crossing project includes improvements to two areas near the intersection of La Salle Avenue and Lindberg Court. At the north side of the crossing a refuge island will be constructed and along the south end of the crossing a bulb-out is planned. We anticipate the majority of the geotechnical observation and testing will be related to compaction testing services for subgrade and basegrade elevations for pavements and flatwork.

Geotechnical Observation and Testing Services
A construction schedule was not available during preparation of this proposal. The inspection coverages and site visits were estimated based on prior experience with jobs of a similar size and scope, Ord Terrace Elementary School Crossing plans (dated April 20, 2023, no revisions), and provided specifications. Our anticipated services during construction are outlined as follows:

1. Attendance of a preconstruction meeting;

2. Collection of soil samples for laboratory testing to measure dry density variations with moisture content of various soil types (compaction curves);

3. Measurement of in-place density and moisture content of pavement/flatwork subgrade and aggregate base to evaluate relative compaction;
Exhibit A
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City of Seaside - Ord Terrace Elementary School Crossing May 11, 2023 Doc. No.: 2305-008.PRP/mg 2 Proposal No.: SAL-23-05-006

4. Observation and compaction testing of asphalt pavement;

5. Preparation of daily inspection reports summarizing the observed grading activities with the results of the in-place field compaction tests performed during the day; and

6. Engineering consultation/scheduling/supervision/project management of the services provided by our firm.

Compaction testing of pavement/flatwork subgrade and aggregate base courses will be performed on a part-time and as-needed basis. Field compaction tests will be conducted in accordance with ASTM D 6938 (nuclear test method). Relative compaction will be determined by performing laboratory maximum density and optimum moisture tests in accordance with ASTM D 1557 and comparing it with the field compaction test.

The total cost of these services is dependent upon a number of factors, many of which are beyond our control. Among the cost determining factors are:
• The number of working days required by the contractor to complete each element of work.
• The number of different soil types to be utilized during site grading. • The amount of difficulty encountered by the grading contractor in obtaining the specified compaction of materials.
• Weather and subsurface conditions encountered during grading operations.
• The amount of time our inspection services will be required each day of operation.

Proposed Fees
Earth Systems would provide our geotechnical consultations, laboratory testing, grading observation and testing services on a time and material basis per our fee schedule in effect at the time of services.

Our estimated fee to provide Geotechnical Observation and Testing Services is $6,276.00. Our “Anticipated Scope of Services & Cost Estimate” worksheet is attached for your information and review.

Packet Page 649
City of Seaside - Ord Terrace Elementary School Crossing May 11, 2023 Doc. No.: 2305-008.PRP/mg 3 Proposal No.: SAL-23-05-006 Our actual fee will be based upon a Time and Materials basis per fee schedule in effect at the time of services. Standby time of calls for services not ready will be invoiced on a time and materials basis.

SCHEDULE AND CONDITIONS
The fees and conditions of this proposal will remain in effect for a period of 180 days. As the presence of our personnel at the site will depend upon the contractor's schedule and the progress of the work, the fees presented above are to be considered as estimates only and should not be construed as guaranteed maximum fees. The invoices will reflect the actual charged based on our fee schedule for the amount of time spent and service performed and may be greater or less than the estimated amounts.

Fees for overtime, weekend, and holiday work will be adjusted, and minimum work hours will be applied, in accordance with the State requirements. Night work (before 7:00 AM and after 5:00 PM) and overtime work will be invoiced at a rate of 1.5 times the appropriate rate. Prevailing Wage field time will be subject to a four-hour minimum charge. Hourly fees for fieldwork and travel time will be charged on a portal-to-portal basis from our office in Salinas.

It is our understanding that the project is subject to California Prevailing Wage Law. For your convenience in setting up the project, we have included our DIR registration numbers below.

DIR Public Works Registration Numbers
Legal Name
Registration
Number
License
Type*
Registration
Date
Expiration
Date
Earth Systems Pacific 1000003643 N100143 06/07/2018 6/30/2024 *Professional Corporation License Number assigned by DIR March 27, 2015 Please note that effective August 1, 2016, we are required to submit certified payrolls for all Prevailing Wage projects via eCPR. In order to upload certified payrolls to the State’s website, the project’s DIR number is necessary. Please complete the attached Prevailing Wage and Accounts Payable Information Request form and return to our office at your earliest convenience.

If you find the proposed scope of work and fees satisfactory, it is our understanding that you will issue a professional services agreement for our execution and a purchase order as an authorization to proceed.

Packet Page 650
City of Seaside - Ord Terrace Elementary School Crossing May 11, 2023 Doc. No.: 2305-008.PRP/mg 4 Proposal No.: SAL-23-05-006 We thank you for your consideration of Earth Systems for this project. Please feel free to contact the office at your convenience if you have any questions or require additional information.

Sincerely,
Earth Systems Pacific
Ajay Singh, GE 3057 Michelle Garcia, CEG
Principal Engineer Senior Engineering Geologist
Attachments: Anticipated Scope of Services & Cost Estimate Prevailing Wage & Accounts Payable Information Request
January 1, 2023 Fee Schedule
Packet Page 651
Project: Ord Terrace Elementary School Crossing Date: 5/11/2023 Client: Wallace Group
Prevailing Wage Hourly Rate-Technician $145.00
Hourly Rate - Technician $110.00
Nuclear Density (per hour) $15.00
Mileage charge (per mile) $0.95
Grading Observation and Testing Personnel Number of Trips Hours/Units Total Rate Unit Fee Site Visits - Preconstruction Meeting Senior Professional 1 2 2 $200.00 hr. $400.00 Compaction Testing - Pavement/Flatwork SG & BG Technician, PW 4 4 16 $145.00 hr. $2,320.00 Asphalt Concrete Testing Technician, PW 1 4 4 $145.00 hr. $580.00 Nuclear Gauge (Equipment) 20 20 $15.00 hr. $300.00
Soil Sample Pickup Technician 1 2 2 $110.00 hr. $220.00 Mileage 7 280 280 $0.95 mi. $266.00
Subtotal $4,086.00
Laboratory Testing Hours/Units Total Rate Unit Fee
Laboratory Maximum Density Curve (4”) 1 1 $300.00 ea. $300.00 Laboratory Maximum Density Curve (6”) 1 1 $340.00 ea. $340.00 Asphalt Concrete - Compaction of Lab Samples, CA Kneading Compactor 1 1 $400.00 ea. $400.00 Subtotal $1,040.00
Reports and Project Management Personnel Number of Trips Hours/Units Total Rate Unit Fee Project Management and Supervision Senior Professional 2 2 $200.00 hr. $400.00 Engineering Review and Consultation Principal Professional 1 1 $250.00 hr. $250.00 Final Report 1 1 $500.00 ea. $500.00
$1,150.00
Estimated Total: $6,276.00
Anticipated Scope of Services & Cost Estimate
Construction Inspection and Testing Services
Subtotal
(This will be a "Prevailing Wage" Project)
Packet Page 652

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com Prevailing Wage and Accounts Payable Information Request Thank you for this opportunity to be of service on your public works project. Please complete and return this form to allow us to comply with California’s prevailing wage requirements, and to prepare Earth Systems’ invoices in accordance with your organization’s billing requirements in a timely manner. Thank you! Legal Name of Earth Systems
PWC Registration No.

Earth Systems Pacific
1000003643
Earth Systems Project No.

PUBLIC WORKS PROJECT REGISTRATION INFORMATION:

CLIENT’S PROJECT NAME City Of Seaside – Ord Terrace Elementary School Crossing DIR PROJECT ID (PWC-100)

APPLICABLE BID

ADVERTISEMENT DATE
CLIENT’S REPRESENTATIVE FOR

DIR PROJECT ID INFORMATION
Name:

E-mail:

Phone No.:

LABOR COMPLIANCE

PROGRAM (LCP) APPLICABLE
TO THIS PROJECT?
Yes or No
If yes, please confirm if Earth Systems will be subject to the LCP and provide a copy of the LCP manual to Earth Systems before start of project.

CLIENT’S BILLING REQUIREMENTS:

PURCHASE ORDER NO.
(if applicable)

ADDITIONAL INFORMATION

REQUIRED ON INVOICES

SPECIFY ANY ADDITIONAL

FORMS OR BILLING FORMATS

REQUIRED TO BE SUBMITTED

WITH INVOICES
(please attach example)

ACCOUNTS PAYABLE CONTACT

INFORMATION
Name:

E-mail:

Phone No.:

INVOICE DELIVERY METHOD E-mail:

Mailing Address:

Date May 11, 2023
Packet Page 653
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE
FEE SCHEDULE – DSA/OSHPD
(Effective January 1, 2023)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.

PERSONNEL Hourly Rate
Principal Professional.............................................................................................................................................$250.00 Associate Professional ...........................................................................................................................................$220.00 Senior Professional ................................................................................................................................................$200.00 Project Professional ...............................................................................................................................................$180.00 Staff Professional...................................................................................................................................................$150.00 DSA Masonry, Shotcrete and NDT .........................................................................................................................$150.00 CWI & Special Inspector, Prevailing Wage*...........................................................................................................$150.00 Technician, Prevailing Wage* ................................................................................................................................$145.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$145.00 Special Services Technician....................................................................................................................................$130.00 CWI Inspector ........................................................................................................................................................$120.00 Special Inspector....................................................................................................................................................$120.00 Technical Assistant.................................................................................................................................................$105.00 Technician..............................................................................................................................................................$110.00 Clerical/Administrative ..........................................................................................................................................$100.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.

BASIS OF CHARGES

1. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment.

2. Field services for regular work days are subject to a 4-hour minimum charge, and billed in 4-hour increments.

3. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are at double time. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.

4. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 4 p.m. the day prior to the scheduled work.

5. Mileage is invoiced at a rate of $0.95/mile (portal-to-portal).

6. Nuclear density gauge charge: $15.00/hour.

7. Weekly special inspection report charge: $120.00.

8. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20 percent. Fixed per diem rates for specific projects can be provided upon request.

9. Report copies: $30.00 each (minimum). Posting of electronic documents to project websites will be charged at clerical/administrative services rate.

10. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $100.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.

11. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and onehalf percent per month. Payments using a credit card will be assigned a 3% surcharge.

12. Rates are effective through December 31, 2023.

Packet Page 654
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE
FEE SCHEDULE – DSA/OSHPD – MATERIALS TESTING
(Effective January 1, 2023)

BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($110.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.

SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise.

Preparation of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.

Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................$130.00 Atterberg Limits: Plasticity Index .................................................................................................................................. $265.00 California Bearing Ratio, 3 points; incl. ref maximum density ......................................................................................$655.00 California Bearing Ratio, 9 points; incl. ref maximum density ......................................................................................$950.00 Consolidation, one dimensional....................................................................................................................................$230.00 Consolidation, timed, per point ....................................................................................................................................$105.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity)........................................................................................ Per Quote Direct Shear, 3 points minimum ...................................................................................................................................$320.00 Expansion Index Test.....................................................................................................................................................$210.00 Maximum Density and Optimum Moisture: 4” Mold ...................................................................................................$305.00 Maximum Density and Optimum Moisture: 6” Mold ...................................................................................................$345.00 Maximum Density and Optimum Moisture: California Impact.....................................................................................$310.00 Moisture and Unit Weight Determination, from Ring Samples......................................................................................$50.00 Moisture Only..................................................................................................................................................................$45.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value ..........................................................................................................................................................................$330.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts........................................................................................$380.00 Hydro Collapse Potential...............................................................................................................................................$170.00 Sieve/Hydrometer Analysis, Assumed specific gravity, w/200 wash ............................................................................$255.00 Sieve Analysis, Aggregate Base/Subbase ......................................................................................................................$160.00 Sieve Analysis 200 wash only ........................................................................................................................................$155.00 Sieve Analysis with wash...............................................................................................................................................$140.00 Sieve Analysis, Oversize Material ..................................................................................................................................$220.00 Specific Gravity..............................................................................................................................................................$155.00 Swell Test, undisturbed.................................................................................................................................................$210.00 Swell Test, remolded.....................................................................................................................................................$235.00 Unconfined Compressive Strength, untreated..............................................................................................................$155.00 Unconfined Compressive Strength, lime or cement treated mtrl.................................................................................$495.00

THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc).................................................................................. Per Quote Field Testing using Thermal Resistivity Meter........................................................................................................... Per Quote Soil, per moisture point, per sample......................................................................................................................... Per Quote Soil, 3 moisture points with dry‐out curve, per sample ............................................................................................ Per Quote

CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate)...................................................$305.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) ..................................................$565.00 Absorption, Coarse Aggregate ......................................................................................................................................$105.00 Absorption, Fine Aggregate...........................................................................................................................................$155.00 Clay Lumps and Friable Particles in Aggregate..............................................................................................................$130.00 Cleanness Value of Coarse Aggregate ...........................................................................................................................$180.00 Crushed Particles, each size ..........................................................................................................................................$155.00 Packet Page 655
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE
FEE SCHEDULE – DSA/OSHPD – MATERIALS TESTING
(Effective January 1, 2023)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate...................................................................................................................$205.00 Flat and Elongated Particles in Aggregate.....................................................................................................................$130.00 Organic Impurities in Fine Aggregate............................................................................................................................$105.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent.............................................................................................................................................................$175.00 Sieve Analysis, washed..................................................................................................................................................$205.00 Soundness, Sodium Sulfate, 5 cycles.............................................................................................................................$455.00 Specific Gravity, Coarse Aggregate................................................................................................................................$155.00 Specific Gravity, Fine Aggregate....................................................................................................................................$155.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG.................................................................................$290.00 Unit Weight of Aggregate..............................................................................................................................................$155.00

CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................$50.00* Compression Test of Cored Samples, cored at laboratory............................................................................................$125.00 Compression Test of cores delivered by others............................................................................................................$105.00 Compression Test of Lightweight Concrete ....................................................................................................................$55.00* Density of Concrete Cylinders.........................................................................................................................................$85.00 Density of Hardened Concrete ......................................................................................................................................$110.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................$185.00 Grading of Shotcrete Cores...........................................................................................................................................$195.00 Sample Storage, monthly per sample ............................................................................................................................. $50.00 Shrinkage, set of 3.........................................................................................................................................................$405.00 Unit Weight of Lightweight Concrete............................................................................................................................$135.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................$2.00 Enviro. Recycling Fee, per flex beam.................................................................................................................................$5.00 Enviro. Recycle Fee/Form Stripping, per Shotcrete Panel/Beam....................................................................................$70.00

MASONRY
Absorption of Block, set of 3 .........................................................................................................................................$170.00 Compression Test, 2” x 4” Mortar Cylinders...................................................................................................................$45.00* Compression Test, 3” x 3” x 6” Grout Samples ...............................................................................................................$65.00* Compression Test on Block, set of 3..............................................................................................................................$170.00 Compression Test on Grouted Prisms, includes cutting................................................................................................$170.00* Compression Test on Masonry Cores..............................................................................................................................$90.00 Coring of Grouted Masonry by Subcontractor..........................................................................................................cost + 20% Masonry Shrinkage, set of 3..........................................................................................................................................$250.00 Moisture Content of Block as received, set of 3 ...........................................................................................................$110.00 Shear Test on Masonry Cores, 2 faces ..........................................................................................................................$155.00 Specific Gravity and Unit Weight of Block, set of 3.......................................................................................................$175.00 Enviro. Recycling Fee, per masonry prism.........................................................................................................................$5.00 Enviro. Recycling Fee, per mortar or grout sample...........................................................................................................$7.00 * Includes formal report of test results following 28-Day tests.

FIREPROOFING
Fireproof Bond Test................................................................................................................................................... Per Quote Fireproofing Density Test (1)...........................................................................................................................................$85.00

ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples.................................................................................$85.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3....................................................................................$245.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5....................................................................................$405.00 Packet Page 656
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE
FEE SCHEDULE – DSA/OSHPD – MATERIALS TESTING
(Effective January 1, 2023)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side)....................................................................................$250.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side)....................................................................................$265.00 Extraction of Oil from A.C. Mixtures.......................................................................................................................... Per Quote Extraction of Oil from Rubberized Mixtures.............................................................................................................. Per Quote Gyratory Compactor, per set of field mixed asphalt .....................................................................................................$500.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt.......................................................................................$895.00 Ignition Oven Binder Cntnt, after initial corr value is det..............................................................................................$280.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................$855.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................$55.00 Sieve Analysis of Extracted Aggregate...........................................................................................................................$290.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................$275.00 Specific Gravity, Theoretical Maximum, Rice Method ..................................................................................................$175.00 Stability and Flow, Marshall Apparatus, set of 3...........................................................................................................$245.00 Stabilometer, Hveem S-Value, set of 3..........................................................................................................................$355.00 Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00 Enviro. Recycling Fee for Extracted Oils ..........................................................................................................................$50.00

REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not incl ........................................................................................$85.00 Pipe Flattening Test, sample preparation not included ..................................................................................................$80.00 Reinforcing Steel Coupler Tensile and Slip Tests...........................................................................................................$255.00 Structural Steel Bend Test, sample preparation not included ........................................................................................$85.00 Structural Steel Machining/Sample Preparation.......................................................................................................cost + 20% Structural Steel Tensile Test, sample prep not included .................................................................................................$85.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................$175.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18.................................................................................... Per Quote Enviro. Recycling Fee, per sample .....................................................................................................................................$2.00

BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%

WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote AWS D1.1: 1” Plate, per position............................................................................................................................... Per Quote AWS D1.3: Sheet Steel............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar........................................................................................................................................ Per Quote ASME/API Pipe Sections............................................................................................................................................ Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $120.00/day Anchor Pull Test Equipment......................................................................................................................................$50.00/hr.

Bailer (disposable) w/dedicated rope ...................................................................................................................... $40.00/ea.

Concrete and Asphalt Concrete Coring Equipment...................................................................................................cost + 20% Concrete Slab Moisture Transmission Kit................................................................................................................. $50.00/ea.

Conductivity Meter....................................................................................................................................................cost + 20% Cut-Off Saw ............................................................................................................................................................. $95.00/day Double Ring Infiltrometer (per set)....................................................................................................................... $170.00/day Drum Dolly............................................................................................................................................................... $45.00/day Drums....................................................................................................................................................................... $95.00/ea.

Dynamometer, In-line Scale ...................................................................................................................................... Per Quote Hammer Drill .............................................................................................................................................................cost + 20% Hand Auger/Sampler Equipment ............................................................................................................................ $70.00/day Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $40.00/ea.

Packet Page 657
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE
FEE SCHEDULE – DSA/OSHPD – MATERIALS TESTING
(Effective January 1, 2023)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment....................................................................................................................................$30.00/hr.

Non-Destructive Testing Equipment .........................................................................................................................$50.00/hr.

Manometer ........................................................................................................................................................... $160.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $120.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment.......................................................................................................................................$15.00/hr.

Paint Thickness Meter............................................................................................................................................... Per Quote Vehicle with Percolation Tank System .................................................................................................................. $265.00/day Personal Protective Equipment Level C..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................... Per Quote Pile Load Testing Equipment..................................................................................................................................... Per Quote Pulse Velocity Meter ................................................................................................................................................. Per Quote Rebound Hammer (Schmidt Hammer).................................................................................................................... $85.00/day Reinforcing Steel Locating Equipment (DR-Meter) ............................................................................................... $220.00/day Relative Humidity Meter....................................................................................................................................... $100.00/day Off Road Vehicle........................................................................................................................................................ Per Quote Safety and Specialty Equipment................................................................................................................................ Per Quote Sampling Consumables ............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment.............................................................................................................. $255.00/day Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote Soil Sampling Containers (metal) ............................................................................................................................. $30.00/ea.

Soil Sampling Containers (glass)............................................................................................................................... $15.00/ea.

Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $215.00/day Torque Wrench ....................................................................................................................................................... $85.00/day Water Level Indicator.............................................................................................................................................. $60.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week...................................................................................................................................$100.00 DSA Box Posting, ea.......................................................................................................................................................$100.00 DSA Lab Compliance, per week.....................................................................................................................................$100.00 Vehicle Mileage Charge.....................................................................................................................................................$0.95 Packet Page 658
JANUARY 2023 FEE SCHEDULE NC-2212-004.FEE

EXPERT WITNESS SERVICES
(Effective January 1, 2023)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.

HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $400.00 Associate Professional ....................................... $300.00 Senior Professional ............................................ $250.00 Clerical/Admin Services..................................... $100.00

SPECIAL SERVICES
Deposition ................................................. $400.00/hr. 2 Arbitration ................................................... $400.00/hr.

Court Appearance/Hearings...........$1,500.00/half day3 Standby to Appear....................................$750.00/day4

BASIS OF CHARGES

1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.

2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.

Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.

3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,000.00.

4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.

Packet Page 659
Exhibit B
Standard Billing Rates
Construction Management / Field Inspection Services: Prevailing Wage* Construction Inspector I - II ............................................. $135/$150 .................. $165/$172 Senior Construction Inspector .......................................... $155 ................................ $180 Construction Office Tech I-III ........................................... $110/$120/$130 Assistant Resident Engineer I - II....................................... $160/$165 Resident Engineer I - III ................................................. $170/$175/$180 Senior Resident Engineer ............................................... $190 Director .................................................................... $195 Principal Construction Manager ........................................ $225 Principal ................................................................... $260 Support Services:

Office Assistant ........................................................... $100 Project Assistant I – III ................................................... $110/$115/$125 *Prevailing Wage:

State established prevailing wage rates will apply to some services based on state law, prevailing wage rates are subject to change over time and geographic location.

Right to Revisions:

Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.

Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added.

Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.

WALLACE GROUP 1
2022 Standard Billing Rates
Packet Page 660
Wallace Group Team Resource Estimate for the
Ord Terrace
DIRECTORASSISTANT RESIDENT ENGINEER IISENIOR CONSTRUCTION INSPECTOR*

EARTH SYSTEMS
Misc. Direct Costs TOTAL LABOR HOURS
TOTAL
TASK DESCRIPTION HRS HRS HRS HRS Cost HRS LABOR COST
RATE $195 $165 $180 $ $
1 Pre-Construction 4 36 $44 40 $6,720 $6,764
2 Construction 5 30 75 $547 110 $19,425 $19,972
3 Post-Construction 2 30 32 $5,340 $5,340
Geotech Support 34 34 $6,276 $6,276
SUB-TOTALS 11 96 75 34 $591 216 #REF! $38,352
WALLACE GROUP LABOR COSTS $2,145 $15,840 $13,500 $31,485 WALLACE GROUP DIRECT COSTS $591
SUBCONSULTANT DIRECT COSTS $6,276 $6,276
DIRECT COSTS OVERHEAD @ 15% $1,030
TOTAL $39,382
Task Budgets may fluctuate within Overall Budget PHASE/TASK Fee Sheet - Ord Terrace.xlsx Summary Page 1 5/16/2023
Packet Page 661
Ord Terrace School Xing EXHIBIT C

EXHIBIT C

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required].

Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including Packet Page 662
Ord Terrace School Xing EXHIBIT C
commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Primary/noncontributing. Except for Professional Liability and Workers Compensation, Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, Agency may cancel this Agreement.

Packet Page 663
Ord Terrace School Xing EXHIBIT C
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting Packet Page 664
Ord Terrace School Xing EXHIBIT C
endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Packet Page 665
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx

REQUEST FOR QUALIFICATIONS

ON-CALL CONSULTANTS - ENGINEERING

FOR CITY OF SEASIDE
Table of Contents
Introduction............................................................................................................................................................ 1 Proposal Requirements........................................................................................................................................... 1 Statement of Qualifications Submittal Requirements........................................................................................... 2 Schedule for Selection Process ............................................................................................................................... 2 Questions Regarding This Project ........................................................................................................................... 3 Form of Agreement ................................................................................................................................................ 3 Evaluation and Rating Criteria................................................................................................................................ 3 PRELIMINARY SCOPE OF SERVICES............................................................................................................... 3 General Provisions ................................................................................................................................................. 4 Non-Discrimination & Non-Preferential Treatment ............................................................................................. 6 Grounds for Disqualification............................................................................................................................... 6 Records and Financial Data ................................................................................................................................ 6 Introduction
The City of Seaside (City) seeks Request for Qualifications (RFQs) from qualified consulting firms or individuals to provide On-Call Engineering Services for miscellaneous undetermined projects.

The selected engineering firms may be requested to help with the design of federal, state and locally funded capital improvement projects. The City intends to select multiple consultants for a three-year period, with the option of two (2) one-year extensions through mutual consent between the City and the chosen Consultant(s). Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Selection will be based on demonstrated expertise in providing support to the City of Seaside Public Works and Engineering Department.

Proposal Requirements
Statement of Qualifications (SOQ) must be received by 5:00 PM Friday, April 22, 2022 at the following address:

City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
SOQ received after this deadline will not be accepted. Incomplete responses that do not conform to the requirements specified herein will not be considered. The SOQ and any accompanying documents shall be submitted in a sealed envelope with the words “On-Call ConsultantsEngineering” clearly marked in the lower left-hand corner of the envelope. Three bound copies, plus one electronic copy submitted on CD, USB flash drive, or by email to [email protected], containing an Adobe pdf copy, should be submitted.

Packet Page 666
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 2 - Statement of Qualifications Submittal Requirements
The SOQ should include the following information:

1. Name of proposer and principal contact person, including office location, address, telephone number, fax numbers and e-mail address.

2. Brief description and history of the proposed project team and experience of the principal contact. Clearly describe project team member’s experience in work described under “Preliminary Scope of Services". Describe the average project size and scope of the team member’s past projects.

3. Provide as exhibits, listings of your firm’s and its principals’ and project teams experience demonstrating their capabilities and qualifications to perform the assigned task as described in the “Preliminary Scope of Services”. For each individual, provide current professional registrations, related experience, educational background and years of experience with the team.

4. Enclosed is a copy of the City’s standard contract, which stipulates, among other things, insurance requirements. Please confirm that the project team can accept the terms of the contract and has the required insurance, or can acquire insurance, that meets the minimum standards.

5. Please provide at least three professional references. Indicate which references are public agencies for which the project team, or its principals, have provided services for within the past five years.

6. Standard Hourly Fees: Provide your standard hourly fees by job classification and billing criteria for providing the services described in this RFQ in a separate sealed envelope. Do not provide in the response to this request as an exhibit or in the body of the response The SOQ will be limited to 10 numbered pages including title sheet and cover letter if provided.

Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 10 page limit.

Schedule for Selection Process
The proposed consultant selection schedule is as follows.

Release RFQ
Questions Due
Thursday, March 24, 2022
Friday, April 8, 2022
Proposal due
Proposal Ranking
Friday, April 22, 2022
April 24, 2022 – May 20, 2022
Consultant Award (if applicable) Friday, May 27, 2022
Packet Page 667
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 3 - Questions Regarding This Project
All questions and/or contacts regarding this Request should be directed to:

Patrick Grogan
City of Seaside-Engineering Division
440 Harcourt Avenue
Seaside, CA 93955
E-mail: [email protected] or [email protected] Phone (831) 899-6885
Form of Agreement
A copy of the City of Seaside Consultant Contract is included herewith.

Evaluation and Rating Criteria
City staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant qualifications and experience of the consultant. Consultants do not need to be able to provide all services described in the “Preliminary Scope of Services,” below. Staff may conduct interviews if necessary. References may also be verified. The SOQ review will focus upon the following criteria:

1. Experience and demonstrated ability of the team. – 25 points

2. Appropriate relevant experience and skills of personnel (principals, project managers and other key personnel). – 30 points

3. Prime consultant and sub-consultants experience in providing similar projects. – 15 points

4. Client References. – 10 points

5. Overall quality of the response and conformance with SOQ requirements for content (reference Proposal and Submittal Requirements). – 20 points
SOQs will be ranked on the basis of qualifications. The City of Seaside may conduct interviews with some or all of the firms/individuals who submit proposals, or it may complete its evaluation based on the proposals alone. If interviews are conducted, firms/individuals selected for interview will be contacted at that time to arrange the date and time for their interview.

PRELIMINARY SCOPE OF SERVICES
Consultant is required to provide engineering design and professional services for various projects to be implemented throughout the City. The scope of work under this contract may include but not be limited to the following:

A. Engineering Services
Design, Survey and Geometrics
Pavement Evaluation, Design and Testing
Pavement Management Program Evaluation and Report
Packet Page 668
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 4 - Hydrology/Hydraulic Analysis
Structural Analysis and Design
Well Design and Rehabilitation
Water System Design and Rehabilitation
Storm Drain System Design and Rehabilitation
Value Engineering
Seismic Evaluations
Construction Phase Services
B. Professional Services
Disabled Accessibility Evaluations and Mitigation
Preliminary Engineering Studies
Technical Studies and Reports
Peer Reviews
Coordination with Other Agencies and Utilities
Constructability and Bidability Reviews
On-Call Services
Staff Augmentation
All materials submitted to the City will become the exclusive property of the City of Seaside.

The consultant will not be allowed to provide services when the City determines a potential conflict of interest may exist.

Consultant services will be on an as-needed, on-call basis. Consultant services will be authorized by separate contract(s). The Consultant is responsible for acknowledging receipt of requests for services within two (2) working days. Contracts may vary significantly in size and scope and will be determined in greater detail as each is assigned. The Consultant will be responsible for preparing a detailed scope and fee estimate for each contract request and shall identify the number of hours to be worked and position of each person performing work on a particular proposal. If during actual work the number of hours is increased by more than 20% of the estimate, the consultant shall notify the Project Manager as soon as possible before exceeding the estimated time. The City may elect to reduce the scope of work or may require a revised scope of work to cover the excess time. Work authorization will be issued for each work request. The City shall authorize all consultant quotes for tasks prior to the consultant commencing work. The City may accept the Consultant’s scope and fee or negotiate with the Consultant, as appropriate. The City reserves the right to not accept the Consultant’s scope and fee.

General Provisions

1. The City will assume no responsibility for any understandings or representations concerning conditions made by any of its officers or employees prior to execution of a final agreement unless they are included in this Request for Qualifications.

2. Any reasonable inquiry to determine the responsibility of a prospective Consultant(s) may be conducted. The submission of Qualifications shall constitute permission by the Packet Page 669
City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
J:\08_PUBLIC WORKS\Personnel\Engineering Services\EngSrvcs_2022 (with PMP)\RFQ\RFQ_Eng Srv with PMP.docx - 5 - prospective Consultant(s) for the City to verify all information contained therein. If the City deems it necessary, additional information may be requested from the prospective Consultant(s) for further consideration.

3. A prospective Consultant(s) may withdraw their Qualifications at any time prior to the date and time which is set forth herein as the deadline for acceptance of Qualifications.

4. Each prospective Consultant(s) submitting Qualifications in response to this Request agrees the preparation of all materials for submittal to the City and all presentations are at the prospective entities sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective Consultant(s). In addition, each prospective Consultant(s) agrees that all documentation and materials submitted with Qualifications will remain the property of the City and will become a public document.

5. The City reserves the right to request additional information from any and all prospective entities as deemed necessary by the City in order to evaluate the Qualifications. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original Qualifications.

6. The City reserves the right to reject any and all Qualifications and, in the event the Consultant selected, it may attempt to negotiate an agreement with the Consultant that, in the sole judgment of the City, is the best qualified to provide the services requested.

7. The City shall not enter into an agreement with any prospective Consultant(s) that has previously had an agreement with the City terminated, or that has previously been found to have violated any provision of the Seaside City Code, or related resolutions or ordinances, or any provision of federal law, state, or other local law.

8. The City reserves the right to enter into an agreement with an Consultant(s) at any time, deviate from this Request, reject any or all SOQs, continue to advertise for new Qualifications, negotiate with multiple entities simultaneously, waive any defects in Qualifications, or to proceed otherwise. The Request and the selection process will in no way be deemed to create a binding contract or agreement of any kind between the City and any prospective Consultant(s). The submission of Qualifications does not in any way commit the City to enter into an agreement with any prospective Consultant(s).

9. Each prospective Consultant(s) shall agree to abide by all federal, state, and local laws, rules, and regulations and to secure all necessary licenses, permits, and other forms of identification as may be required in connection with the resulting agreement, all at no additional cost to the City.

10. All Qualifications, charge rates or representations will remain in effect and be legally binding for at least one hundred twenty (120) days from the date of submission.

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11. This Request for Qualifications shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County.

Non-Discrimination & Non-Preferential Treatment
The successful Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of Seaside contracts.

Grounds for Disqualification
All prospective entities are expected to conduct themselves with the utmost integrity and responsibility throughout the Request process. Any prospective Consultant(s) that violates these expectations, as determined in the sole discretion of the City, will be subject to disqualification.

Generally, the grounds for disqualification include:

1. Contact regarding this procurement with any City official or employee, other than the contact person designated in this Request, from the time of issuance of this Request until the consideration and approval of a professional services agreement.

2. Evidence of collusion, directly or indirectly, among prospective entities in regard to the amount, or the terms and conditions of this Request and the prospective agreement.

3. Influencing, or attempting to influence, any City staff member or official throughout the solicitation process, including the development of specifications beyond those included here, if any.

4. Evidence of submitting incorrect or inaccurate information in response to this Request or misrepresentation or failing to disclose facts during the evaluation or negotiation process.

5. Existence of any lawsuit, claim, or dispute between the prospective Consultant(s) and the City.

6. Evidence of the prospective Consultant(s)’s inability to successfully complete the responsibilities and obligations of the Request process.

7. The prospective Consultant(s)’s default under any City agreement or termination of a previous agreement.

Records and Financial Data
All correspondence with the City, including responses to this Request, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to this disclosure requirement.

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City of Seaside-Statement of Qualifications
On-Call Consultants - Engineering
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If an Consultant(s) is selected, the City may retain any submitted information and disclose it to the City Council, and any subcommittees thereof, and the public in connection with consideration of an agreement with the City as evidence of the entities ability to carry out the development. Given the nature of the applicable law under the California Public Records Act, the City cannot guarantee or warrant that it will be able to keep submitted information, including personal financial records, confidential. The successful Consultant(s) agrees to indemnify, defend, and hold the City harmless from and against any suit brought under the California Public Records Act to obtain the records; otherwise, the City shall not be obligated to defend such suit and may release the records.

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Seaside City CouncilJune 1, 2023

Seaside City Council
June 1, 2023