HomeMy WebLinkAbout2025-09-30; Municipal Water District; 01; Adoption of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for the Elm and Skyline Steel Reservoir Coating ProjectCA Review TL
Meeting Date: Sept. 30, 2025
To: President and Board Members
From: Geoff Patnoe, Executive Manager
Staff Contact: Daniel Zimny, Utilities Senior Engineer
daniel.zimny@carlsbadca.gov, 442-359-2233
Keri Martinez, District Engineer
keri.martinez@carlsbadca.gov, 442-339-2354
Subject: Adoption of Plans, Specifications and Contract Documents and
Authorization to Advertise for Bids for the Elm and Skyline Steel
Reservoir Coating Project
District: 1
Recommended Action
Adopt a Carlsbad Municipal Water District Board of Directors resolution adopting the plans,
specifications and contract documents for the Elm and Skyline Steel Reservoir Coating Project
and authorizing the Secretary to the Board of Directors to advertise for bids for the project.
Executive Summary
The Elm and Skyline potable water storage tanks are scheduled for new interior and exterior
coating as part of the Reservoir Repair and Maintenance Program, Capital Improvement
Program Project No. 5024. Additional sanitary and safety improvements for the facility are also
included in the scope of work to maintain compliance with industry and regulatory standards.
Staff recommend that the Carlsbad Municipal Water District Board of Directors adopt the
project plans, specifications and contract documents for the Elm and Skyline Steel Reservoir
Coating project, CIP Project No. 5024-3, or Project and authorize the Secretary to the Board to
advertise for construction bids.
Explanation & Analysis
The CMWD owns and operates 11 potable water reservoirs that supply the CMWD service area.
Five of the reservoirs are welded steel tanks with protective coating systems on the interior and
exterior surfaces to inhibit corrosion. Regular inspection, repair and replacement of the
coatings is required to preserve each tank’s structure and water quality within the reservoir.
The maintenance is part of the Reservoir Repair and Maintenance Program, Capital
Improvement Program Project No. 5024, and achieves compliance with safety and sanitary
standards.
Sept. 30, 2025 Item #1 Page 1 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
The project will remove and reapply protective coatings at the Elm reservoir, at 2237 Janis Way;
and the Skyline reservoir, at 4285 Skyline Road; which are in the northwest quadrant of the city,
as shown in Exhibit 3. Originally constructed in 1972, the reservoirs each hold 1.5 million gallons
of potable water and were last coated in 2014.
The 2019 Utilities Asset Management Plan, adopted by the CMWD Board with Resolution
No. 1620, forecast the need to replace the coating systems in fiscal year 2024-25. Recent
condition assessment inspections have verified the need to recoat the facilities. Other minor
sanitary and safety maintenance items, such as replacing roof vent screens and handrail
extensions, are included in the project. The reservoirs will be taken out of service and the work
completed sequentially to avoid interruption to customer water service.
The CMWD Board’s adoption of the plans, specifications and contract documents is required
when the expected value of the work exceeds $220,000, per Carlsbad Municipal Code Section
3.28.080(E). The engineer’s estimated value of work, including contingency, is $2,535,000;
therefore, the project requires CMWD Board approval.1
Staff recommend that the CMWD Board adopts the plans, specifications and contract
documents and authorize the Secretary to the Board to advertise and receive construction bids
for the Project.
Fiscal Analysis
The Project is a component of the Reservoir Repair and Maintenance Program, Capital
Improvement Program Project No. 5024, and is funded by the water replacement fund.
Sufficient funds are available in the program account to complete the Project.
Available funds and estimated construction costs are presented in the table below.
Reservoir Repair and Maintenance Program
Capital Improvement Program Project No. 5024
Total appropriation to date $7,890,000
Total expenditures and encumbrances to date -$4,480,991
Total available balance $3,409,009
Elm and Skyline Steel Reservoir Coating Project
Capital Improvement Program Project No. 5024-3
Construction contract (engineer’s estimate) -$2,135,000
Construction contingency (estimated) -$400,000
Construction management, inspection and testing, public outreach,
engineering and administration (estimated) -$400,000
Total estimated construction costs -$2,935,000
Remaining balance $474,009
1 An engineer’s estimate is an opinion of a project’s probable construction cost given by an experienced and
qualified professional engineer. Staff use them to obtain an estimate as close to the actual costs as possible.
Sept. 30, 2025 Item #1 Page 2 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
Next Steps
Upon adoption of the plans, specifications and contract documents by the CMWD Board, the
Secretary to the Board will advertise a notice inviting bids for the Project on the city’s bid site.
Staff will then evaluate the bids received and identify the lowest responsive and responsible
bidder.
Staff plan to return to the CMWD Board in early 2026 with a recommendation to award a
contract to the lowest responsive and responsible bidder.
Environmental Evaluation
The proposed action for construction of the Elm and Skyline Steel Water Reservoir Coating
Project is categorically exempt from environmental review under the California Environmental
Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or
minor alteration of existing facilities with negligible or no expansion of the existing or former
use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section
15300.2 or CMC Section 19.04.070(C) apply.
Exhibits
1.CMWD Board resolution
2.Plans, specifications and contract documents (on file in the Office of the Secretary to the
Board)
3.Location map
Sept. 30, 2025 Item #1 Page 3 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
Exhibit 1 RESOLUTION NO. 1784
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
ADOPTING THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR
THE ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT AND
AUTHORIZING THE SECRETARY TO THE BOARD OF DIRECTORS TO
ADVERTISE FOR BIDS FOR THE PROJECT
WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board of Directors has determined
that it is necessary, desirable and in the public interest to replace the interior and exterior protective
coating systems on the Elm and Skyline steel reservoirs; and
WHEREAS, the plans, specifications and contract documents for the Elm and Skyline Steel
Reservoir Coating Project, Capital Improvement Program, or CIP, Project No. 5024-3, or Project, have
been prepared, are on file in the Office of the Secretary to the Board, and are incorporated by
reference; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.080(E) requires CMWD Board of
Directors’ adoption of plans, specifications and contract documents for all construction projects that
are to be formally bid upon when the value exceeds $220,000; and
WHEREAS, the estimated construction cost of the Project is $2,935,000, including contingency,
construction management and inspection and other support costs; and
WHEREAS, sufficient funding in the water replacement fund is available for the Project.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad,
California, as follows:
1.That the above recitations are true and correct.
2.That the Board of Directors of the Carlsbad Municipal Water District has determined
that the proposed action for construction of the Elm and Skyline Steel Water Reservoir
Coating Project is categorically exempt from environmental review under the California
Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the
maintenance, repair or minor alteration of existing facilities with negligible or no
expansion of the existing or former use. No exceptions to the categorical exemption as
set forth in CEQA Guidelines Section 15300.2 or CMC Section 19.04.070(C) apply.
Sept. 30, 2025 Item #1 Page 4 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
3.That the plans, specifications and contract documents for the Elm and Skyline Steel
Reservoir Coating Project, CIP Project No. 5024-3, are hereby adopted and on file in the
Office of the Secretary to the Board.
4.That the Secretary to the Board is authorized and directed to publish, in accordance with
state law and CMC Section 3.28.080(C), a notice to contractors inviting bids for
construction of the project in accordance with the plans, specifications and contract
documents referred to herein.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of
the Carlsbad Municipal Water District of the City of Carlsbad on the 30th day of September,
2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Sept. 30, 2025 Item #1 Page 5 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
Exhibit 2
Plans, specifications and contract documents
(on file in the Office of the Secretary of the Board)
Sept. 30, 2025 Item #1 Page 6 of 7
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48
Revised 6/12/18 Contract No. 5024-3A Page 1 of 117
CARLSBAD MUNICIPAL
WATER DISTRICT
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS AND TECHNICAL
SPECIFICATIONS
FOR
WATER RESERVOIR IMPROVEMENT
PROGRAM
ELM AND SKYLINE STEEL RESERVOIR
COATING PROJECT
PROJECT NO. 5024-3A
BID NO. PWS26-3918UTIL
Signed: 9/30/2025
Revised 6/12/18 Contract No. 5024-3A Page 2 of 117
TABLE OF CONTENTS
Item Page Notice Inviting Bids ..................................................................................................................... 6 Contractor's Proposal ................................................................................................................ 13
Bid Security Form ..................................................................................................................... 18 Bidder’s Bond to Accompany Proposal ..................................................................................... 19
Guide for Completing the “Designation of Subcontractors” Form .............................................. 20
Designation of Subcontractor and Amount of Subcontractor’s Bid Items .................................. 22 Bidder's Statement of Technical Ability and Experience ............................................................ 23 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ........................................................................................ 24
Bidder’s Statement Re Debarment ............................................................................................ 25 Bidder's Disclosure of Discipline Record …………………………………………… ...................... 26 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................. 28 Contract Public Works ............................................................................................................... 29 Labor and Materials Bond ......................................................................................................... 36
Faithful Performance/Warranty Bond ........................................................................................ 38 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ....................................... 40
Revised 6/12/18 Contract No. 5024-3A Page 3 of 117
GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms .......................................................... ..................................................... 43 1-2 Definitions .................................................... ..................................................... 43 1-3 Abbreviations ............................................... ..................................................... 49 1-4 Units of Measure .......................................... ..................................................... 52 1-5 Symbols ....................................................... ..................................................... 53
Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. ..................................................... 54 2-2 Assignment .................................................. ..................................................... 54 2-3 Subcontracts ................................................ ..................................................... 54 2-4 Contract Bonds ............................................ ..................................................... 55
2-5 Plans and Specifications .............................. ..................................................... 56 2-6 Work to be Done .......................................... ..................................................... 61 2-7 Subsurface Data .......................................... ..................................................... 61
2-8 Right-of-Way ................................................ ..................................................... 61 2-9 Surveying ..................................................... ..................................................... 62 2-10 Authority of Board and Engineer .................. ..................................................... 63
2-11 Inspection .................................................... ..................................................... 64 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ ..................................................... 65 3-2 Changes Initiated by the Agency .................. ..................................................... 65 3-3 Extra Work ................................................... ..................................................... 66 3-4 Changed Conditions .................................... ..................................................... 69 3-5 Disputed Work ............................................. ..................................................... 70 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... ..................................................... 76 4-2 Materials Transportation, Handling and Storage ................................................ 80 Section 5 Utilities
5-1 Location ....................................................... ..................................................... 81 5-2 Protection .................................................... ..................................................... 81 5-3 Removal ...................................................... ..................................................... 82
5-4 Relocation .................................................... ..................................................... 82 5-5 Delays .......................................................... ..................................................... 83 5-6 Cooperation ................................................. ..................................................... 83
Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ........................................ 84 6-2 Prosecution of Work ..................................... ..................................................... 86 6-3 Suspension of Work ..................................... ..................................................... 87 6-4 Default by Contractor ................................... ..................................................... 88 6-5 Termination of Contract................................ ..................................................... 88 6-6 Delays and Extensions of Time .................... ..................................................... 88 6-7 Time of Completion ...................................... ..................................................... 89 6-8 Completion, Acceptance, and Warranty ....... ..................................................... 90 6-9 Liquidated Damages .................................... ..................................................... 92
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6-10 Use of Improvement During Construction .... ..................................................... 92 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... ..................................................... 93 7-2 Labor ........................................................... ..................................................... 93 7-3 Liability Insurance ........................................ ..................................................... 93 7-4 Workers' Compensation Insurance .............. ..................................................... 93 7-5 Permits ........................................................ ..................................................... 94 7-6 The Contractor’s Representative .................. ..................................................... 95 7-7 Cooperation and Collateral Work ................. ..................................................... 96 7-8 Project Site Maintenance ............................. ..................................................... 96 7-9 Protection and Restoration of Existing Improvements ........................................ 99 7-10 Public Convenience and Safety ................... ................................................... 100 7-11 Patent Fees or Royalties .............................. ................................................... 107 7-12 Advertising ................................................... ................................................... 108 7-13 Laws to be Observed ................................... ................................................... 108 7-14 Antitrust Claims ............................................ ................................................... 108 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ ................................................... 109 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................... 110 9-2 Lump Sum Work .......................................... ................................................... 110 9-3 Payment ...................................................... ................................................... 110 9-4 Bid Items ...................................................... ................................................... 114 TECHNICAL SPECIFICAITONS 003119 Existing condition information 028319 Lead based paint remediation 028333 Lead based paint removal and disposal 099713 Steel water storage tank coating APPENDICES Appendix A Location Maps and Tank Attributes
Appendix B Tank Photos Appendix C Utility Shutdown Request, E-28 Form Appendix D Detail Sheet
Appendix E Reservoir Record Drawings Appendix F CARB Fleet Compliance Certification
Revised 6/12/18 Contract No. 5024-3A Page 5 of 117
CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS
Until 11 a.m. on November 5, 2025, the Carlsbad Municipal Water District shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/departments/finance/contracting-purchasing, for
providing all labor, materials, tools, equipment, and services to replace the interior and exterior coating systems and construct associated sanitary and safety improvements at the following potable water tanks: - Elm Tank 1.5 Million Gallon capacity, Shell Height: 22.5-ft, Shell Diameter: 106-ft Adjacent to 3151 Donna Drive, Carlsbad CA 92008 - Skyline Tank 1.5 Million Gallon capacity, Shell Height: 22.5-ft, Shell Diameter: 106-ft Adjacent to 4275 Skyline Road, Carlsbad CA 92008 WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A PWS26-3918UTIL ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding (eBidding) site, at: Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov) and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid. The City’s electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding system.
The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all
necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and
Revised 6/12/18 Contract No. 5024-3A Page 6 of 117
Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so.
BIDS MUST BE SUBMITTED BY DUE DATE AND TIME Once the deadline is reached, no further submissions are accepted into the system. Once the
Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. RECAPITULATION OF THE WORK Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of
perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper
submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation
documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal’s General references to
sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS There are multiple bid schedules for the Work of this Contract and the Bidder shall complete all
Bid Schedules for the bid to be deemed responsive. The Agency shall determine the low Bid as described in the Contractor’s Proposal form.
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This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such
additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder.
This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by Carlsbad Municipal Water District and the
Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of
Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file with the City Clerk’s Office. The specifications for the work include City of Carlsbad Engineering Standards and the Standard Specifications for Public Works Construction all hereinafter designated “SSPWC”, as amended.
Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available,
appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated.
1. Contractor's Proposal 2. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders.
3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor’s Bid 5. Bidder's Statement of Technical Ability and Experience
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6.Acknowledgement of Addendum(a)7.Certificate of Insurance. The riders covering the City, its officials, employees and
volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.8.Bidder’s Statement Re Debarment
9.Bidder's Disclosure of Discipline Record10.CARB Fleet Compliance Certification (Appendix F)11.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for Security)
BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload d submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be
uploaded to the Carlsbad Municipal Water District’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide CMWD with the original bid security.
Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low bidders are required to submit original bid security to CMWD within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non-responsive.
ENGINEER’S ESTIMATE
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $2,135,000.
TIME OF COMPLETION
The Contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7.
SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not use federal funds. The following classifications are acceptable for this contract: C33 – Painting and Decorating.
ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
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OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained from
the City of Carlsbad website at https://www.carlsbadca.gov/departments/finance/contracting-purchasing Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the
drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via the eBidding website. Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets.
The deadline to submit questions is October 24, 2025, at 5 p.m. No questions will be entertained after that date.
The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project no later than October 29, 2025. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The City Engineer is the City’s "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work.
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A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance
of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll
records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please see Appendix A and visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held on October 22, 2025, at 10 a.m. The project sites are located within secured areas not publicly accessible. The pre-bid meeting will be the only opportunity for prospective bidders to visit the reservoir sites during the bid phase.
Attendees will assemble at the Elm Tank located adjacent to the following address: 3151 Donna Drive
Carlsbad CA, 92008 Opportunity to visit the Skyline Tank at 4275 Skyline Road will be provided thereafter.
Attendees will be required to sign-in on the meeting attendance log upon arriving at the water reservoir property. A signature from at least one staff member representing the bidder’s company is required to provide proof of attendance. Bids will not be accepted from any bidder who does not have a company representative in attendance at the mandatory pre-bid meeting. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated
in this proposal, times the unit price as submitted by the bidder. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in
an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the
Revised 6/12/18 Contract No. 5024-3A Page 11 of 117
October 1, 2025
contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by CMWD until they are released as stated
in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the
bond. The bonds are to be accompanied by the following documents: 1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do
so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, CMWD may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1. Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2. Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1. Meet the conditions stated above for all insurance companies. 2. Cover any vehicle used in the performance of the contract, used onsite or offsite,
whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. CMWD does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by CMWD is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, CMWD may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the by the Board of Directors of the Carlsbad Municipal Water District, California,
by Resolution No. XXXX, adopted on the 30th day of September 2025.
Date Graham Jordan, Deputy Clerk
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CARLSBAD MUNICIPAL WATER DISTRICT
WATER RESERVOIR IMPROVEMENT PROGRAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
CONTRACTOR'S PROPOSAL
Board of Directors Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No.
5024-3A in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit (refer to Section 9-4 for bid item descriptions):
SCHEDULE A – ELM TANK
Item No. Item Description Unit Quantity Unit Price Total Amount
A-1 Mobilization: not to exceed 10% of Schedule A Bid Price LS 1
A-2 Remove steel anchor point and replace with welded steel D-Ring tie-off bracket EA 4
A-3 Remove and dispose interior steel ladder and support beams LS 1
A-4 Furnish and install 10-ft roof guard rail extension LS 1
A-5
Remove Existing 2-inch Dia. Outlet Port and
Replace with New 2-inch Dia. 3000# full coupling type 316SS EA 3
A-6 Furnish and Install 12-inch Dia. 45-degree angle bend fitting on tank interior inlet LS 1
A-7 Exterior lead-based paint identification, handling and disposal LS 1
A-8 Remove existing exterior coating per SSPC-
SP10 near white blast cleaning LS 1
A-9 Remove existing interior coating per SSPC-
SP10 near white blast cleaning LS 1
A-10 Furnish and install exterior coating system LS 1
A-11 Rafter grinding Crew HR 24
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A-12 Furnish and install interior coating systems LS 1
A-13 Replace roof vent screens LS 1
A-14 Remove and replace exterior chime lap caulking and backer rod in-kind LS 1
Total amount of bid (in figures) for Schedule “A”: $ Total amount of bid (in words) for Schedule “A”:
SCHEDULE B – SKYLINE TANK
Item No. Item Description Unit Quantity Unit Price Total Amount
B-1 Mobilization: not to exceed 10% of Schedule B Bid Price LS 1
B-2 Remove steel anchor point and replace with welded steel D-Ring tie-off bracket EA 4
B-3 Remove and dispose interior steel ladder and
support beams LS 1
B-4 Furnish and install 10-ft roof guard rail extension LS 1
B-5 Remove Existing 2-inch Dia. Outlet Port and Replace with New 2-inch Dia. 3000# full coupling type 316SS EA 2
B-6 Furnish and Install 12-inch Dia. 45-degree
angle bend fitting on tank interior inlet LS 1
B-7 Exterior lead-based paint identification,
handling and disposal LS 1
B-8 Remove existing exterior coating per SSPC-SP10 near white blast cleaning LS 1
B-9 Remove existing interior coating per SSPC-SP10 near white blast cleaning LS 1
B-10 Furnish and install exterior coating system LS 1
B-11 Rafter grinding Crew HR 24
B-12 Furnish and install interior coating systems LS 1
B-13 Replace roof vent screens LS 1
B-14 Remove and replace exterior chime lap caulking and backer rod in-kind LS 1
Total amount of bid (in figures) for Schedule “B”: $ Total amount of bid (in words) for Schedule “B”:
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Total amount of bid (in figures) for Schedules “A+B”: $
Total amount of bid (in words) for Schedules “A+B”:
The low bid will be determined by the sum of Schedules “A” and “B”.
Price(s) given above are firm for 90 days after the date of bid opening. Addendum(a) No(s). ___________________ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the
District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed
under license number _________________________, classification ________________ which expires on ___________________________, and Department of Industrial Relations PWC registration number ________________________ which expires on _____________________,
and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to
the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a
bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ______________________________ (Cash, Certified Check,
Bond or Cashier's Check) for ten percent (10%) of the amount bid.
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The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted _____________________________________ (2) Signature (given and surname) of proprietor ____________________________________
(3) Place of Business ________________________________________________________ (Street and Number) City and State _____________________________________________________________
(4) Zip Code ___________________ Telephone No. _________________________________ (5) E-Mail ___________________________________________________________________ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted _______________________________________ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) _________________________________________________________________________ _________________________________________________________________________
(3) Place of Business __________________________________________________________ (Street and Number)
City and State _____________________________________________________________ (4) Zip Code ___________________ Telephone No. _________________________________
(5) E-Mail ___________________________________________________________________
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted _______________________________________ __________________________________________________________________________
(2) _________________________________________________________________________ (Signature)
____________________________________________________________________________ (Title) Impress Corporate Seal here
(3) Incorporated under the laws of the State of _______________________________________ (4) Place of Business ________________________________________________________ (Street and Number) City and State _____________________________________________________________ (5) Zip Code _____________________ Telephone No. _______________________________ (6) E-Mail ___________________________________________________________________
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ____________________________________ ___________________________________ ____________________________________ ___________________________________
____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________
____________________________________ ___________________________________ ____________________________________ ___________________________________
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BID SECURITY FORM
(Check to Accompany Bid) WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashier’s check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of _______________________________________ dollars ($________________), this amount being ten percent (10%) of the total amount of the
bid. The proceeds of this check shall become the property of the District provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the
period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. _______________________________________ _______________________________________ BIDDER
_________________ *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A KNOW ALL PERSONS BY THESE PRESENTS:
That we, _______________________________________________________, as Principal, and _____________________________________, as Surety are held and firmly bound unto
the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) __________________________ for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns,
jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this ____________ day of ___________________________, 20_____
________________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: __________________________________ By: ________________________________ (Signature) (Signature) __________________________________ ________________________________
(Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON
General Counsel By: __________________________________
Assistant General Counsel
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GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes
performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers
for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the
plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the
work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the
proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
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Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract
documents and the various supplemental provisions. The decision of the Board of Directors shall be final.
Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
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DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal) WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR’S BID ITEMS
Portion of Work Subcontractor Name and Location of Business
Phone No. and Email Address
DIR Registration No.
Subcontractor’s License No. and Classification*
Amount of Work by Subcontractor in Dollars*
Page _____ of _____ pages of this Subcontractor Designation form _________________
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. The Contractor shall be a licensed Painting and Decorating Contractor in the State of California (C-33 Classification) and have a minimum of five (5) years of experience with successful history in the surface preparation and application of coating systems to the interior and exterior surfaces of steel water storage tanks of similar or larger size as the work of this Contract. Bidder must also submit proof of QP-1 AND QP-2 certification under the Society for Protective Coatings (SSPC) Qualification Procedure (QP) Certification Program and the qualifications of its Representatives in accordance with Section 7-6.
The proposal shall be deemed non-responsive if the required technical ability and experience for the Bidder or its representative is not demonstrated.
Date Contract Completed Name and Address of the Employer
Name and Phone No. of Person to Contract Type of Work Amount of Contract
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BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY,
AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of
insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? ______ ______ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred
agency period of debarment
party debarred
agency period of debarment
BY CONTRACTOR:
(name of Contractor)
By: (sign here)
(print name/title)
Page _____ of _____ pages of this Re Debarment form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal) WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A
complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento,
California 95826. 1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period? ______ ______
yes no 2) Has the suspension or revocation of your contractor’s license ever been stayed? ______ ______ yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board two or more times within an eight year period?
______ ______ yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed? ______ ______
yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, describe the nature of the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.) Page _____ of _____ pages of this Disclosure of Discipline form
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) By: (sign here)
(print name/title)
Page _____ of _____ pages of this Disclosure of Discipline form
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NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
The undersigned declares: I am the ____________ of ______________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________________, 20____ at _________ [city], ________ [state]. ________________________________________________ Signature of Bidder
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CONTRACT PUBLIC WORKS
This agreement is made this ____________ day of ____________________________, 2025, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and _______________________________ whose principal place of business is _______________________________________________ (hereinafter called "Contractor"). District and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for: WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
(hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the
Contract, the District will be the interpreter of the intent of the Contract Documents, and the District’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve
responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this
Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The District shall
withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground
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conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District
does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor
shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing
law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs
of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be
excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general
prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall
comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense,
and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or
alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of
the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the
District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad’s policy for insurance as stated in City Council Policy # 70.
(A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Commercial General Liability (GLC) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per
accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of
$1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions.
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a. The District, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested.
(D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the
District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense
expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of
California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the District with certificates of
insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms
Revised 6/12/18 Contract No. 5024-3A Page 33 of 117
approved by the District and are to be received and approved by the District before the Contract is executed by the District.
(I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding.
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(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is
San Diego County, California. I have read and understand all provisions of Section 11 above. ________ init ________ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7,
Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.
16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. [signatures on the following page]
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED (CORPORATE SEAL) CONTRACTOR:
(name of Contractor) By: (sign here)
(print name and title) By: (sign here) (print name and title)
CARLSBAD MUNICIPAL WATER DISTRICT
a municipal corporation of the State of California By: KEITH BLACKBURN, President
ATTEST: SHERRY FREISINGER, Secretary
President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM: CINDIE K. McMAHON
General Counsel By: Assistant General Counsel
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LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to _____________________________________________________ (hereinafter designated as the "Principal"), a Contract for:
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water
District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ______________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ dollars ($_______________), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in,
upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this
Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
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of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this ______________ day of __________________________, 20____
_______________________________(SEAL) _____________________________(SEAL) (Principal) (Surety) By: _________________________________ By: ________________________________
(Signature) (Signature) __________________________________ ________________________________ (Print Name & Title) (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM:
CINDIE K. McMAHON General Counsel
By: _________________________________ Assistant General Counsel
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FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District located in the State of California has awarded to _____________________________________________________ (hereinafter designated as the "Principal"), a Contract for:
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad
Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, ______________________________________________________,
as Principal, (hereinafter designated as the "Contractor"), and ___________________________ ___________________________________ as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ______________________________________________ ____________________________________________________ Dollars ($_______________), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
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In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ______________ day of __________________________, 20____
_______________________________(SEAL) _____________________________(SEAL)
(Principal) (Surety) By: _________________________________ By: ________________________________ (Signature) (Signature)
__________________________________ ________________________________ (Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel
By: _________________________________ Assistant General Counsel
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OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and ____________________________________________________________ whose address is _____________________________________________________ hereinafter called "Contractor" and ___________________________________________________ whose address is __________________________________________________________ hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as
follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for
WATER RESERVOIR IMPROVEMENT PROGAM ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT PROJECT NO. 5024-3A in the amount of ___________________________ dated ______________ (hereinafter referred
to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner.
2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow
created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the
Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be
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subject to withdrawal by Contractor at any time and from time to time without notice to the District.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that District consents to the withdrawal of the amount sought to be
withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable
to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive
written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For District: Title FINANCE DIRECTOR Name
Signature Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Name
Signature Address For Escrow Agent: Title
Name
Signature Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above. For District: Title PRESIDENT
Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA
92008 For Contractor: Title
Name Signature Address
For Escrow Agent: Title Name Signature Address
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GENERAL PROVISIONS FOR
WATER RESERVOIR IMPROVEMENT PROGRAM
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT
CONTRACT NO. 5024-3A CARLSBAD MUNICIPAL WATER DISTRICT
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS. Unless otherwise stated, the words directed, required, permitted, ordered,
instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import
are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by
the Engineer,” unless stated otherwise. 1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and
such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete and in-place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
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Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include
bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency – The City of Carlsbad, California and/or the Carlsbad Municipal Water District. Agreement – See Contract.
Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Average Sound Level – The level, in decibels, of the mean-square A-weighted sound pressure during a stated time period, with reference to the square of the standard reference sound
pressure of 20 micropascals. The "average sound level" is equivalent to the industry standard Leq. See Equivalent Continuous Sound Level. Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.
Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond – Bid, performance, and payment bond or other instrument of security. Caltrans – The State of California, Department of Transportation. Cash Contract – A Contract financed by means other than special assessments. Certificate of Compliance – A written document signed and submitted by a supplier or manufacturer that certifies that the material or assembled material supplied to the Work site conforms to the requirements of the Contract Documents.
Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work.
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Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the Contract Documents), Notice Inviting Bids, Instructions to Bidders; Bid (including
documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits, the Technical Specifications, the Supplemental Provisions, the Plans,
Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Contract Time - The number of Working Days to complete the Work as specified in the
Contract Documents. Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Critical Path – In the construction schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration.
Days – Days shall mean consecutive calendar’s days unless otherwise specified. Decibel – A unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.
Defective Work - Work that does not conform to the requirements of the Contract Documents. Deputy City Engineer – The Engineering Manager of the Construction Management & Inspection Department, the Construction Manager’s immediate supervisor and the Engineer’s designated representative. The Deputy City Engineer is the second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Disputed Work – Work in which the Agency and the Contractor are in disagreement. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm,
luminaire, etc.
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Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution.
Engineer of Record/Design Engineer – A registered professional engineer licensed in the State of California who is qualified to act as an agent of a project owner or to prepare plans for
facilities to be accepted by the City of Carlsbad. The term includes persons licensed in the State of California as Civil Engineers or Structural Engineers. Equivalent Continuous Sound Level (Leq) – The average sound level which, over a given period of time, has the same total energy as the fluctuating noise and is also known as the time-average sound level. Extra Work – New or unforeseen work not covered by a Contract Unit Price or Stipulated Unit Price.
Float – The number of days by which an activity in the construction schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion. Holiday – Holidays and the days observed are listed below. If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If the holiday falls on a Sunday, it is observed the following Monday. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on holidays.
New Year’s Day January 1 Martin Luther King Day 3rd Monday in January Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September
Indigenous Peoples’ Day 2nd Monday in October Veteran’s Day November 11 Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day December 25 House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer.
House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified).
Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.
Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid.
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Modification – Includes Change Orders and Supplemental Agreements. A Modification may
only be used after the effective date of the Contract. Night Work – See Working Night.
Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract.
Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Sections 2-3.1 and 2-3.2 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of
the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. Further, “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Sections 2-3.1 and 2-3.2. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings,
or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments
in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial
waste.
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Shop Drawings – Drawings showing the details of manufactured or assembled products proposed to be incorporated into the Work.
Sound Level – The weighted sound pressure level obtained using a sound level meter and frequency weighting network as provided in the American National Standards Institute (ANSI)
specifications for sound level meters. "Sound level" means the same as "noise level." Special Provisions – Revisions to the Standard Specifications setting forth conditions and
requirements peculiar to the Work. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”. State – State of California. Stipulated Unit Price – Unit prices established by the Agency in the Contract Documents. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm
water. Street – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein,
supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties.
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Supplemental Provisions – See Special Provisions.
Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.
Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms.
Utility – Tracks, overhead or underground wires, pipelines, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or easement. Work – That which is proposed to be constructed or done under the Contract or permit,
including the furnishing of all labor, materials, equipment, and services. Working Drawings – Drawings showing the details not shown on the Plans which are required to be designed by the Contractor. Working Night – A period of night-time work, allowed only on Sunday through Thursday, excluding holidays. 1-3 ABBREVIATIONS. 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to
these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the “Manual of Steel Construction” published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words Abbreviation Word or Words ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM .............................................................. Benchmark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base
CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence
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CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL ..................................................................Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ........................................................ Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line FS ...................................................... Finished surface FT-LB .........................................................Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall
G ........................................................................... Gas GA ..................................................................... Gauge GAL ............................................... Gallon and Gallons GALV ......................................................... Galvanized GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP ..................................................................Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HDWL ........................................................... Headwall HGL .............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ...............................................................Including INSP .............................................................Inspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ...................................................................Live load LOL .............................................................Layout line LONG ........................................................Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum LTS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District
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NRCP .............................. Nonreinforced concrete pipe OBS ...............................................................Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ...............................................................Opposite ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection PL ............................................................. Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction
SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section
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1-3.3 Institutions.
Abbreviation Word or Words
AASHTO ............................. American Association of State Highway and Transportation Officials ACI .................................................................................................... American Concrete Institute AISC ...............................................................................American Institute of Steel Construction
ANSI ................................................................................. American National Standards Institute AREA ........................................................................ American Railway Engineering Association ASME ........................................................................ American Society of Mechanical Engineers ASQ ................................................................................................. American Society for Quality ASTM ........................................................................ American Society for Testing and Materials AWPA ............................................................................ American Wood Preservers Association
AWS ................................................................................................... American Welding Society AWWA .................................................................................. American Water Works Association EEI ........................................................................................................... Edison Electric Institute EIA ...................................................................................................Electronic Industries Alliance EPA ......................................................................................... Environmental Protection Agency ETL ............................................................................................... Electrical Testing Laboratories FCC .................................................................................. Federal Communications Commission FHWA ......................................................................................... Federal Highway Administration GRI ............................................................................................ Geosynthetic Research Institute IEEE ................................................................... Institute of Electrical and Electronics Engineers IMSA ............................................................................International Municipal Signal Association
ISSA ............................................................................ International Slurry Surfacing Association ITE ....................................................................................... Institute of Transportation Engineers NCHRP ........................................................... National Cooperative Highway Research Program
NEMA .................................................................... National Electrical Manufacturers Association NSF .................................................................................................National Science Foundation OSHA ..................................................................Occupational Safety and Health Administration
PPI .............................................................................................................. Plastics Pipe Institute RUS ............................................................................................................ Rural Utilities Service SAE ........................................................................................... Society of Automotive Engineers SSPC ........................................................................................... Society for Protective Coatings UL ................................................................................................. Underwriters' Laboratories Inc. 1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors.
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1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103
centi (c)..................................................................................................10-2
milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12
1-5 SYMBOLS. Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line
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SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the board, except that the contractor may assign money due or which will accrue to it under the contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of
the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the work, should the Contractor be in default.
2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
“(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the
State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars
($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.” If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1
percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a
clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing.
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Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50
percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own
organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50
percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for
approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other
sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.
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The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not
less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been
paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1. An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the contract documents and specifications, to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, Project Technical Specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction
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(SSPWC) and the latest supplements thereto, 2024 edition as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended.
The Standard Drawings consist of the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of
Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
Modified standard drawings, if applicable, are enclosed in the appendices to these General Provisions. The Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made in the contract documents, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the contract documents or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents.
If there is a conflict in the Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in
order of highest to lowest precedence: 1. Permits from other agencies as may be required by law.
2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract. 5. Technical Specifications. 6. Carlsbad General and Supplemental Provisions. 7. Carlsbad Engineering Standards. 8. Technical Specifications. 9. Standards Plans.
a. City of Carlsbad Standard Drawings. b. City of Carlsbad Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. e. Traffic Signal Design Guidelines and Standards. f. State of California Department of Transportation Standard Plans.
g. State of California Department of Transportation Standard Specifications. h. California Manual on Uniform Traffic Control Devices (CA MUTCD). 10. Standard Specifications for Public Works Construction, as amended.
11. Reference Specifications. 12. Manufacturer’s Installation Recommendations
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Detail drawings shall take precedence over general drawings.
Detailed plans and plan views shall have precedence over general plans. 2-5.2.1 Precedence of Caltrans Specifications. Where Caltrans specifications are used to
modify the SSPWC or are added to the SSPWC by the Contract Documents, the Caltrans specifications shall have precedence only in reference to the materials referred to in the Caltrans specifications. The documents listed in Section 2-5.2 above, in their order of
precedence above, shall prevail over the Caltrans specifications in all other matters. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when
requested by the Engineer. One electronic (PDF) file shall be submitted. If revisions are required, the Engineer will return one redlined copy for resubmission. Upon acceptance, the Engineer will return one electronic copy to the Contractor. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of
transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless
otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The letter of transmittal shall contain the following: 1. Project title and Agency contract number.
2. Number of complete sets. 3. Contractor’s certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6. Description of the contents of the submittal.
7. Identification of deviations from the Contract Documents. 8. The signature, printed name, title and company name of the Contractor’s representative.
The Contractor shall subscribe to and shall place the following certification on all submittals:
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“I hereby certify that the (equipment, material, procedure(s)) shown and marked in this submittal is that proposed to be incorporated into this Project,
is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.”
Or
“
I hereby certify that the (equipment, material, procedure(s)) contained herein meet all requirements shown or specified in the Contract Documents, except for the following deviation(s): .” 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the
Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Working drawings are required in the following sections: TABLE 2-5.3.2
Item Section Number Title Subject
1 7-8.6.1 Dewatering Excavation Dewatering
2 7-10.4.1 Safety Orders Trench Shoring 3 7-10.4.8 Steel Plate Covers Steel Plate Bridging
4 300-3.2 Cofferdams Structure Excavation & Backfill 5 300-12.1 SWPPP SWPPP 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.2 Falsework Plans Structural Steel
10 307-1.1 General Jacking Operations 11 307-2.1 General Tunneling Operations 12 306-8 Microtunneling Microtunneling Operations 13 601-2 Temporary Traffic Control Plan Traffic Control
14 02690 Temporary Sewer Bypass Pumping Sewer Bypassing Working drawings listed above as Items 2, 3, 4, 7, 8, 9, 10, 11, 12, and 13 shall be prepared by
a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or
assembled products proposed to be incorporated into the Work. Shop drawings are required in the following sections and as specified in the Special Provisions: TABLE 2-5.3.3
Item Section Number Title Subject
1 207-2.5 Joints Reinforced Concrete Pipe 2 207-8.4 Joints Vitrified Clay Pipe 3 304-1.1.1 Shop Drawings Structural Steel 4 304-2.1 General Metal Hand Railings 2-5.3.4 Supporting Information. Supporting information is information required by the
Specifications for the purposes of administration of the Contract, analysis for verification of
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conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by
the Engineer. Three hard copies and one electronic (PDF) file of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be
bound together and include all manufactured items for the system. If resubmittal is not required, one red lined copy will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1 and Work Plan per 6-2. 5. Confined Space Entry Program per 7-10.4.4.
6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Controller Cabinet Wiring Diagrams per 701-17.2.2 9. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 10. Temporary highline plan per Carlsbad Engineering Standards. 2-5.4 Record Drawings. The Contractor shall maintain a complete "as-built" record set of
blue-line prints, which shall be corrected in red ink daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, conduits, valves, and all other work not visible at surface grade.
Prints for this purpose may be obtained from the Agency at cost. The official record drawing shall accurately reflect all changes and modifications to the original plan. The Contractor shall formally submit the final record drawing at the final walk-through meeting. At the direction of the
Engineer, the Contractor shall correct and revise the Record Drawings to accurately reflect field conditions. Re-submittal of the Record Drawings shall be completed within ten (10) working days of the final walk-through meeting date and shall reflect any additional punch list items. Payment for the upkeep, revision, and submittal of the record drawings shall be included in the lump sum price for mobilization. 2-5.5 Project Management and Document Control. The Contractor shall utilize the Agency’s standardized online project management and document control platform: Procore
(www.procore.com). The Contractor is required to create a free, web-based, user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore. If unfamiliar or not otherwise trained with Procore, the Contractor and applicable team members shall complete a free training certification course at the following site: http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for
obtaining their own technical support, as needed, either through online training or by contacting the Procore support team. The Contractor shall regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for the use of Procore.
The Contractor shall provide at least one on-site individual with mobile access to the Procore App to provide real-time access to current and updated drawings, specifications, RFIs,
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submittals, schedules, change orders, and other project documents as well as any deficient observations or punch list items. The Contractor shall post all communications addressed to the
Engineer, and shall review and act on all communications addressed to the Contractor, in the Procore App. The use of Procore does not relieve the contractor of any other requirements as may be specified in the Contract Documents.
Procore for Windows, iOS: https://apps.apple.com/us/app/procore-construction-management/id374930542
Procore for Android: https://play.google.com/store/apps/details?id=com.procore.activities 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil or
groundwater analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. The Contractor may make independent investigations of the project site, including evaluation of the soil or groundwater conditions and/or the presence of rock, in order to characterize the subsurface conditions that may be encountered to the Contractor’s satisfaction. The costs for such investigations shall be considered included in the bid price and no additional compensation will be made therefor. The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the time of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work, when indicated on the Plans, will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and restoring
additional work areas and removing and/or disposing of facilities temporarily required. The Contractor shall indemnify and hold the agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 General. The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall set and preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be performed at the expense of the Contractor. The Contractor shall notify the Engineer in writing at least 2 Working Days before survey services in connection with the laying out of any portion of the Work. The Contractor shall set all
stakes for line and grade. Setting tolerances for construction staking shall conform with Chapter 12, Construction Surveys of the Caltrans Surveys Manual. Surveying to determine the
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boundaries of the public right-of-way or easements shall conform with Chapter 10, Right-of-Way Surveys.
Unless otherwise specified in the Special Provisions, stakes will be set and stationed for alignments for pipelines (sewers, storm drains, potable water, recycled water) and their
appurtenances, curbs, headers, structures, rough grade, finish grade and right-of-way or easement boundaries. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet.
2-9.2 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to
establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS Drawing No. M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all
monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of
survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The Record of Survey shall show the location and justification of location of all permanent monuments set and
their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer. 2-9.3 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation
from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the Work.
Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench.
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2-9.4 Payment for Survey, Payment for survey work shall be included in the bid items requiring the survey work and no additional payment will be made. Extension of unit prices for
extra work shall include full compensation for attendant survey work and no additional payment will be made.
Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be included in the contract price for Replace Survey Monument. If no such bid item is listed in the bid, payment shall be considered incidental to the
Work necessitating the disturbance of said monuments and no additional payment will be made. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative.
The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its
subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this
contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to
this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work
done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for
ascertaining that the materials and workmanship are in accordance with these Specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
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SECTION 3 – CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or
quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work
varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by
the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
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3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual
quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so
specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior
to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be
canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein.
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3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation,
apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid.
Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by Caltrans, current at the time of the actual use of the tool or equipment. The
right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included.
If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for
the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
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The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra
work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra
work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Contractor or Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the
lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor …………………………..… 20 2. Materials .……………………….. 15 3. Equipment Rental ……………… 15 4. Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra
work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or
others shall be submitted through the Contractor. The report shall:
1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used.
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3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the
following work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes
may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act,
or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The
Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655:
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“The undersigned certifies that the above statements are made in full cognizance of the
California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: ___________________________________ Title: ______________________________
Date: _________________________________ Company Name: ______________________________________________________________ The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days
after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the Agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the Contractor and the Agency are unable to reach agreement on disputed work, the Agency may direct the Contractor to proceed with the Work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the
following dispute resolution chain of command: 1. Project Inspector
2. Construction Manager 3. Deputy City Engineer 4. City Engineer 5. Executive Manager, Carlsbad Municipal Water District
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of
claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested, the District will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the Executive Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract.
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All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail
with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public
authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is
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disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator,
each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall
result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
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(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the
public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a
lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the
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claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or
requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
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20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.
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SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer’s approval.
Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when
so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be
necessary for the completion of the Contract. 4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal
fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 6 inches and vitrified clay and cast-iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in
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the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to
purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports
required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples
of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of
the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the
Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or
tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall
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furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated
into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the Contract Documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill
its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing
from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for
proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.
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The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of
Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the
scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to
pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the
Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance
becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the
cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall
conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each
propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative
investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using
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standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee
will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written,
stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless:
1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the
investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose
excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as
consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage
site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work.
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SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which are known to exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every
property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to
commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations.
Prior to pipeline excavation, the Contractor shall verify the findings of the report and all locations and depths of utilities which are shown by the Contract Documents or have been marked by the utility owners within the proposed trench zone. The Contractor shall pothole all service connections, utilities that cross or parallel (within 5 feet) the proposed construction, and all connection points to existing utilities. The Contractor shall record the material size (outside diameter), type, and horizontal and vertical locations (bearing and slope) and submit the data and allow time for the Engineer’s review in accordance with Section 2-5.3. The Contractor shall verify the utility layout per this Section. Full compensation for such work shall be considered included in the bid item of work requiring the potholing and no separate
payment shall be made therefor. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense:
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1. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the
procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and
disposal shall be included in the Bid for the items of work necessitating such removals. The costs involved in the removal and disposal shall be considered incidental to the bid items of
work necessitating such removals and no separate payment shall be made therefor, unless a bid item for “Removal” is specifically included in the bid proposal. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as directed and approved by the City. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the
items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the
Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
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In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies
and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the
Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus
omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with
Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious
handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the
progress of the Work. Cooperation with CMWD and City staff will be required for all work affecting existing utility systems or facilities and prior to water utility shutdowns, testing and inspections, and project completion.
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SECTION 6 – PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as
may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds
for default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram
method (activity-on-node) format and submit the schedule in accordance with 2-5.3. The schedule shall:
A. Be prepared using a commercially available, Windows compatible software program, “Suretrak” by Primavera or “Project” by Microsoft Corporation or approved equal.
B. Be prepared in hard copy (paper) and electronic (Adobe PDF) format and free of file locking, encryption or any other protocol that would impede full access to the data and labeled with the project name and number, the Contractor’s name and the date of preparation. C. Begin with the date projected for the Notice to Proceed and conclude with the date of final completion conforming with the Contract time. D. Depict a time-scaled network diagram of all activities, logic relationships of interdependent activities, and milestones comprising the complete period of Work with tasks on the vertical axis and their durations on the horizontal axis. Use distinctive texture patterns or line types to show the critical path within the Contract time. Include a tabular listing of each activity and its identification number, description, duration, early start, early finish, late start, late finish, total float, and all predecessor and successor
activities. The number of activities will communicate the Contractor’s plan for project execution, accurately describe the project work and allow monitoring and evaluation of progress and time impacts. Activity descriptions shall accurately define the work planned
for the activity. Activity durations shall not be shorter than 1 working day or longer than 15 working days unless approved by the Engineer.
E. Include detail of all project phasing, staging and sequencing including all milestones necessary to define beginning and ending of each phase or stage and constraints which may impact any activity. Include time allowances for coordination with utility companies and other agencies, equipment and material deliveries, submittal reviews and approvals,
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traffic control setup and phasing, Work performed by others, inspections, testing and commissioning, corrective work, and any non-work periods.
Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. A schedule which shows a project duration longer than the
Contract Time will not be acceptable and will be grounds to consider the Contractor in default of the Contract per 6-4.
The Engineer may choose to accept the Contractor’s proposal of a project duration which is shorter than the Contract time provided the shortened Baseline Construction Schedule is reasonable and demonstrates, to the satisfaction of the Engineer, that the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened schedule. Acceptance of a shortened Baseline Construction Schedule will be confirmed through the execution of a Change Order revising the Contract time.
The Engineer’s approval of the Baseline Construction Schedule is a condition precedent to issuance of the Notice to Proceed. If the schedule does not meet the requirements of these specifications, the Contractor shall revise the schedule and resubmit it to the Engineer. Failure to obtain the Engineer’s approval of the schedule within fifteen (15) working days after the date of the preconstruction meeting shall be grounds to consider the Contractor in default of the Contract per 6-4. The number of working days used by the Engineer to review the initial Baseline Construction Schedule submittal will not be included in the 15 working days. The Engineer shall complete subsequent reviews of the revised schedule and progress updates within 5 working days of receipt. The Engineer’s response to each review will consist of one of the following:
“Accepted.” The Contractor may proceed with the Work upon issuance of the Notice to Proceed. Payment for the schedule may be requested by the
Contractor. “Accepted with Comments.” The Contractor may proceed with the Work upon
issuance of the Notice to Proceed. The Contractor must revise and resubmit the schedule and receive the Engineer’s acceptance of the schedule before payment for the schedule is requested by the Contractor. “Not Accepted.” The Contractor may not proceed with the Work, must revise and resubmit the schedule and may not request payment for the schedule. 6-1.1.2 Schedule Updates and Revisions. The Contractor shall meet with the Engineer during
the last week of each month to agree upon the completion level of each activity as a basis for progress payments. Schedule updates shall conform with the requirements for the initial submittal in 6-1.1.1 and shall: A. Show the actual dates of each activity start and/or finish during the month. The schedule update shall include specific notation for any changes in actual dates after they are first
reported. B. Report the percent complete for each activity in progress at the end of the month as
determined by the Engineer.
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C. Include a list and explanation of all changes made to the activities, dates or interconnecting logic.
D. Include activity and network revisions reflecting the Change Orders approved in the previous month as agreed upon during the review and acceptance of the Change
Orders. The Engineer’s responses to the progress schedule updates shall be as described in 6-1.1.1.
The Contractor shall proceed with Work and request payment for the progress schedule updates as described therein. If the Contractor fails to submit the progress schedule updates as required herein, the Contractor may elect to proceed with the Work at its own risk and shall forfeit payment for the progress schedule update until compliance is met. If the Contractor elects to delay or cease
Work after failure to submit the progress schedule updates, any resulting delay, impact, or disruption to the Work will be the Contractor’s responsibility. 6-1.1.3 Interim Revisions. Should the actual or projected progress of the Work exceed 5 percent of the Contract Time, the Contractor shall prepare and submit a revised Baseline Construction Schedule independently of and prior to the next progress schedule update with a list and explanation of each change made to the schedule. The submittal, schedule review and acceptance requirements of 6-1.1.2 shall apply, 6-1.1.4 Late Completion or Milestone Dates. If a schedule update indicates a completion date later than the Contract time or contractually required milestone completion date, the Agency
may withhold Liquidated Damages for the number of days late. Should a subsequent schedule update which removes all or a portion of the delay be “Accepted” by the Engineer, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly
payment to the Contractor immediately following such acceptance. 6-1.1.5 Final Schedule Update. The Contractor shall prepare and submit a final schedule
update when one hundred percent of the Work is completed. The update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed in accordance with 6-1.1.2. Acceptance of the final schedule update is required for release of funds retained per 9-3.2. 6-1.1.6 Three-Week Look Ahead Schedules. The Contractor shall submit a detailed 3-week look ahead schedule prior to each progress meeting throughout project duration. The schedules shall be revised weekly to identify the construction activities and durations for each bid item of
work for the current week and the succeeding two weeks. The Contractor shall revise the schedule to include additional activities or actual progress when so requested by the Engineer. 6-1.1.7 Measurement and Payment. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made therefor.
6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon
as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation.
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All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after
orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability.
The Contractor shall incorporate non-work days, moratoriums or special events specified in the Contract Documents into the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustments of contract time will be allowed as a consequence of these events. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Work as shown or specified on the Contract Documents. The work descriptions in this section are an overview only and shall not relieve the Contractor from its responsibilities to conduct all coordination and perform the Work in accordance with the Contract Documents. 6-2.2 Construction Phasing. The following construction phase guidelines are provided for the Contractor’s use in developing the construction schedule and a Work Plan that describes the labor, materials, equipment and procedures to conduct the Work. The phasing guidelines listed
herein are not intended to be a complete list of all construction activities and shall not relieve the Contractor from its responsibilities to coordinate and perform the Work, revise the phasing descriptions, or to develop additional phases or revise the order of phasing as necessary to
complete the Work in its entirety in accordance with the Contract Documents. 1. The Work shall occur consecutively at each facility in the following order: i. Elm ii. Skyline 2. The Contractor shall complete all work at the Elm Reservoir with the facility returned to service prior to proceeding to the Skyline Reservoir. 3. The contractor shall submit an E-28 Shutdown request, Appendix C, to the engineer at
least two weeks prior to the requested shutdown date. CMWD operations will isolate and dewater the tank upon this request. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s
Representative”. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made.
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6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. The Contractor shall coordinate with the Archaeological and Cultural Monitor during excavation activities. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as
directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension and compensation in accordance with Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to promptly begin procurement or delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as
specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory
compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within
five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the
Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice
of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a
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combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming
due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due.
The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law.
6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the
Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include war, government regulations, labor
disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interest of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3.
If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the
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Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion
of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s)
therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in
the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 160 (one hundred sixty) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer, for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday,
3. any day designated as a holiday by the Agency, 4. any day identified as a construction moratorium due to special events or holiday periods; 5. any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor association, 6. any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1, 7. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise specified or approved in writing by the Engineer, the hours of work shall be between the hours of 8 a.m. and 4 p.m. on Mondays through Fridays, excluding Agency holidays and other restricted days or times as specified in the Contract Documents.
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited elsewhere in the Contract Documents into the construction schedule. No additional payment, adjustment of bid
prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section.
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Contractor is hereby advised that the Engineer may require after hours or weekend work if
required for the protection and safety of existing facilities, workers or the public. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each
working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will
also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an inspection within five days of the Contractor’s request. The Contractor and Inspector shall attend the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies. A review of the red-line record drawings and asset schedule shall also be completed at the Site Walk-Through and all red-line deficiencies will be added to the List of Deficiencies. 6-8.2 List of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punch list) within five working days. The Contractor shall then have 10 working days to perform corrective work and provide a written response to each
punchlist item. 6-8.3 Site Follow-Up Walk-Through. Upon receipt of written responses to the List of
Deficiencies, the Inspector will complete a follow-up inspection. Any outstanding deficiencies will be noted and returned to the Contractor. Outstanding deficiencies will delay full payment of any relevant bid items.
6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector’s permission, the Contractor may submit written assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified through the Site Walk-Through process have been addressed and request a Final Inspection to demonstrate project completion to the Agency. The Contractor shall provide an attachment to the Request for Final Inspection with the Contractor’s written response to each deficiency. The Request for Final Inspection shall not be considered complete without the
Contractor’s written response to each deficiency. 6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall attend the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection.
The red-line record drawings and asset schedules shall also be reviewed.
If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to complete the corrective work.
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6-8.6 Request for Completion. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies are corrected by the
Contractor, and the Engineer is satisfied that all of the Work meets the requirements of the Contract Documents.
Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily completed to Agency’s approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed.
6-8.7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion within 2 working days. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter.
The completion date will be the date to which liquidated damages will be computed. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work. 6-8.8 Acceptance. Acceptance will occur after all the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board’s acceptance of the Work, the Agency will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work.
6-8.9 Warranty. All work shall be warranted for one (1) year after acceptance of the Work and any faulty work or materials discovered during the warranty period shall be repaired or replaced
by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the
Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor’s sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work, or a portion thereof, within the time allowed will result in damages being sustained by the Agency. For each consecutive working day in excess of the time specified for completion of Work, or a portion thereof, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or
have withheld monies due it, the sum of one thousand dollars ($1,000.00). Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that the amount specified above per day is the minimum value of costs and actual damages caused by
the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the
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Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause,
except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full
responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any
completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents.
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SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be
immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with
applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum
wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations.
The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in
connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers’
Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies
for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, oversize load, blasting, and demolition.
The Contractor shall pay all business taxes or license fees that are required for the Work. 7-5.1 Air Pollution Control Permits. The use of materials or activities that can generate air emissions are regulated by the California Air Resource Board (CARB) and the San Diego County Air Pollution Control District (SDAPCD) and either require permits or are subject to state
or local air regulations which establish limitations on equipment or product use or VOC content and requirements for recordkeeping and reporting. These materials and activities include, but are not limited to the following:
• Abrasive blasting
• Adhesives
• Asbestos abatement, removal or disruption
• Coating or painting
• Concrete curing compounds
• Demolition of buildings, equipment or structures
• Fiberglass/polyester resin layup or machining
• Operation of non-road diesel engines greater than 49 hp (including generators, compressors, pumps, hydro blasters, etc.)
• Operation of off-road diesel engines greater than 25 hp (including forklifts, construction equipment, load handlers, etc.)
• Solvents
• Welding
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Operators of portable engines and other types of equipment can register their units under the CARB Statewide Portable Equipment Registration Program (PERP) in order to operate their
equipment throughout California. However, the use of portable equipment (e.g., bypass pumps) to perform the function of permitted stationary equipment is subject to SDAPCD regulation in addition to CARB requirements.
Diesel-engine driven generators or equipment shall have a valid permit or registration in accordance with the California Air Resources Board and/or the San Diego County Air Pollution
Control District regulations prior to mobilization to the site. The Contractor shall submit a copy of the permit or registration documents for all equipment subject to state or local air pollution control regulations and maintain the permit or registration documents in valid standing during the performance of the Work. Products such as paints, adhesives, resins, solvents and other products shall comply with the
Volatile Organic Compound (VOC) content limits established by CARB and/or the SDAPCD. The Contractor shall be responsible for determining that such products can be used legally in the performance of the Work. The Contractor shall maintain and submit records to the City Engineer on the quantities of paints or solvents used as may be required by applicable regulations. Prior to starting any activity that is required to have an air pollution control permit or registration, the Contractor shall verify the applicability of the latest air pollution control regulations pertaining to the proposed materials, equipment and operations and obtain and comply with applicable requirements:
• Rule 11 – Exemptions from Rule 10 Permit Requirements Rule 12 – Registration of Specified Equipment
• Rule 12.1 – Portable Equipment Registration
• Rule 51 – Nuisance
• Rule 67.0.1 – Architectural Coatings
• Rule 67.17 – Storage of Materials Containing Volatile Organic Compounds
• Rule 71 – Abrasive Blasting
San Diego Air Pollution Control District: 858-586-2600 https://www.sdapcd.org/content/sdapcd/permits.html
California Air Resource Board: https://ww2.arb.ca.gov/our-work/programs/portable-equipment-registration-program-perp/about
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An
alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative.
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In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language.
The qualifications for the Contractor’s Representative shall include at a minimum:
1. At least five years of experience in a superintendent capacity for projects that are similar in scope and cost to the projects identified in the Contractor’s Statement of Technical Ability and Experience submitted with the bid, and successful completion of at least
three projects involving coating steel water tanks with contract values of at least $1,000,000. A minimum of one project shall display experience with lead-based paint abatement. The Contractor shall be responsible for submitting verifiable experience records. 2. Completion of OSHA 30-hour construction training course. Submit certification as proof.
In the event that the Contractor proposes to change the Contractor's Representative prior to Project completion, the Contractor shall notify the Agency and submit the qualifications of the proposed Contractor's Representative for the Engineer's review at least two weeks prior to the proposed change. The qualifications shall demonstrate that the minimum requirements of the position, as described herein, are satisfied. The Engineer will review the qualifications of proposed Contractor's Representative within 5 working days of receipt. No change in Contractor's Representative will be allowed without the Agency's approval. In the event of a change in Contractor's Representative without prior approval, Agency reserves the right to suspend work, at the Contractor's cost, until a qualified Contractor's Representative is approved for the Project.
7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others.
The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all utility companies
during the mark-out and locating of their lines or during their relocation or construction if necessary. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the
Contractor for any such delay.
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7-7.2 Site Access. The project sites are located within a secured CMWD property. At the start of project, the Contractor shall provide and ‘daisy chain’ their own lock on the lock chain and
remove upon demobilizing from the site. 7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and
free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of
keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable
after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup
and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work
shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of
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governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and
sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps.
Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping,
wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to
protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required
to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB)
Order Number R9-2013-0001, National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region, and amendments thereto, and with all requirements of the Storm Water Pollution Prevention Plan for this project in accordance with these regulations. The Contractor shall be responsible for the preparation and implementation of the Storm Water Pollution Prevention Plan (SWPPP) for each site location. Templates are available at the City’s
website and following Link: Engineering Applications & Forms | Carlsbad, CA (carlsbadca.gov) SWPPPs are to be designed in accordance with the City of Carlsbad Engineering Standards Volume 4 SWPPP Manual and are subject to approval by the City.
7-8.6.1 Dewatering. Dewatering shall be performed by the Contractor when specifically required by the Plans or Specifications or specified in the bid schedule, and as necessary for
construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies.
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Permits necessary for the discharge of groundwater to land or the sanitary sewer system shall be obtained by the Contractor unless provided by the District. Water shall be treated prior to
disposal if so specified in the Special Provisions or required by a permit. The Contractor shall submit a Dewatering Plan and related supporting information detailing its
proposed plan and methodology of dewatering, treatment/pretreatment (when required for permit compliance) and disposal of accumulated water. The plan shall identify the following:
1. location, type and size of dewatering devices and related equipment, 2. size and type of materials composing the collection system, 3. size and type of equipment to be used to retain and, if required, treat accumulated water, 4. the proposed disposal locations, and 5. any other information required by the jurisdictional agency.
If the proposed disposal location is a sanitary sewer, the Contractor shall comply with the Special Use Discharge Permit from the Encina Wastewater Authority. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the Agency, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required. All costs for dewatering including sample collection, testing, permit application fees and installation, testing and operation of the dewatering system shall be made at the contract price specified in the bid schedule for Dewatering. If no such bid item is listed, payment shall be considered included in the bid item of work requiring dewatering and no separate or additional
payment shall be made therefor. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work
areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary.
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. Generators shall be sound attenuated to 70 dBa at 23-feet. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and
shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5.
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Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced
in as nearly the original condition and location as is reasonably possible. Lawns shall be restored with sod and unpaved areas covered with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the
Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-9.1 Preconstruction Survey. The Contractor shall perform a preconstruction survey of the
project site to provide a record of preconstruction conditions. This survey shall include the following as a minimum: 1. Video of existing public right-of-way or easements, proposed alignment, utility mark-outs, working areas, staging and storage areas. Conduct the survey after construction staking has been completed. 2. Video of construction access roads to be used by the Contractor, including all public and private streets used for access to and from the work site. Indicate areas of damaged paving. 3. Any other areas as directed by the Owner which may be disturbed or which are to be protected from the Contractor’s operations.
4. Photographs and video of potential “problem areas” and private property adjacent to the Work. 5. Notify the Owner seven calendar days in advance and coordinate the scheduling of the
video so that a representative of the Owner may accompany the Contractor during the videotaping. 6. At the completion of the survey, the Contractor shall present the Owner with a report
detailing the existing conditions at each proposed pipeline site, staging, and stockpile areas. The report shall include the following as a minimum: a. One copy of the video in color in digital format. b. One digital photograph of each “potential problem area”. c. Written summary of “potential problem areas” and the Contractor’s recommendations to address these areas. 7. Documentation (including report) of existing conditions shall be completed within 15 days of the Notice to Proceed. The Contractor will not be allowed to begin potholing,
excavation or dewatering activities until the final report has been submitted and accepted by the Owner. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.
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In areas where site access is restricted, the Contractor is responsible for coordinating site access. All communications shall be made through the City inspector unless otherwise
approved. No excavation or vehicle access will be allowed to occur outside of the easement, outside of the
right-of-way, or in vegetated or landscaped areas unless otherwise shown on the Plans or as approved by the Engineer.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; public transportation stops and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Pedestrian crossings of the Work at intervals not exceeding 300 feet (90 m) shall be provided and maintained unless otherwise approved by the
Engineer. The Contractor shall refer to and comply with the requirements of Section 302-15 and Part 6 of the Supplemental Provisions. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways after unloading. Construction equipment shall not be stored at the Work site before its actual use on the Work or after it is no longer needed. All materials or equipment not installed or used in construction on any given day shall be stored elsewhere by the Contractor at its expense unless otherwise approved by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench on the same day, shall not be stored in public streets. After placing backfill, all excess material shall be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide
barriers, guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following:
1. The Engineer ................................................................................... 442-339-2766 2. Carlsbad Fire Department Dispatch ................................................. 760-931-2197 3. Carlsbad Police Department Dispatch ............................................. 760-931-8500 4. Carlsbad Traffic Signals Maintenance (ext 2937) ............................. 760-438-2980 5. Carlsbad Traffic Signals Operations................................................. 442-339-2752
6. North County Transit District ............................................................ 760-967-2828 7. Republic Services ............................................................................ 760-332-6464
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 2) through, and including, 7) above.
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The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops.
The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit,
with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required.
All costs involved shall be included in the Bid. Temporary traffic controls shall be in accordance with the Plans, the TCP, the California Manual on Uniform Traffic Control Devices (MUTCD), current edition, and the Contract Documents. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All temporary traffic control devices shall conform to Caltrans Standard Specification 12-3. Warning and advisory signs, lights and devices shall be furnished, installed and maintained by the Contractor and shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions.
All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only
during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours.
Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree
with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’) nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment, the distance shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these Contract Documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer
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may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
During the entire construction, a minimum of one, 12-foot wide paved traffic lane shall be open for use by public traffic in each direction of travel.
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans,
California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic striping operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its
plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be
furnished, placed, maintained and removed in accordance with the minimum standards specified in the latest California Manual on Uniform Traffic Control Devices (CAMUTCD) published by Caltrans. Whenever the work causes obliteration of pavement delineation,
temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a
new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.
7-10.3.6 Preparation of Traffic Control Plans. The Contractor shall submit traffic control plans (TCPs) as a part of the Work for all construction activities that are located within the traveled
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way. TCPs shall be prepared by a professional engineer registered in the State of California and regularly engaged in the preparation of traffic control plans. Design of TCPs for construction
shall meet the requirements of the City and the California Manual on Uniform Traffic Control Devices as published by Caltrans. Submittal and review requirements for TCPs shall conform to Section 2-5.3 Shop Drawings and Submittals.
The Contractor must obtain the Engineer’s approval prior to implementing TCPs. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain
to each submittal of TCPs. New or revised TCP submittals shall include all TCPs needed for the entire duration of the Work. Each TCP phase shall be prepared in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation, vertical curves must also be shown. The Engineer shall be the sole judge of the suitability and
quality of any such TCPs. 7-10.3.7 Payment. The contract price paid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for performing all work involved to implement the traffic control system, complete in-place, including, but not limited to, preparing and revising TCPs, flag persons, installing temporary or permanent traffic control devices such as barriers, delineators, lighting, signage, portable changeable message signs, striping, pavement markers and markings in accordance with the Contract Documents and as directed by the Engineer. Progress payments for Traffic Control will be based on the percentage of the improvement work necessitating traffic control and completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts
of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the
Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations.
The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
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7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as
described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used.
Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing,
administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space
5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration
8. Personal protective equipment 9. Rescue plan provisions
The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The
Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is
required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all
necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being
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performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and
public and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-10.4.6 Flood Lighting. 7-10.4.6.1 General. When work is being performed during hours of darkness, as defined in
Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used to illuminate the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting shall provide visibility for a distance of 1/2 mile (800 m). Flood lights shall not shine directly into the view of oncoming traffic. 7-10.4.6.2 Payment. No separate or additional payment will be made for flood lighting. Payment
shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.7 Security and Protective Devices. 7-10.4.7.1 General. Security and protective devices shall consist of fencing, steel plates, or other devices as specified in the Special Provisions to protect open excavations. 7-10.4.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security fencing shall conform to 304-5. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the Contractor shall
provide equivalent security. 7-10.4.7.3 Payment. No separate or additional payment will be made for security fencing or
protective devices. Payment shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items. 7-10.4.8 Steel Plate Covers. 7-10.4.8.1 General. The Contractor shall provide, install, and maintain steel plate covers as necessary to protect from accidental entry into openings, trenches, and excavations. Plates shall provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from being endangered due to plate movement causing separations or gaps. The Contractor shall submit the design in accordance with Section 2-5.3 which shall include the following criteria:
1. The approval of steel plate bridging shall be at the sole discretion of the Engineer. 2. Steel plate bridging shall be designed to support HS20-44 truck loading per Caltrans Bridge Design Specifications Manual. 3. Surfaces exposed to pedestrian or vehicular traffic shall be non-skid. The Contractor shall maintain a non-skid surface on the steel plate having a minimum coefficient of
friction equivalent to 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from each Caltrans District Materials Engineer to correlate skid
resistance results to California Test Method 342.
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4. The Contractor shall install signage with a 2-inch (51 mm) minimum letter height indicating the steel plate cover load limit, the Company’s name, and a 24-hour
emergency contact phone number. The 5. Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging.
6. The Contractor is responsible for the maintenance of the plates and asphalt concrete ramps or other devices used to secure the plates and shoring of the trench to support all loads.
7. Contractor shall immediately mobilize necessary personnel and equipment to repair plate movements, separation, noise, anchors, asphalt ramps or any other deficiency. Failure to respond within 2 hours after being notified by the Engineer shall be grounds for the City to perform necessary repairs at the expense of the Contractor. 8. When plates are removed, the pavement surface shall be repaired to the satisfaction of the Engineer.
9. For trench widths exceeding those in Table 7-10.4.8.2, a structural design shall be prepared by a California registered civil or structural engineer regularly engaged in the design of shoring systems. 7-10.4.8.2 Thickness. Steel plate covers shall conform to Table 7-10.4.8.2. TABLE 7-10.4.8.2
Trench Width Steel Plate Cover Thickness
Less than 10" 1/2" (12.5 mm) 10" (250 mm) to 1'-11" (580 mm) 3/4" (19 mm)
2' (600 mm) to 2'-7" (790 mm) 7/8" (22 mm) 2'-8" (820 mm) to 3'-5" (1040 mm) 1" (25 mm) 3'-6" (1070 mm) to 5'-3" (1600 mm) 1-1/4" (32 mm) More than 5'-3" (1600 mm) See Note 1 Notes: The Contractor shall submit a Working Drawing and calculations based on AASHTO H20-44 bridge loading. 7-10.4.8.3 Installation. Steel plate covers shall extend a minimum of 2 feet (600 mm) beyond trench edges. Unless otherwise specified in the Special Provisions or approved by the Engineer for the site conditions prior to use, steel plate covers shall be installed using Method 1. Method
2 shall not be used in a traveled lane. Method 1. The pavement shall be cold milled to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface to support the plate with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 1 inch (25 mm) and shall be filled with elastomeric sealant material which may, at the Contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the
requirements of Tables 203-5.2(B) and 203-5.3(A). Method 2. The approach plate and ending plate (in longitudinal placement) shall be attached to the surface by a minimum of 2 dowels, ¾” diameter (19 mm), drilled at the corners of the plate and drilled 6 inches (150 mm) into the pavement. Subsequent plates may be butted next to each other. Temporary asphalt concrete (D2-SC 800) shall be used to construct
tapers from the steel plate surface to the existing surface at a 12-inch (300 mm) run for each 1 inch (25 mm) thickness of steel plate. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material.
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Advance traffic warning signs shall be installed as specified in the Special Provisions or shown on the TCP.
7-10.4.8.4 Payment. Steel plate bridging materials including, but not limited to steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding,
signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be considered as incidental to the work. No
separate or additional payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for
infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect
those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation
and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to
Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties.”
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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field Facilities for Agency personnel are not required.
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SECTION 9 – MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all
areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on
basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full
compensation for the items of work and all work appurtenant thereto. The Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed
schedule in triplicate, to be used as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a
reasonable apportionment of the lump sum. 9-3 PAYMENT. 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under
the Contract. This includes rejected material not unloaded from vehicles, material rejected after
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it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material.
Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was
awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the
cost thereof shall be charged against the Contractor and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent violation of any law, injury, death, or property damage, and precautions which are the Contractor’s responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the
Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or
otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10.
Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion.”
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly
executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such
request when it is compatible with the Agency’s payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar
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days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s
information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment
request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not
proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. The Agency will withhold not less than 5 percent of the total Contract amount until acceptance of the performance of the Contract. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the
Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by
the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.
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The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits
of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and
details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written
statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including
Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate.
9-3.4 Mobilization. When a bid item is included in the Proposal form for Mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and Preparatory Work
will be made at the Contract price and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be
performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate bid items. Such activities shall include, but are not limited to, coordination with Agency forces, securing permits,
preconstruction survey (video and photographs), surveying and staking, securing construction water supply, providing power necessary for construction, providing all temporary construction fencing; installing, maintaining and removing project signs; Preparing, implementing and
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maintaining a Storm Water Pollution Plan (SWPPP) and associated BMPs; providing on-site sanitary facilities; posting OSHA requirements and establishing safety programs, demobilization
and any other work or services not included in any other bid item. Mobilization also includes the cost to fulfill all responsibilities of the Contractor defined in Section 7 and for maintaining and submitting the project record drawings at the end of the project. These record drawings must be
reviewed monthly with the Agency to receive progress or final payments for any work. The Contractor hereby agrees that the price paid is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional
compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), payment will be made at forty percent (40%) of the amount bid for Mobilization and Preparatory Work. For the
second progress payment, payment will be made at fifty percent (50%) of the amount bid for Mobilization and Preparatory Work. The remaining 10% of the amount bid for Mobilization and Preparatory Work will be made when all punch list items are signed-off and completed to the satisfaction of the City Inspector, and the Contractor has completely demobilized from the project site(s). 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is
responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense.
The Contractor’s bid price for each bid item shall include all permanent and temporary entry systems, structural support systems, safety systems, testing, air and storm water management BMPs, obtaining permits, and effective coordination with inspection and construction
management teams to deliver a completed, fitted and fully functional finished product I accordance with the specifications and industry standards of practice. Mobilization The contract lump sum paid for this bid item shall constitute full compensation to provide mobilization, preparatory work and demobilization work in accordance with Section 9-3.4. The Contractor’s bid price for Mobilization shall not exceed 10% of the base bid for the respective Bid Schedule requiring the mobilization.
Remove steel anchor point and replace with welded steel D-Ring tie off bracket The contract unit price paid for this bid item shall constitute full compensation to remove and dispose existing welded steel anchor points on the roof of the facility; grinding area to a flush smooth finish; and furnishing and installing a new heavy duty weld-on steel D-Ring anchor point for tool, equipment and personnel tie off. Anchor points shall have a minimum 12-inch x 12-inch
welded 1/4’’ steel gusset plate with minimum 1-inch ring diameter hardened and coated steel hardware.
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Remove and dispose interior steel ladder and support beams The contract lump sum paid for this bid item shall constitute full compensation to remove and
dispose the existing interior steel ladder within each tank and the associated support beams. The existing welds supporting the ladder shall be ground to a smooth finish with the tank’s interior wall.
Furnish and install guard rail extension The contract lump sum cost paid for this bid item shall constitute full compensation to furnish
and install roof guard railing to extend the railing extents 10-feet at both Elm and Skyline Tanks to achieve compliance with AWWA D-100. The railing shall be typical to the detail provided in Appendix D and match the existing railing type and color at each tank. Proposed Railing shall be installed where noted on the tank photos in Appendix B and connected to the existing adjacent rail and field welded to the tank roof. Remove existing 2-inch diameter outlet port and replace with new 2-inch diameter 3000# full coupling type 316SS The contract unit price for this item shall constitute full compensation to furnish all labor, equipment and materials to remove and dispose 2-inch diameter outlet shell penetration piping; furnish and install new 2-inch diameter 3000# full coupling Type 316 Stainless steel; terminate coupling with dielectric bushing per the detail provided in Appendix D; and temporarily remove and reconnect existing ball valve and associated sample port. Furnish and install 12-inch diameter 45-degree angle bend fitting on tank interior inlet The contract lump sum paid for this bid item shall constitute full compensation to furnish and install a 12-Inch diameter 45-degree angle bend fitting on the inlet piping of the tank interior.
The steel angle bend shall be ¼-inch thick, and field welded to the inlet piping per the detail provided in Appendix D. Orientation of bend placement shall be determined by the engineer at the time of installation.
Exterior lead-based paint identification, handling and disposal The contract lump sum paid for this bid item shall constitute full compensation to provide all
labor, material, tools and equipment necessary to provide lead-based paint sampling, identification, permitting, handling, and abatement for the tank’s exterior coating system in accordance with Technical Specification Sections 028319 and 028333. The exterior base coat of each tank has tested positive for hazardous levels of lead and chromium as detailed in the contract appendix and technical specifications. Remove existing exterior coating per SSPC-SP10 near white blast cleaning The contract lump sum paid for this bid item shall constitute full compensation to provide all
labor, material, tools and equipment to remove and dispose of the existing coating system of the tank’s exterior with near white blast cleaning per the Society for Protective Coatings (SSPC-SP) 10 / NACE No. 2. The price paid shall include, but not be limited to, preparation of containment and ventilation plans by a California certified industrial hygienist; preparation of a health and safety plan; applicable local or State air pollution control permits and payment of fees; air quality monitoring and testing for compliance with permits; design, fabrication and installation of a
containment system for abrasive blasting and coating operations; design and implementation of a dehumidification and ventilation plan; removing, protecting, and reinstalling appurtenances not scheduled for coating, such as, electrical conduit, water level indicator system, and signage;
abrasive blasting the tank’s exterior surfaces including roof, walls, and all associated appurtenances previously coated including, but not limited to, roof hatches, vent covers, ladder and fall protection cage, hand railing, manways, and outlet piping; handling and disposal of
Revised 6/15/17 Contract No. 5024-3A Page 116 of 117
spent abrasive, washdown and hazardous materials; and all services necessary to remove the exterior interior coating system in full.
Remove existing interior coating per SSPC-SP10 near white blast cleaning The contract lump sum paid for this bid item shall constitute full compensation to provide all
labor, material, tools and equipment to remove and dispose of the existing coating system of the tank’s interior with near white blast cleaning per the Society for Protective Coatings (SSPC) SP-10 / NACE No. 2. The price paid shall include, but not be limited to preparation of containment
and ventilation plans by a California certified industrial hygienist; preparation of a health and safety plan; applicable local or State air pollution control permits and payment of fees; air quality monitoring and testing for compliance with permits; design, fabrication and installation of a containment system for abrasive blasting and coating operations; design and implementation of a dehumidification and ventilation plan; abrasive blasting all interior exposed surfaces within the tank including, but not limited to, the tank’s roof, floor, walls, rafters (including void space
between rafter and roof), girders, rafters, beams, columns, access manways, and interior piping; handling and disposal of spent abrasive and washdown materials; and all services necessary to remove the existing interior coating system in full. Furnish and install exterior coating system The contract lump sum paid for this bid item shall constitute full compensation to provide all labor, material, tools and equipment for the surface preparation and installation of an outside coating system (OCS) on all exterior surfaces previously blast cleaned. All work shall be completed in accordance with Technical Specification 099713. The price paid shall include, but not be limited to preparation of containment and ventilation plans by a California certified industrial hygienist; preparation of a health and safety plan; applicable local or State air pollution
control permits and payment of fees; air quality monitoring and testing for compliance with permits; design, fabrication and installation of a containment system for abrasive blasting and coating operations; design and implementation of a dehumidification and ventilation plan; field
surface preparation of welded steel tank and appurtenances; application, curing, and coordination with District for testing and inspection of interior and exterior tank coating systems; post coat tank cleaning; and all incidental work or services required to coat the tank exterior and
return the facility back to service. Rafter Grinding The contract unit price paid for this bid item shall constitute full compensation for furnishing all labor, materials, and equipment to grind corroded areas with sharp or delaminated edges, as determined by the engineer, to a smooth finish and prepared for interior coating. Photos of the existing interior condition are provided in Appendix B. The contract unit price shall be paid by crew hour. The contractor’s bid rate shall reflect two personnel per crew hour. Time will be
tracked and compensated by the engineer per Section 3-3. Furnish and install interior coating system The contract lump sum paid for this bid item shall constitute full compensation to provide all labor, material, tools and equipment for the installation of an inside coating system (ICS) to all interior surfaces previously blast cleaned. All work shall be completed in accordance with
Technical Specification 099713. The price paid shall include, but not be limited to preparation of containment and ventilation plans by a California certified industrial hygienist; preparation of a health and safety plan; applicable local or State air pollution control permits and payment of
fees; air quality monitoring and testing for compliance with permits; design, fabrication and installation of a containment system for abrasive blasting and coating operations; design and implementation of a dehumidification and ventilation plan; field surface preparation of welded
Revised 6/15/17 Contract No. 5024-3A Page 117 of 117
steel tank and appurtenances; application, curing, and coordination with District for testing and inspection of interior and exterior tank coating systems; tank cleaning; disinfection in
accordance Method 2 of AWWA D102-24; bacteria and VOC testing; and all incidental work or services required to coat the tank interior and return the facility back to service. Replace roof vent screens The contract lump sum paid for this bid item shall constitute full compensation to remove existing roof vent screens and for furnishing and installing new vent screens in-kind. Screening
shall consist of a #20-mesh stainless steel interior screen and #2-mesh stainless steel exterior screen. All clamps and interior frames shall be replaced in-kind. Screen size, type and quantity for each tank are detailed in Appendix A. Remove and replace exterior chime lap caulking and backer rod in-kind The contract lump sum paid for this bid item shall constitute full compensation to remove the
existing caulking and backer-rod between the exterior bottom plate extension and the concrete wall ring wall interface (chime); routing, cleaning and removing debris from the joint; and furnishing and installing new flexible sealant caulking and backer rod around the entire exterior perimeter of the tank.
TECHNICAL SPECIFICATIONS
SECTION 003119 EXISTING CONDITION INFORMATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 003119-1
PART 1 GENERAL 1.1 DESCRIPTION
A. General Information on the steel tank reservoirs scheduled for work:
Existing Reservoirs
Description Elm Skyline
Year Built 1972 1972
Shell Height (ft) 22.5 22.5
Diameter (ft) 106 106
Volume (MG) 1.5 1.5
Existing Interior Coating, year Epoxy ICS#5, 2013 Epoxy ICS#5, 2013
Existing Interior DFT (mil) 20 20
Existing Exterior Coating, year
Aklyd Overcoat, 1996
Epoxy/Hydrophobic Acrylic
Overcoat, 2013
Aklyd Overcoat, 1995
Epoxy/Hydrophobic Acrylic
Overcoat, 2013
Existing Exterior DFT (mil) 20 20
Exterior Lead Base Coat (PPM) 1,890 66
Exterior Chromium Base Coat
(PPM) 351 783
Exterior Color Tnemec AH22 Buffalo Brown Tnemec AH22 Buffalo Brown
Shell Manway 30-inch Primary
24-inch Secondary
30-inch Primary
24-inch Secondary
Roof Access Hatch 36x36-inch 36x36-inch
Roof Center Vent 36-inch aluminum cone head 36-inch aluminum cone head
Roof Secondary Vent - -
Roof Auxiliary Vents - -
B. Reservoir Accessibility
a. Elm Tank is located adjacent to 3151 Donna Drive in the city of Carlsbad. Access
to the facility is provided by a paved driveway from Donna Drive. The site is enclosed with fencing and a security gate. b. Skyline Tank is located adjacent to 4275 Skyline Road in the city of Carlsbad. Access to the facility is provided by a paved driveway from Skyline Road. The site is enclosed with fencing and a security gate.
PART 2 MATERIALS – NOT USED
SECTION 003119 EXISTING CONDITION INFORMATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 003119-2
PART 3 EXECUTION
3.1 FACILITY SHUTDOWN A. The work shall be completed at the Elm and Skyline tanks in consecutive order with only one tank taken out of service at any given time. All work shall be completed at Elm tank with the reservoir returned to service prior to progressing to Skyline tank. B. The Contractor shall submit an E-28 form, attached in the contract, to formally
schedule the shutdown of the reservoir. The form shall be submitted to the District representative a minimum of two weeks in advance of the requested shutdown date. District personnel will conduct the shutdown and dewater the facility.
3.2 USE OF FACILITY A. The Contractor may mobilize to the site upon facility shutdown. The facility’s premise may be used for staging by the Contractor. Access to the tank, valving, sampling stations and other appurtenances must be provided to District staff upon request. B. The Contractor is responsible for all site security upon mobilization and shall provide a gate lock to daisy chain into the existing lock series. C. The Contractor shall provide all electrical power required to complete the work without connection to Carlsbad onsite power. Generators shall be sound attenuated to 70dBa at 23-feet. D. A District water source can be made available through the nearest fire hydrant to the site. If a District water source is requested, the Contractor shall obtain a construction
water meter permit through the city’s engineering front counter or online permit portal and pay all permit and metered fees. E. Temporary mobile sanitation facilities shall be furnished and maintained by the Contractor. The Contractor shall keep the work area in a clean condition and shall not permit construction materials or debris to accumulate as to constitute a nuisance or hazard to the prosecution of the work or the operation of the existing facilities.
3.3 FACILITY START-UP A. The Contractor shall provide written notice to the District requesting the facility to return to service upon completion of all improvements scheduled for the site and successful water quality testing, as specified elsewhere in the Technical Specifications. B. Within two weeks of the Contractor’s written notice, District personnel will conduct a preliminary site walk to verify the facility can safely be returned to service and to ensure
all improvements are complete. C. District personnel will then return the facility to service. The Contractor shall demobilize from the facility and mobilize to the next facility upon successful filling and operation of the tank. END OF SECTION
SECTION 028319 LEAD BASED PAINT REMEDIATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028319-1
PART 1 GENERAL 1.1 DESCRIPTION
A. The work in this Section includes Identification, handling, testing and disposal of lead
based paint in the exterior coating of the steel reservoirs.
1.2 REFERENCE SPECIFICATIONS AND STANDARDS
A. ASTM D 16 - Terminology Relating to Paint, Varnish, Lacquer, and Related Products.
B. Environmental Protection Agency (EPA) Regulation 40 CFR 261
C. Occupational Safety and Health Administration Standard 1926.62, Safety and Health
Regulations for Construction – Lead
D. Environmental Protection Agency Code of Federal Regulation Title 40 Part 261,
Identification and Listing of Hazardous Waste
E. Code of California Regulations, Title 8, Section 1532.1. Lead
F. California Labor Code Section 6717. Lead-related construction work.
1.3 RELATED WORK SPECIFIED ELSEWHERE
A. Section 003119 Existing Condition Information
B. Section 028333 Lead Based Paint Remediation
C. Section 099713 Steel Water Storage Tank Painting
1.4 QUALIFICATIONS
A. Society for Protective Coatings (SSPC) Qualification Procedure (QP)
a. QP-1 Field application to complex industrial and marine structures
b. QP-2 Field Removal of Hazardous Coatings
B. California Department of Public Health (CDPH) Lead Related Construction (LRC)
supervisor, sampling, project monitoring and worker certifications.
C. Environmental Protection Agency Lead Based Paint Abatement Program – Inspector
Certification
SECTION 028319 LEAD BASED PAINT REMEDIATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028319-2
D. California Department of Toxic Substances Control certified laboratory to perform toxic
characteristic leaching procedure for lead
1.5 DEFINITIONS
A. Definitions of Painting Terms: ASTM D16, unless otherwise specified
B. Hazardous Waste: Hazardous substances as defined in EPA Regulation 40 CFR 261 and
as defined by applicable state and local regulations
1.6 SUBMITTALS
A. Comply with requirements of Section 2-5.3 – Submittals of the General Provisions.
B. Firm and individual certifications of all personnel staffed for project and description of their
assignments (sampling, monitoring, abatement worker, etc..). All qualifications specified in
this section shall be provided by the contractor.
C. Laboratory: Submit the name, address, telephone number and certification of the testing
laboratory. The laboratory shall be accredited by the State of California Department of
Toxic Substance Control (DTSC) to perform Toxic Characteristic Leaching Procedure
(TCLP) for lea.
PART 2 MATERIALS – NOT USED PART 3 EXECUTION 3.1 SAFTEY MEASURES
A. Perform all work in accordance with local building codes, Federal Industrial Safety Orders,
and requirements of Cal/OSHA. Personnel working on or in direct vicinity of removing or
handling lead based paint shall wear protective outerwear, eyewear and respirators in
accordance with Cal/OSHA Title 8, Section 5144.
B. Provide safeguards to public and personnel safety including warning signs, fences, lights
and other similar items that are necessary for the protection of all personnel during the
sampling, removal and handling of lead-based paint.
3.2 ENVIRONMENTAL PROTECTION
A. Comply with all provisions of federal, state, and local statutes, ordinances and regulations
concerning environmental pollution and the preservation of natural resources.
SECTION 028319 LEAD BASED PAINT REMEDIATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028319-3
3.3 SAMPLING PROCEDURES
A. The Contractor shall provide the initial notice of sampling in their baseline schedule, 3-
week look ahead schedule and confirm testing activities to the District at least 48 hours
prior to sampling.
B. Personnel assigned to sampling shall carry the qualifications listed in this section. Proof
of certification shall be submitted to the District prior to sampling.
C. Four samples of the lead paint/abrasive blasting waste material shall be taken from each
tank while in the presence of the District’s representative. Samples shall be taken at the
following locations:
a. Exterior roof
b. Exterior tank side
c. Interior roof
d. Interior tank side
D. Samples shall be collected with clean plastic scoops and placed in precleaned 5 oz.
glass bottles. Logs describing sampling activities shall be prepared and labels shall be
attached to each sample bottle and shall include as a minimum the Subcontractor's
name, date, time, location, and personnel taking the sample.
E. Field sample Chain-of-Custody records shall be maintained during the sampling. All
collected samples shall be delivered to a certified laboratory for testing under Chain-of-
Custody protocols.
3.4 TESTING METHODS
A. The Subcontractor shall test the abrasive blasting waste material for metals using the test
method described in 40 CFR 261.24. Testing for metals shall be accomplished by a DTSC
certified laboratory.
3.5 RESULTS
A. Submit the metal test results for the abrasive blasting waste material. If the metal content
of the material is at a concentration lower than the allowable concentration as defined by
DTSC, the material shall be considered nonhazardous and shall be disposed of
accordingly. If the metal content of the material is at a concentration equal to or greater
than the respective value as defined by DTSC the waste shall be considered hazardous.
B. The Contractor shall submit three copies of the laboratory results for all lead tests. C. The entirety of the tank’s exterior coating will be considered hazardous if either of the two exterior sample points exceed hazardous levels of lead or chromium. D. The entirety of the tank’s interior coating will be considered hazardous if either of the two interior sample points exceed hazardous levels of lead or chromium.
SECTION 028319 LEAD BASED PAINT REMEDIATION
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028319-4
3.6 HAZARDOUS WASTE DISPOSAL
A. Obtain a hazardous waste generator permit if the waste is determined to be hazardous.
B. Handle, transport, and dispose of the hazard waste in accordance with all applicable
federal, state and local regulations
C. Contractor shall be responsible for all necessary permits, fees and disposal costs.
END OF SECTION
SECTION 028333 LEAD BASED PAINT REMOVAL AND DISPOSAL
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028333-1
PART 1 GENERAL 1.1 DESCRIPTION
A. The work in this section regards the removal of lead-based paint from steel reservoirs.
The exterior base coat for Elm and Skyline steel reservoirs have previously tested for
hazardous levels of lead and chromium. The contractor shall assume in their bid that the
exterior coating for Elm and Skyline tanks contain hazardous material. Lead-based paint
removal and abatement for the exterior coatings shall be in accordance with this section
and all applicable federal and state requirements.
1.2 REFERENCES
A. Occupational Safety and Health Administration Standard 1926.62, Safety and Health
Regulations for Construction – Lead
B. Environmental Protection Agency Code of Federal Regulation Title 40 Part 261,
Identification and Listing of Hazardous Waste
C. Code of California Regulations, Title 8, Section 1532.1. Lead
D. California Labor Code Section 6717. Lead-related construction work.
E. ASTM D 4285 - Standard Test Method for Indicating Oil or Water in Compressed Air.
F. EPA Test Method 1311 – Toxicity Characteristic Leaching Procedure
G. Society for Protective Coatings (SSPC) Surface Preparation (SP) 10, Near-White Blast
Cleaning
1.3 RELATED WORK SPECIFIED ELSEWHERE
A. Section 003119 Existing Condition Information
B. Section 028319 Lead Based Paint Remediation
C. Section 099713 Coating of Welded Steel Water Storage Tank
1.4 QUALIFICATIONS
A. Society for Protective Coatings (SSPC) Qualification Procedure (QP)
a. QP-1 Field application to complex industrial and marine structures
b. QP-2 Field Removal of Hazardous Coatings
B. California Department of Public Health (CDPH) Lead Related Construction (LRC)
supervisor, sampling, project monitoring and worker certifications.
SECTION 028333 LEAD BASED PAINT REMOVAL AND DISPOSAL
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028333-2
C. Environmental Protection Agency Lead Based Paint Abatement Program – supervisor,
project designer, abatement worker certification.
1.5 DEFINITIONS
A. Definitions of Painting Terms: ASTM D16, unless otherwise specified
B. Hazardous Waste: Hazardous substances as defined in EPA Regulation 40 CFR 261 and
as defined by applicable state and local regulations
C. Self-Contained Closed Circuit Blast Cleaning Equipment: Specially designed blast
cleaning equipment shall be utilized, using either direct pressure or suction method.
Abrasive media and blast air shall be completely contained within the housings known as
self-contained units, which are held in direct contact with the work piece. Spent abrasive
and compressed air is returned to collection and dust control unit by HEPA filtered
enclosed vacuum lines eliminating discharge of any coating, dust or particles into the
environment.
1.6 SUBMITTALS
A. Prior to removing any coated surface, submit the results of the lead analysis for samples
taken from the steel reservoir in accordance with Section 028319.
B. Lead based abatement plan including the following information:
a. Plan preparer name, contract information and proof of CDPH certified designer
certification.
b. Name, contact information and certifications of the California Department of Public
Health Lead Related Construction Certified lead supervisor or project monitor.
c. Proof of certification for all abatement workers staffed for project.
d. Applicable permits obtained for project. All fees are the responsibility of the
contractor and shall be included in the bid price.
e. Description of proposed lead-based paint removal method and equipment to be
used.
f. Safety equipment and measures, including personnel safety gear, temporary
enclosures, warning signs, fences, etc. to be used at the site.
g. Packaging materials to be used for safe storage and transportation of removed
lead-based paint.
h. Proposed lead-based paint disposal locations.
C. Manifest log of hazardous material disposal.
1.7 ENVIRONMENTAL PROTECTION
A. Comply with all provisions of Federal, State, and local statutes, ordinances and
regulations concerning environmental pollution and the preservation of natural resources.
SECTION 028333 LEAD BASED PAINT REMOVAL AND DISPOSAL
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028333-3
PART 2 MATERIALS 2.1 ABRASIVE
A. Abrasive For Blasting: Provide sharp, salt-free abrasive material, free from feldspar and
other constituents that tend to breakdown and remain on the surface. Less than one
percent (by mass) of the abrasive shall pass through a No. 200 sieve. Abrasive shall not
contain magnetic materials. The blast cleaning abrasive shall be dry and free of oil,
grease, and other harmful materials at the time of use. Contractor shall provide a
certificate of cleanliness and compliance from the abrasive manufacturer for the abrasive
material being utilized.
B. Recycled Abrasive: The existing exterior coating contains lead, therefore, the abrasive
shall not be recycled to avoid contamination and exposure of surrounding areas and
personnel.
2.2 COMPRESSED AIR
A. Clean, dry, compressed air shall be used for all of the abrasive blasting methods
specified. Moisture separators, oil separators, traps or other equipment shall be provided
by the Subcontractor to achieve this requirement. Air cleanliness shall be verified as per
Standard Test Method for Indicating oil or Water In Compressed Air ASTM D 4285.
2.3 VACUUM FILTERS
A. Filters on vacuums shall be absolute (99.99% efficient) HEPA (High Efficiency
Particulate Air) filters and UL 586 labeled. Cleanliness and efficiency of HEPA filters shall
be maintained and monitored daily by the contractor to avoid any possible contamination
or exposure of lead contaminants to the environment and employees.
PART 3 EXECUTION 3.1 PAINT SAMPLING AND TESTING
A. Prior to starting work on the paint removal, paint samples shall be taken of the steel tank
in accordance with Section 028319.
B. Provide safeguards to public and personnel safety including warning signs, fences, lights
and other similar items that are necessary for the protection of all personnel during the
sampling, removal and handling of lead-based paint.
C. The Contractor shall have a State of California Department of Toxic Substance Control
(DTSC) certified lab conduct a Toxic Characteristic Leaching Procedure (TCLP) analysis
for lead on each sample in accordance with DTSC requirements. The Contractor shall
submit the labs’ certifications for District approval prior to sampling and testing.
SECTION 028333 LEAD BASED PAINT REMOVAL AND DISPOSAL
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028333-4
D. If the samples are considered hazardous, conduct the paint removal and handling
operations accordingly and segregate the blast waste from the lead and non-lead based
paint areas. Contractor shall avoid excess accumulation of wastes on site as determined
and directed by the District. A Certified Manifest shall be provided for the disposal of
blast waste.
3.2 SAFTEY
A. Safety is the sole responsibility of the Contractor.
B. Comply with all provisions of federal, state, and local statutes, ordinances and regulations
concerning environmental pollution and the preservation of natural resources.
C. Warning Signs and Labels: Provide warning signs at approaches to the lead control area.
Provide and affix labels to impermeable bags, waste drums, and other containers
containing lead materials, scrap, waste, or debris when required by regulations. Signs
and labels shall comply with applicable Local, State, and Federal requirements.
3.3 METHODS
A. Pre-Cleaning Methods: Prior to abrasive blast operations all interior and exterior surfaces
which will be abrasive blasted with oily or greasy surface contaminants shall be cleaned
in accordance with SSPC SP-1 Solvent Cleaning.
B. Required Method of Lead-Containing Paint Removal: Self Contained Closed Circuit Blast
Cleaning equipment is required for lead containing paint removal. Self Contained Closed
Circuit Blast Cleaning substantially decreases the dust/lead hazard and automatically
recovers the abrasive media and material being removed into self contained enclosed
disposal containers.
C. Abrasive Blasting Methods: Any of the following methods of surface preparation may be
used to achieve a Near-White Blast Cleaned surface per Society for Protective Coatings
Publication SSPC-SP10:
a. Dry abrasive blasting using compressed air, blast nozzles, and abrasive.
b. Dry abrasive blasting using a closed cycle, recirculating abrasive system with
compressed air, blast nozzle, and abrasive, with or without vacuum for dust and
abrasive recovery.
3.4 WORK PROCEDURES
A. Procedures for lead-containing paint abatement: Perform all work in accordance with
applicable State and Federal regulations governing such work.
SECTION 028333 LEAD BASED PAINT REMOVAL AND DISPOSAL
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 028333-5
B. Procedures Following Lead-Containing Paint Removal: All visible rust or other
deterioration that forms on the surface of the steel after blast cleaning shall be removed
by reblasting the rusted areas in accordance with SSPC-SP10 and inspection shall be
witnessed and verified by the District or it’s representative.
3.5 CLEANUP AND DISPOSAL
A. Cover the ground surface with Visqueen or other suitable impermeable material to
protect the soil from contamination with lead. Maintain the ground covering so that the
ground is covered at all times until the blasting is completed.
B. Cleanup: Maintain surfaces of the lead control area free of accumulations of abrasive blast material, paint chips, dust and debris. The Contractor shall conduct a daily inspection and
maintain cleanliness of job site in accordance with the District’s recommendations. Any accumulation or discrepancies identified shall be immediately addressed prior to proceeding with any production. Restrict the spread of dust and debris; keep waste from being distributed over the general area. Do not dry sweep the area. When the paint removal operation has been completed, the area shall be cleaned of all visible lead paint contamination by vacuuming with a HEPA filtered vacuum cleaner followed by wet mopping (of non soil surfaces) if vacuuming is not effective. Extra care shall be taken to cover and completely seal any and all storm drains to avoid contamination and accumulation from abrasive blast operations. Sumps and drain/supply pipes on the interior of the reservoir shall also be covered or protected as to avoid unwanted accumulation of abrasive in hard to reach or inaccessible areas. C. Dust and Loose Residues: Dust and residue shall be removed from prepared surfaces by
vacuum cleaning or wet mopping. Vacuum equipment shall be equipped with HEPA
filters.
D. Obtain a hazardous waste generator permit if the waste is determined to be hazardous.
E. Handle, transport, and dispose of the hazard waste in accordance with all applicable
federal, state and local regulations
F. Contractor shall be responsible for all necessary permits, fees and disposal costs.
G. Disposal of Paint, Dust and Abrasive Blast Material: Properly dispose of removed paint,
dust, and abrasive blast material to an authorized disposal site. Provide written manifest
of transfer to the District.
H. Disposal of Non-hazardous Materials: Remove debris, scraps, waste materials, rubbish
and trash not classified as a hazardous waste from the immediate work area and place in
double plastic bags, and legally removed from the site at the end of each day.
END OF SECTION
SECTION 099713 STEEL WATER STORAGE TANK COATING
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 099713-1
PART 1 – GENERAL
1.1 DESCRIPTION
A. This specification describes the requirements for surface preparation, application of protective coatings, curing, disinfection, water quality testing and the return of
steel water storage tanks back to service.
B. Tank coating materials and operations shall conform with AWWA D102 and as hereinafter specified.
C. Work to be accomplished includes surface preparation, application of protective linings and coatings to interior and exterior surfaces, coordination with District inspector for monitoring and inspection of all surface preparation and coatings,
testing of coatings, and all related work including handling of non-hazardous materials/wastes, installation of best management practices and environmental controls, and other work necessary to provide a complete coating system for the tank and all appurtenances, generally as follows:
1. Submit E-28 shutdown request form to District representative at least two weeks prior to the requested shutdown date. Elm and Skyline tanks shall be completed in consecutive order with only one tank taken out of service at a given time. The tank shall be returned to service prior to progressing to the next tank in series.
2. Remove and/or cover appurtenances not scheduled for coating. Such equipment includes, but is not limited to, water level indicator, signage, and
electrical conduit.
3. Complete scheduled removals (interior ladder, tie down rods) and install appurtenances (interior bend fitting, safety railing, test port replacement,
tie-down rods, etc.) scheduled for each tank.
4. Shim roof rafters to access void area between roof and rafter.
5. Test and abate lead based paint on tank exterior. Dispose of hazardous
wastes generated in conformance with all regulations.
6. Abrasively blast per SSPC – SP10 all interior and exterior areas scheduled for coating.
7. Grind and clean corroded/damaged rafters. Remove damaged sealants/caulking. Route and clean surface area.
8. Wash down areas scheduled for coating.
9. Apply primer to all interior surfaces previously blast cleaned and apply coating system.
SECTION 099713 STEEL WATER STORAGE TANK COATING
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 099713-2
10. Conduct holiday testing of coating system and repair. Remove rafter shims once complete.
11. Apply a flexible sealant to all circumferential shell/roof connections, roof plate lap seams, and other crevices/voids that inhibit the coating application.
12. Apply primer to all exterior surfaces previously blast cleaned and then apply coating system.
13. Cure applied coatings.
14. Replace roof vent screens. Reinstall previously removed appurtenances. Remove covers from appurtenances not scheduled for coating.
15. Wash down coated interior surfaces. Disinfect complete interior of potable
service tanks. Complete two rounds of Bac-T and VOC testing prior to returning tank to service.
16. Test, handle and dispose of any non-hazardous wastes generated from coating operations in conformance with all regulations.
1.2 REFERENCED SPECIFICATIONS AND STANDARDS
A. Except as otherwise indicated, the current editions of the following apply to the Work of this Section.
1. American Society for Testing and Materials (ASTM)
ASTM D3359, Standard Test Method for Measuring Adhesion by Tape.
ASTM D4138, Standard Test Method for Measurement of Dry Paint Thickness of Protective Coating Systems by Destructive Means
ASTM D4285, Standard Test Method for Indicating Oil or Water in Compressed Air
ASTM D4414, Standard Practice for Measurement of Wet Film Thickness
by Notch Gages
ASTM D4417, Standard Test Methods for Field Measurement of Surface Profile of Blast Cleaned Steel
ASTM D5402, Standard Test Methods for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs
ASTM D7091, Standard Practice for Nondestructive Measurement of Dry
Film Thickness of Nonmagnetic Coatings Applied to Ferrous Metals and Nonmagnetic, Nonconductive Coatings Applied to Non-Ferrous Metals
ASTM E337, Standard Test Method for Measuring Humidity with a
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Psychrometer
2. American Water Works Association (AWWA)
AWWA D102, AWWA Standard for Coating Steel Water Storage Tanks
AWWA C652, AWWA Standard for Disinfection of Water Storage Facilities
AWWA M42, AWWA Manual of Water Supply Practices, Steel Water
Storage Tanks
3. SSPC: Society for Protective Coatings (SSPC)
SSPC-SP 1, Solvent Cleaning
SSPC-SP 2, Hand Tool Cleaning
SSPC-SP 3, Power Tool Cleaning
SSPC-SP 6, Commercial Blast Cleaning
SSPC-SP 7, Brush-off Blast Cleaning
SSPC-SP 10, Near-White Blast Cleaning
SSPC-SP 11, Power Tool Cleaning to Bare Metal
SSPC-SP 15, Power Tool Cleaning to Commercial Grade Cleanliness
SSPC-PA 1, latest revision, for "Shop, Field and Maintenance Painting
SSPC-PA 2, Measurement of Dry Film Thickness with Magnetic Gages
SSPC-VIS 1, Visual Standard for Abrasive Blast Cleaned Steel
SSPC-VIS 3, Visual Standard for Hand and Power Tool Cleaned Steel
SSPC Publication No. 91-12, Coating and Lining Inspection Manual
SSPC-Visual Comparison Manual
SSPC Guide 6-2021 - Guide for Containing Surface Preparation Debris
Generated During Paint Removal Operations
SSPC Guide 12 - Guide for Illumination of Industrial Painting
SSPC's Publication 91-12, Testing Recirculated Abrasives
4. NACE International (NACE)
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NACE SP 0178, Standard Recommended Practice for fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks
and Vessels to be Lined for Immersion Service.
NACE SP 0188, Standard Recommended Practice for Discontinuity (Holiday) Testing of Protective Coatings
5. Painting and Decorating Contractors of America (PDCA)
PDCA P2-04, Third Party Inspections: Qualifications, Responsibilities and Procedures.
6. U.S. Code of Federal Regulations
29 CFR 1926.55, Gases, Vapors, Fumes, Dusts, and Mists
29 CFR 1926.57, Safety and Health Regulations for Construction, Subpart
D – Occupational Health and Environmental Controls (Ventilation)
7. California Code of Regulations
8CCR 5157, Permit Required Confined Spaces
8. National Sanitation Foundation (NSF)
NSF 61 Drinking Water System Components – Health Effects
NSF 600 Health Effects Solvent Criteria
1.3 SUBMITTALS
A. The following shall be submitted in accordance with the General Provisions:
1. Qualifications of the Contractor and key personnel and project references (to be submitted with the bid).
2. Qualifications of the Contractor’s coating inspector and Certified Industrial Hygienist.
3. Health and Safety Plan, including surface preparation and coating
operations.
4. Quality control plan for field coating operations and schedule of field coating activities.
5. Containment system for exterior abrasive blasting and coating operations.
6. Dehumidification and ventilation plan.
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7. Equipment to be used for the measurement of dry film thickness, surface anchor profile, holiday detection, temperature and dew point.
8. Manufacturer’s paint color charts.
9. Product data and material safety data sheets for coating systems including, but not limited to paints, thinners, solvents, rust inhibitors and/or cleaning
fluids.
10. Proof of certification of abrasive blast media from the California Air Resources Board list of Abrasive Blasting - Current Certified Abrasives.
11. Copy of regulatory agency permits that apply to the work of this Contract.
12. Product information for all appurtenances proposed for installation.
1.4 DEFINITIONS
Action Level: Employee exposure, without regard to the use of respirators, to an airborne concentration of a contaminant in milligrams per cubic meter (mg/m3) or micrograms per cubic meter of air (μg/m3) calculated as an eight-hour Time Weighted Average (TWA). Unless otherwise specified by regulation, the Action Level of a material will be equivalent to one-half of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Permissible Exposure Limit (PEL) for that substance.
Air Flow: In this guide, “air flow” refers to the rate or movement of air (i.e., foot per minute [ft/min]) in a given direction such as cross- or down-draft. Also referred to as “air velocity” or “air movement.”
Coating: Protective materials used or applied on interior or exterior surfaces, or any protective material in general.
Containment System: Cover panels, screens, tarps, scaffolds, supports and shrouds used to enclose an entire work area or a paint removal tool to minimize or prevent the debris generated during surface preparation from entering the environment, and to facilitate the
controlled collection of the debris for disposal. Containment systems may also employ the use of ground covers or water booms.
Emissions: Airborne plumes of material including abrasive media, paint chips and debris
as well as spills or leaks of water.
Engineering Controls: A device or system designed and implemented to restrict or abate occupational health and safety hazards at their source (e.g., ventilation to remove air
contaminants, acoustical enclosure of noisy equipment).
Exterior Surfaces: Exterior surfaces, excluding inaccessible areas, of the tank roof, shell, accessories and appurtenances that are exposed to the elemental atmosphere.
Hazardous and Toxic Substances: Substances defined by OSHA as chemicals present in the workplace that are capable of causing harm. The term “chemicals” includes dusts, mixtures, and common materials such as paints, fuels, and solvents.
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Impenetrable: Impervious to dust and wind.
Impermeable: Impervious to water.
Inaccessible Areas: Areas of the finished structure that, by virtue of the configuration of the completed structure, cannot be accessed to perform surface preparation or coating application (with or without the use of scaffolding, rigging, or staging). Inaccessible areas
include such areas as the contact surfaces of roof plate lap joints, underside of roof plates where they cross supporting members, contact surfaces of bolted connections, underside of column base plates, contact surfaces of mating parts not intended to be removed or disassembled during routine operation or maintenance of the tank, and underside of the tank bottom for ground-supported flat-bottom tanks.
Interior Surfaces: Surfaces of the tank or its appurtenances, accessories and
appurtenances, that are exposed to the stored water or its vapor. Examples are the surfaces of the roof, support columns, space between roof and rafter, shell and bottom within the tank.
Lining: Protective materials used or applied to interior surfaces.
Manufacturer: The party that manufactures, fabricates, or produces materials or products.
Negative Air Pressure: Air pressure inside a structure (e.g., containment) that is less than the air pressure outside the structure.
Paint: Protective materials used or applied on exterior surfaces.
Permissible Exposure Limit (PEL): PEL refers to employee exposure, without regard to the use of respirators, to an airborne concentration of a contaminant in micrograms per cubic meter of air (μg/m3) calculated as an eight-hour time-weighted average (TWA). A
formula is used to calculate the PEL if an employee is exposed to lead or any other contaminant for more than eight hours in any workday.
PM-10: Particulate matter (dust) less than 10 μm (0.39 mils) in aerodynamic equivalent
diameter. (Aerodynamic equivalent diameter is defined as the diameter of a unit density sphere having the same settling velocity as the particle in question, regardless of its shape and density.)
Potable water: Water that is safe and satisfactory for drinking and cooking.
Pot-life: The time period, after mixing the components together, that the coating remains usable with no decrease in the desired properties or performance.
Static Pressure: The pressure exerted by a liquid or gas, especially water or air, on a body at rest. As used herein, “static pressure” refers to the amount of pressure measured in inches of water when air moves through an object, such as duct work.
Stripe Coat: a coat of paint applied to specified areas such as edges or welds before or after a full coat is applied to the entire surface.
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Time Weighted Average (TWA): Concentrations of airborne toxic materials that have been weighted for a certain time duration, usually eight hours.
Ventilation System: A method of providing air movement across a work area by either natural or mechanical means. Ventilation systems include both natural ventilation and mechanical ventilation (fans, hoods, and duct work) to provide air movement across the
work area, and dust collectors to clean the discharged air.
1.5 QUALIFICATIONS
A. The Contractor shall be a licensed Painting and Decorating Contractor in the State of California (C-33 Classification) and have a minimum of five (5) years of experience and successful history in the surface preparation and application of coating systems to the interior and exterior surfaces of steel water storage tanks
of similar or larger size as the work of this Contract.
B. Proof of certification under SSPC QP Certification Program must be submitted with the Contractors bid. Required certifications are:
1. SSOC-QP 1
2. SSPC-QP 2
C. Contractor shall substantiate the qualification requirements by furnishing a written list of project references and agency contacts with the bid as required by the Notice of Inviting Bids.
D. Contractor shall submit resumes of the Contractor’s Representative and key personnel to be used on the project with the bid as required by the General Provisions.
E. The Contractor’s containment and ventilation plan for tank surface preparation and coating operations shall be prepared by a California certified industrial hygienist.
1.6 WORKING HOURS
A. The hours of work shall be as specified in the General Provisions.
B. Inspection hours made necessary by the Contractor’s operations or to respond to emergencies outside of working hours shall be scheduled and approved by the
Engineer. Inspections requested by, or made necessary by action or inaction of, the Contractor on Saturdays, Sundays or holidays must be scheduled, approved by the Engineer. Contractor shall pay for such occurrences at the prevailing rate
for overtime or holiday work.
1.7 QUALITY ASSURANCE
A. Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation and the application and inspection of coatings throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and acceptable professional
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standards and are approved by the Engineer. The Contractor shall be held strictly to the requirement of the Specifications regarding quality of materials,
workmanship, and diligent execution of the Contract. Surface preparation, coatings application and final approval may be evaluated by the District in accordance with the following standards, specifications or inspection procedures:
1. The coating manufacturer’s written product data sheets and PDCA P2-04, SSPC, NACE and/or ASTM D3276 standard practices.
2. Surface preparation and condition per NACE Standard RP0178.
3. Compressed air cleanliness per ASTM D4285.
4. Ambient conditions per ASTM E337.
5. Coating preparation, mixing, application and curing. Final visual
appearance per SSPC PA1.
6. Wet film thickness per ASTMD4414 and dry film thickness per ASTM D1186 or SSPC-PA2.
7. Holiday detection in accordance with NACE RP0188 and AWWA D102.
B. The Contractor shall maintain copies of SDSs at the jobsite at all times.
C. Materials which have been stored over 60 days or beyond the manufacturer's recommended shelf life, whichever is less, will not be allowed. Copies of all invoices showing purchase and delivery dates for all materials mentioned above will be required.
D. All materials furnished and all work accomplished under the Contract shall be subject to inspection by the Engineer.
E. The District shall furnish and pay for the services of a full-time coating inspector during surface preparation and coating inspection of wet and dry coatings.
F. Work accomplished in the absence of prescribed inspection may be ordered
removed by the Engineer and replaced under proper inspection at the cost of the Contractor, regardless of whether the work removed is found to be defective or not. Concealed work shall, upon order of the District, be uncovered to the extent
required and the Contractor shall bear the entire cost of accomplishing the work and furnishing all materials necessary for the removal of the covering and its subsequent replacement as directed by the Engineer.
G. All surface preparation and priming operations accomplished offsite will be subject to inspection by the Owner’s appointed quality control inspector in accordance with the General Provisions.
H. The District will make, or have made, such tests or inspections as it deems necessary to assure the work complies with the requirements of the Contract. Unless otherwise specified in the General Provisions, the cost of such testing will
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be borne by the District. In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective
measures deemed necessary by the District, as well as the cost of subsequent retesting and re-inspection. Tests or inspections by the District shall not constitute an acceptance of any portion of the work or relieve the Contractor from compliance
with the terms of the Contract.
1.8 WARRANTY INSPECTION
A. A Warranty inspection shall be conducted prior to the twelfth month following completion of all work and filing of the Notice of Acceptance. All key personnel present at the Pre-Construction Conference should be present at this inspection.
B. The District shall establish the date for the inspection and shall notify the
Contractor at least 30 days in advance. The District will drain the tank and the Contractor shall provide, at his own expense, suitable lighting, scaffolding and ventilation for the inspection. For potable water tanks, and at the District's option, the warranty inspection for interior surfaces may be accomplished by diving operations with the tank in service.
C. Interior Inspection: The entire interior coating systems shall be visually inspected and electrically tested in accordance with this specification and referenced standards. All defective or damaged coating or rust spots shall be satisfactorily repaired by and at the sole expense of the Contractor. All repaired areas shall then be electrically tested, and the repair and electrical testing procedure repeated until the surface conforms with the requirements herein. Defective coating shall be any
of those defined by SSPC's Visual Comparison Manual.
D. Exterior Inspection: The entire exterior paint system shall be visually inspected and electrically tested in accordance with this specification and referenced standards.
All defective or damaged paint or rust spots shall be satisfactorily repaired by and at the sole expense of the Contractor. All repaired areas shall then be electrically tested, and the repair and electrical testing procedure repeated until the surface
conforms with the requirements herein. Defective coating shall be any of those defined by SSPC's Visual Comparison Manual.
E. The District shall prepare and deliver to the Contractor an inspection report covering the warranty inspection, setting forth the number and type of failures observed, the percentage of the surface area where failure has occurred, and the names of the persons making the inspection.
F. Upon delivery of the inspection report as noted herein, District and Contractor shall establish a date within 90 calendar days of delivery of the inspection report for the Contractor to complete any required remedial work. All work shall be repaired in accordance with this specification and to the satisfaction of the District. The District may proceed to have defects remedied as outlined in the General Provisions in the event of delay by the Contractor in commencing or completing such remedial work.
G. Any location where coating or paint has peeled, bubbled or cracked or where rusting is evident shall constitute failure of the system and will be subject to
remedial work. The Contractor shall repair all such locations by removing the
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defective coating, cleaning the surface, and reapplying the specified coating system. If the area of failure exceeds 25 percent of a specific coated or painted
surface, the entire applied system may be required to be removed and reapplied based on the District's sole judgment in accordance with this specification.
H. Surfaces to be coated shall consist of and are defined as follows:
1. Roof interior
2. Roof support structure, including rafters, beams, girders and columns
3. Topside of roof rafter. Inaccessible area to be made accessible with roof shims.
4. Shell interior and all appurtenances, such as proposed bend fitting on inlet piping
5. Floor interior
6. Roof exterior
7. Shell exterior
8. Exterior appurtenances attached to tank and previously coated (ladder, railing, outlet piping, vent covers)
9. Attachments, accessories and appurtenances manufactured of carbon steel and that are not protected by other corrosion protection systems (galvanizing, powder coating, etc).
I. Upon completion of interior warranty remedial work, Contractor shall clean, disinfect and complete two consecutive passing bacterial and VOC tests for each tank as specified herein.
J. The Contractor shall bear all costs for warranty inspection and repair, and disinfection where required, and shall include such costs in the bid and no additional payment will be made by the District.
1.9 SAFETY AND HEALTH REQUIREMENTS
A. The Contractor shall fully comply with California Code of Regulations pertaining to the work including, but not limited to, the following Construction Safety Orders
(CSO) or General Industrial Safety Orders (GISO):
1. Illness Injury Prevention Program CSO/GISO 1508/3203
2. Confined Space Plan GISO 5156/5159
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3. Respiratory Protection CSO/GISO 1531/5144
4. Hazard Communication GISO 5194
5. Rolling Scaffolds CSO 1646
6. Employee Safety Instruction CSO 1510
7. Emergency Medical Service CSO 1512
8. Dusts, Fumes, Mists, Vapors & Gases CSO 1528
9. Fall Protection CSO
10. Hearing Conservation GISO
B. The Contractor shall be responsible for the performance of all work in a safe and prudent manner, and to conform to all applicable safety requirements, regulations
and guidelines of federal, state and local regulatory agencies, as well as applicable manufacturer's printed instructions, standards and technical bulletins and manuals. The following practices shall be employed by the Contractor:
1. The Contractor shall provide and require the use of personal protective equipment for the safety of all personnel and the Owner’s representative working in or about the project site.
2. The Contractor shall design ladders, scaffolding and rigging for their intended uses. Ladders and scaffolding shall be erected to facilitate inspection and be moved by the Contractor to locations requested by the District.
3. The Contractor shall provide proper ventilation, air eduction and exhausting
of solvent vapors to reduce the concentration of air contaminants to a level which poses no hazard to personnel at or near the job site. Air circulation and exhausting of solvent vapors shall continue until coatings have fully
cured. Forced air eduction during blast cleaning and coating operations is mandatory. Exhaust blower capacities shall be sufficient to maintain air changes within the tank interior in accordance with Cal-OSHA, coating
manufacturer's recommendations and local air quality management district regulations.
4. Dehumidification equipment or other alternate ventilation systems must be
approved by the Engineer. Equipment must be operated on a continuous basis during all blasting, coating and curing operations, including shifts during which no work is being accomplished.
5. Personal protective equipment shall be worn by all persons while in the vicinity of the work. During abrasive blasting operations, nozzlemen shall wear U.S. Bureau of Mines or National Institute of Occupational Safety and Health (NIOSH) approved positive pressure air-supplied helmets and all
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other persons who are exposed to blasting dust shall wear respiratory protection determined necessary by the exposure assessment of the
Contractor’s Certified Industrial Hygienist. District reserves the right to review exposure assessment and to make additional recommendations. Positive pressure air-fed hoods and/or masks shall be supplied by an air
source currently certified to produce "Class D Breathing Air". Contractor shall maintain current documentation onsite during the work to substantiate the quality of the breathing air.
6. All hoses shall be grounded to prevent accumulation of charges of static electricity.
7. Spark-proof artificial lighting shall be provided for all work in confined spaces. Light bulbs shall be guarded to prevent breakage. Lighting fixtures and flexible cords shall comply with the requirements of NFPA 70 "National Electric Code" for the atmosphere in which they will be used. When required by the Engineer, the Contractor shall provide additional illumination and necessary supports for inspection. The level of illumination for inspection purposes shall be determined by the Engineer or shall be based on GISO requirements; whichever is more stringent.
8. The maximum allowable concentration of vapor shall be kept below the maximum safe concentration for eight-hour exposure, plus Lower Explosive Limit (L.E.L.) must be strictly maintained. All regulations related to safety of personnel and handling and disposal of such materials shall be
strictly followed and the costs for such activities shall be borne by the Contractor at no additional cost to the District.
9. When handling and mixing coating materials, workmen shall wear gloves
and eye shields, at a minimum. Regulations regarding handling of exposed clothing shall be strictly enforced if working with lead or other heavy metals.
10. The Contractor shall provide fire abatement devices and prohibit any
flames, welding and smoking during mixing and application of materials or curing periods in accordance with the coating system manufacturer instructions or applicable regulations.
11. Whenever the occupational noise exposure exceeds the maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices.
a. Noise suppression measures shall be practiced at all times and must meet the requirements of local ordinances for noise at the property line. Such measures shall include, but not be limited to, equipping all internal combustion engines with critical residential silencers (mufflers), shielding noise-producing equipment from nearest areas of human occupancy by location in such positions as to direct the greatest noise emissions away from such areas, and conducting operations in the most effective manner to minimize
noise generation consistent with the prosecution of the Contract in
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a timely and economic manner. Whenever levels are objectionable, they shall be adjusted as directed by the Engineer.
1.10 COMPLIANCE WITH ENVIRONMENTAL REGULATORY REQUIREMENTS
A. The Contractor shall comply with all current federal, state, and local environmental laws and regulations, including, but not limited to the laws and regulations of the U.S. Environmental Protection Agency (USEPA), the California Air Resources Board (CARB), and the San Diego County Air Pollution Control District (APCD).
B. All abrasive blasting materials, coating system materials and surface preparation and coating equipment and practices shall comply with air pollution regulations,
specifically the local air quality management district or air pollution control district rules: https://www.sdapcd.org/content/sdapcd/rules.html
C. The Contractor shall furnish a copy all permits obtained from any regulatory agency that apply to the work of this Contract.
PART 2 - PRODUCTS
2.1 GENERAL
A. All materials shall be brought to the jobsite in the original sealed containers. They shall not be opened or used until District's representative has physically inspected the packaging and contents and obtained necessary data from container labels.
B. All coating, paint and disinfection materials shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Coatings or paints shall
be protected from freezing. Materials exceeding the storage life recommended by the manufacturer shall be rejected. Copies of invoices showing purchase and delivery dates will be required.
C. Flammability, toxicity, allergenic properties, and any other characteristic requiring field precautions shall be identified and specific safety practices shall be followed as required by federal, state, local manufacturer or SDSs. Flammable materials
must be stored to conform with City, County, State and Federal safety codes for flammable materials.
D. Coating materials shall conform to the applicable regulations and requirements of
local, State and Federal air pollution regulatory agencies. Products containing perchlorethylene (PCE), trichloroethylene (TCE), lead or chromium will not be permitted.
E. The Contractor shall use products of the same manufacturer for all coats.
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F. Substitutions required because of new VOC regulations shall be endorsed in writing from the materials manufacturer that these substituted materials will provide
equivalent performance as those specified.
G. The District may require that the Contractor provide certified laboratory data showing the results of complete spectrographic and durability tests accomplished
on the proposed substitute. Tests shall be accomplished by an independent testing laboratory approved by the Engineer and all costs incurred in the testing program shall be borne by the Contractor. In any case, the Engineer shall be sole and final judge of the acceptability of any proposed substitution. Requests for substitution must be approved in writing.
H. Standard products of manufacturers other than those specified will be accepted when it is proved, to the satisfaction of the Engineer, they are equal in composition, durability and usefulness for the intended purpose. Substitutions will be considered provided the following minimum conditions are met:
1. A mixture of surfactant and water for wetting of the ACP and retardation of fiber.
2. The proposed coating or paint system shall employ coatings or paints of the same generic type.
3. The proposed coating or paint system shall have a dry film thickness equal to or greater than that of the specified system.
4. The proposed coating or paint system shall employ an equal or greater number of separate coats.
5. Requests for substitution shall include full descriptive literature and application instructions and complete information on generic type, non-volatile content by volume and a list of 10 similar projects, all at least three
years in service, where the products have been applied to similar exposure.
I. Prior to coating any surfaces of the tank, the Contractor shall provide written certifications from the coating manufacturers stating that the coating materials,
thinners, solvents, and equipment cleaning fluids do not contain PCE or TCE. The Contractor shall also certify, in writing, that no material containing PCE, TCE, lead, or chromium in any form will be used for the interior coatings or exterior paints of the tank.
J. The District may require all solvents, thinners and cleaning fluids be tested for TCE and PCE prior to being used at the job site. The Contractor shall provide the District with samples of each material at no cost to the District. Unacceptable materials shall be removed from the job site.
2.2 INTERIOR COATING SYSTEM
A. Top coat color shall be white.
B. Carboline Alternate:
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1. Floor and Bottom 6” of Shell:
a. Prime Coat: Carbozinc 859 VOC or equal (NSF 61 certified in
potable water service) at minimum Dry Film Thickness of 2.5 mils.
b. Top Coat: Phenoline Tank Shield at minimum Dry Film Thickness of 30 mils.
c. Minimum dry film thickness of the completed system shall be 32 mils.
2. Shell and Roof:
a. Prime Coat: Carbozinc 859 VOC or equal (NSF 61 certified in potable water service) at minimum Dry Film Thickness of 2.5 mils.
b. First Intermediate Coat: Carboguard 891 VOC at minimum Dry Film
Thickness of 4 to 6 mils.
c. Second Intermediate Coat: Carboguard 891 VOC at minimum Dry Film Thickness of 4 to 6 mils.
d. Topcoat: Carboguard 891 VOC at minimum Dry Film Thickness of 4 to 6 mils.
e. Minimum dry film thickness of the completed system shall be 15 mils.
C. Sherwin Williams Alternate:
1. Floor and Bottom 6” of Shell:
a. Prime Coat: Corothane 1 GalvaPac 2K at minimum Dry Film Thickness of 2.5 mils.
b. Top Coat: SherPlate PW Epoxy at minimum Dry Film Thickness of 30 mils.
c. Minimum dry film thickness of the completed system shall be 32
mils.
2. Shell and Roof:
a. Prime Coat: Corothane 1 GalvaPac 2K at minimum Dry Film
Thickness of 2.5 mils.
b. First Intermediate Coat: Macropoxy 5500LT at minimum Dry Film Thickness of 4 to 6 mils.
c. Second Intermediate Coat: Macropoxy 5500LT at minimum Dry Film Thickness of 4 to 6 mils.
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d. Topcoat: Macropoxy 5500LT at minimum Dry Film Thickness of 4 to 6 mils.
e. Minimum dry film thickness of the completed system shall be 15 mils.
D. Tnemec Alternate:
1. Floor and Bottom 6” of Shell:
a. Prime Coat: Series 94-H2O Hydro-Zinc at minimum Dry Film Thickness of 2.5 mils.
b. Top Coat: Series 22 Epoxoline at minimum Dry Film Thickness of 30 mils.
c. Minimum dry film thickness of the completed system shall be 32
mils.
2. Shell and Roof:
a. Prime Coat: Series 94-H2O Hydro-Zinc at minimum Dry Film Thickness of 2.5 mils.
b. First Intermediate Coat: Series L140F Pota-Pox Plus at minimum Dry Film Thickness of 4 to 6 mils.
c. Second Intermediate Coat: Series L140F Pota-Pox Plus at minimum Dry Film Thickness of 4 to 6 mils.
d. Topcoat: Series L140F Pota-Pox Plus at minimum Dry Film Thickness of 4 to 6 mils.
e. Minimum dry film thickness of the completed system shall be 15
mils.
E. Joint sealant shall be an NSF 61 certified approved flexible polyurethane or polysulfide product, meeting Federal Specification TT-S-230.
2.3 EXTERIOR COATING SYSTEMS
A. Exterior color shall match Tnemec AH22 “Buffalo Brown”. Finish color shall be selected by the District from color chart submitted by the Contractor at least three
weeks prior to the start of painting operations.
B. Carboline Alternate:
1. Prime Coat: Carbozinc 859 VOC at minimum Dry Film Thickness of 2.5
mils.
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2. Intermediate Coat: Carboguard 890 VOC at minimum Dry Film Thickness of 4 to 6 mils.
3. Finish Coat: Carbothane 134 MC at minimum Dry Film Thickness of 4 to 6 mils.
4. Minimum dry film thickness of the completed system shall be 12 mils.
C. Sherwin Williams Alternate:
1. Prime Coat: Corothane 1 GalvaPac 2K at minimum Dry Film Thickness of 2.5 mils.
2. Intermediate Coat: Macropoxy 646-100 at minimum Dry Film Thickness of 5 to 6 mils.
3. Finish Coat: Sher-Loxane 800 Polysiloxane at minimum Dry Film
Thickness of 4 to 6 mils.
4. Minimum dry film thickness of the completed system shall be 12 mils.
D. Tnemec Alternate:
1. Prime Coat: Series 94-H2O Hydro-Zinc at minimum Dry Film Thickness of 2.5 mils.
2. Intermediate Coat: Series L69F at minimum Dry Film Thickness of 4 to 6 mils.
3. Finish Coat: 1095 Eudurashield at minimum Dry Film Thickness of 3 to 5 mils.
4. Minimum dry film thickness of the completed system shall be 12 mils.
E. Exterior joint sealant shall be a flexible polyurethane or polysulfide product, similar
or equal to Federal Specification TT-S-00230C, Type II, Class A (non-sag), Sikaflex 1A, Vulkem 921, Sonolastic NP1 or approved equal. Sealant color shall be approved by the District.
2.4 DISINFECTION MATERIALS
A. Disinfection materials shall conform to all requirements of AWWA Standard C652, latest revision.
B. Cleaner for pre-disinfection cleaning of interior surfaces shall be Grease Away or approved equal.
2.5 CONTAINMENT AND VENTILATION SYSTEMS
A. The Contractor shall provide containment and ventilation systems which allow for the efficient containment of abrasive blast media, dust, paint and debris that will
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be generated during surface preparation and coating operations and comply with local air pollution control and federal health regulations.
B. The 24-hour Respirable Particulate Matter (PM-10) shall not exceed the limits prescribed in California (50 μg/m3) or federal standards (150 μg/m3). The 24-hour standard is attained when the expected number of days per calendar year with a
24-hour average concentration above the specified limit is equal to or less than one.
C. For the California standard, the measurement method shall be Gravimetric or Beta Attenuation or any equivalent measurement method which can be shown to the satisfaction of the Air Resources Board to give equivalent results at or near the level of the air quality standard (CCR Title 17, Section 70200). For the federal standard, the measurement method shall be Inertial Separation and Gravimetric Analysis as described by the U.S. EPA or an equivalent method of measurement with a consistent relationship to the reference method and approved by the U.S. EPA. The Contractor shall conduct ambient air monitoring as described in SSPC-TU 7 and at a frequency as recommended by the Contractor’s Certified Industrial Hygienist to demonstrate compliance with air quality standards and in accordance with industry safe practices.
D. The containment and ventilation systems shall conform with SSPC Guide 6 for Containment Classification 3A and as follows:
1. Containment Materials: Type A2 – Flexible
2. Containment Material Penetrability: Type B2a – Air Penetrable (tightly
woven)
3. Support Structure: Type C1 – Rigid or Type C2 – Flexible Support
4. Joint Treatment: Type D2 – Partially Sealed Joints
5. Entryways: Type E3 – Entryway through Overlapping Door Tarps
6. Air Supply (Intake) Points: Type F2 – Open Air Flow
7. Input Air Flow: Type G2 – Natural Input Air Flow
8. Negative Air Pressure Inside Containment: H3 – Not Required
9. Air Movement: Type I2 – Minimum Air Movement is Not Specified
10. Exhaust Air Flow/Dust Collection: Type J1 - Air Filtration Required
E. The Contractor shall provide forced exhaust air ventilation during all coating removal, debris removal, and painting operation performed on the tank. All ventilation equipment shall be explosion proof.
F. The containment and ventilation requirements stated are minimum requirements. The ventilation and containment systems shall be designed by a professional
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engineer qualified in industrial ventilation system design. The professional engineer shall visit the project site and confirm the systems are installed in
accordance with the containment and ventilation plan and are functioning as intended or required.
G. When ventilation systems are required to meet the requirements of 29 CFR
1926.57, Containment Classification 2A or 1A shall be used. When negative pressure is required or specified, it shall be verified by instruments.
H. The containment system shall be designed and erected to withstand live loads in accordance with the latest California Building Code adopted by the City and in such a manner that no damaging loads are imposed by the containment system on the structure to be painted.
PART 3 - EXECUTION
3.1 GENERAL
A. The work shall be completed at the Elm and Skyline tanks in consecutive order with only one tank taken offline at any given time. The tank shall be returned to service prior to progressing to the next tank in the series.
B. All surface preparation, coating and paint application shall conform to applicable standards of the Society for Protective Coatings, the District and the manufacturer's printed instructions. Material applied prior to approval of the surface preparation by the District shall be removed and reapplied to the satisfaction of the District at the expense of the Contractor.
C. Contractor shall notify the District prior to starting field surface preparation and
coating application to coordinate and schedule a pre-application meeting. Attendance shall be required of all parties directly affecting the work of this section, including the Agency’s representative, Applicator and Coating Manufacturer’s
representative. The following items shall be reviewed:
1. Schedule for surface preparation and coating activities and coordination with other work.
2. Health and safety requirements
3. Environmental protection requirements
4. Field quality control
5. Protection of surfaces not scheduled to be coated
6. Surface preparation
7. Application and curing
8. Testing and repairs
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9. Tank Cleaning
10. Tank Disinfection (potable water tanks only)
11. Protection of coating systems
12. Warranty inspection
D. The Contractor’s representative shall be present at the work site during surface
preparation, application, curing and disinfection operations.
E. All work shall be accomplished by skilled craftsmen qualified to accomplish the required work in a manner comparable with the best standards of practice.
F. The Contractor's equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Blotter test shall be
accomplished at each start-up period and as deemed necessary by the District. Contractor's equipment shall be subject to approval of the District. This approval does not relieve the Contractor's responsibility for the safe operation of the equipment or its performance.
G. Cleanliness of compressed air supply shall be verified daily, and as deemed necessary by the District, by directing a stream of air, without abrasive, from the blast nozzle onto a white blotter or cloth for twenty seconds. If oil or water appears on the blotter or cloth, all traps and separators shall be blown down until two subsequent twenty-second tests show no further oil or water.
H. Any equipment that is not in good working order or does not produce the results required by the specifications shall be removed from the site of the work upon the
District’s request.
I. Application of the first coat shall follow immediately after surface preparation and cleaning within an eight-hour working day. Any cleaned areas not receiving the
first coat within the time specified shall be recleaned prior to application of the first coat. If dehumidification equipment is used to control the area, cleaned areas may have the first coat applied during the last shift of the week, provided the
dehumidification equipment has run continuously for at least 72 hours preceding the coating application and the surface and ambient conditions meet all requirements of the specification.
J. Previously coated or painted surfaces shall be protected from moisture or contaminants in the atmosphere or recleaned prior to application of subsequent coat(s). Methods of protection and recleaning shall be approved by the District.
K. The work shall cease, and corrective measures immediately taken if, in the opinion of the District, cleaning and application operations are creating a localized condition detrimental to ongoing facility activities, personnel or adjacent property. All additional costs created by shutdown shall be borne by the Contractor.
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L. The Contractor shall take all measures necessary to confine abrasive blasting debris, dust and/or coating or paint overspray to within the boundaries of the
graded tank pad. The Contractor shall take all necessary precautions to prevent off-site contamination or consequences of its operations. Complaints received by the District relating to any such potential off-site problems will be directed to the
Contractor’s representative and the Contractor shall immediately halt blast cleaning or application work and implement all measures necessary to correct any non-compliance with the specifications. All costs for the protection of off-site properties and/or correction of damage to property as a result of blast cleaning or application operations shall be borne directly by the Contractor at no additional cost to the District.
M. District approval of Contractor's debris and overspray best management practices and District's presence on the project does relieve the Contractor from its responsibility to prevent migration of pollutants to off-site areas. Approval of prevention procedures will be required prior to the start of blasting or spray operations or in the event of any change in the procedures or the site conditions.
3.2 SURFACE PREPARATION – GENERAL
A. The latest revision of the following surface preparation specifications of the Society for Protective Coatings shall form a part of this specification. (Note: An element of surface area is defined as any given square inch of surface).
1. Solvent Cleaning (SSPC-SP 1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam
cleaning or similar materials and methods, which involve a solvent or cleaning action.
2. Hand Tool Cleaning (SSPC-SP 2): Removal of loose rust, loose mill scale
and other detrimental foreign matter present to degree specified by hand chipping, scraping, sanding and wire brushing.
3. Power Tool Cleaning (SSPC-SP 3): Removal of loose rust, loose mill scale
and other detrimental foreign matter present to degree specified by power wire brushing, power impact tools or power sanders.
4. Commercial Blast Cleaning (SSPC-SP 6): Blast cleaning until at least two-thirds of each element of surface area is free of all visible residues.
5. Brush-off Blast Cleaning (SSPC-SP 7): Blast cleaning to remove loose rust, loose mill scale, and other detrimental foreign matter present to the degree specified.
6. Near-White Blast Cleaning (SSPC-SP 10): Blast cleaning to near-white metal cleanliness, until at least ninety-five percent of each element of surface area is free of all visible residues.
7. Power Tool Cleaning to Bare Metal (SSPC-SP 11): Power tool cleaning to produce a bare metal surface and to retain or produce a surface profile of at least 1.0 mil.
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8. Low Pressure Water Cleaning (SSPC-SP 12, LPWC): Low pressure water cleaning at a maximum pressure of 5,000 PSI to remove loose rust, loose
paint, and other detrimental foreign matter present.
9. Commercial Grade Powertool Cleaning (SSPC-SP 15): Powertool cleaning until at least two-thirds of each element of surface area is free of all visible
residue.
B. Prior to abrasive blast cleaning of the tank interior, welds in the bottom of the tank shall be vacuum tested in accordance with Section 13200.
C. Tank interior coating and surfaces shall be abrasively blast cleaned to "Near-White Blast Cleaning" in conformance to SSPC's Surface Preparation Specification No. 10 (SSPC-SP 10) and a surface profile or anchor pattern of 2 to 3 mils.
D. Tank exterior surfaces contain lead-based paint base coat and shall be removed and prepared per Sections 028319 and 028333.
3.3 SURFACE PREPARATION
A. Examine areas and conditions under which coating systems are to be applied and notify the District of areas or conditions that are not acceptable. Do not begin surface preparation or application until unacceptable areas or conditions have been corrected.
B. Slag, burrs, weld spatter, or sharp edges such as those created by flame cutting and shearing not previously removed shall be removed by chipping and grinding. All sharp edges shall be peened, ground or otherwise blunted in accordance with NACE SP 0178. It is not the intent to have the welds or "scars" ground "flush". The
objective of the grinding is to eliminate sharp edges, corners, and overlaps to provide a surface for the application of a uniform thickness of coating or paint without voids, thin spots or other defects.
C. All interior surfaces exhibiting bare metal, rust, scaling, or damaged coatings shall be blast cleaned in accordance with Steel Structures Painting Council Specification No. 10 "Near-White Blast Cleaning," (SSPC-SP 10). Adjacent primer shall be firmly
bonded to the substrate with blast cleaned edges feathered.
D. All exterior surfaces exhibiting bare metal, rust, scaling, or damaged coatings shall be blast cleaned in accordance with Steel Structures Painting Council Specification No. 10 "Near-White Blast Cleaning," (SSPC-SP 10). Adjacent primer shall be firmly bonded to the substrate with blast cleaned edges feathered.
E. After abrasive blast cleaning of damaged and defective areas and feathering of edges, cleaned areas will be primed as specified herein. Spot prime repairs will not be included as part of the intermediate coat. It is the intent of this specification to ensure a three-coat system is applied to all surfaces.
F. Abrasive blasting nozzles shall be equipped with "deadman" emergency shut-off nozzles. Blast nozzle pressure shall be a minimum of 95 PSI and shall be verified
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with an approved nozzle pressure gage at each start-up period or as directed by the Engineer.
G. All blast hose connections shall be tethered and connected with external couplings. These connections shall be taped with duct tape prior to pressurizing. All taped connections shall be visually inspected for leaks within five minutes after the start
of blast cleaning operations each day and periodically throughout each day of operations. Leaking connections shall be immediately repaired.
H. Field blast cleaning for all surfaces shall be by the dry method unless otherwise approved. The Contractor shall maintain dust emissions within the legal level and that level which would not create a nuisance.
I. Particle size of abrasives used in blast cleaning shall be that which will produce
the surface profile or anchor pattern specified herein or recommended by the manufacturer of the coating or paint system, subject to approval of the Engineer.
J. Abrasive media used in blast cleaning operations shall be new, washed, graded and free of contaminants and shall not be reused unless specifically approved by the District. Abrasives shall be certified for unconfined dry blasting pursuant to the California Administrative Code, Section 92520 of Subchapter 6, Title 17, and shall appear on the current listing of approved abrasives. The Contractor shall submit invoices or load sheets confirming these requirements to the Engineer.
K. Blast cleaned surfaces shall be cleaned prior to the application of coatings or paints by blowing with clean, dry air; brushing/brooming and/or vacuuming. Air hose for blowing shall be equipped with a shut-off device and shall meet GISO
requirements.
L. The surfaces of any non-carbon steel substrates or specialty items (i.e., galvanized, anodized, etc.) shall be properly treated and prepared prior to coating
operations in accordance with the coating manufacturer's written recommendations, subject to approval of the Engineer.
M. Blast cleaning from rolling scaffolds shall only be accomplished within the confines
of the scaffold. Reaching beyond the limits of scaffold perimeter will be allowed only if blast nozzle is maintained in a position which will produce a profile conforming to these specifications.
N. The interior surfaces of the tank inlet/outlet nozzles shall be blast cleaned per these specifications. The Contractor shall protect isolation valves at the inlet and outlet nozzles, if mounted. All exposed surfaces of the valves shall be masked prior to blast cleaning the nozzles.
O. During blast cleaning operations, the inlet, outlet, overflow and drain openings shall be covered with plywood bulkheads or other approved barriers to prevent entry of debris or other foreign materials.
P. All welds shall be neutralized with a suitable chemical compatible with the specified coating materials when required or recommended by the coating system manufacturer.
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Q. The Contractor shall keep the work area in a clean condition and shall not permit blasting debris to accumulate to constitute a nuisance or hazard to the prosecution
of the work, off-site contamination or the operation of the existing facilities. The ground surface around the tank perimeter shall be protected with a layer of polyethylene, minimum thickness of 6 mils. All debris generated and accumulated
on the polyethylene shall be collected at the end of each day and disposed of in approved containers.
R. Application for the necessary approvals and permits shall be made by the Contractor and coordinated with the Owner. All costs associated with the removal and disposal of debris shall be paid by the Contractor.
S. Contractor shall be responsible for obtaining the certified laboratory test report and pay the costs necessary to determine if the residue generated during blasting and cleaning operations exceeds "leachable" limits for lead, arsenic, barium, cadmium, chromium, mercury, selenium and silver as determined by EPA's Toxicity Characteristic Leaching Procedure (TCLP). The laboratory must be certified by the State of California. A copy of the certified report shall be furnished to the Owner.
T. Disposal of hazardous spent material is only allowed at a licensed hazardous waste disposal facility. The waste shall be transported to the facility by EPA approved licensed waste haulers. The disposal facility may require a sample of spent material for confirmation testing prior to receiving shipment. An EPA "Uniform Hazardous Waste Manifest" shall document each load of hazardous waste. The Contractor is directly and solely responsible for complying with the
requirements of these hazardous waste laws in performing the work.
U. Brush-Off Water Jet Blast Cleaning (SSPC-SP 12) shall be used only if approved by the Engineer and pressures shall be set to effectively remove loose,
peeling/flaking coating or other surface contaminants.
1. SSPC SP12 and scarification of exterior surfaces may be required if the proximity of adjacent property dictates extraordinary precautions due to
potential for property damage. Sufficient rust inhibitor, approved by the paint manufacturer, shall be added to water to prevent rusting of cleaned surfaces prior to application of coatings. At the option of the Contractor, other methods of removal may be used, provided they protect adjacent properties, produce the required surface roughness and are approved by the Engineer.
V. Remove and dispose all existing caulking from shell/roof junction, roof plate lap seams, designated void areas and interface between exterior floor plate and
concrete ring wall (chime).
3.4 APPLICATION – GENERAL
A. Coating and paint application shall conform to the requirements of the Society for Protective Coatings Paint Application Specification SSPC-PA 1, latest revision, for "Shop, Field and Maintenance Painting," the manufacturer of the coating and paint materials printed literature and as specified herein.
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B. No coating shall be applied under the following conditions:
1. When the surrounding air temperature or the temperature of the surface to
be coated or painted is below 55 degrees F for epoxy coatings, below 45 degrees F for epoxy low temperature cure coatings, or above 110 degrees F for all materials.
2. On wet or damp surfaces or in rain, fog or mist.
3. When the temperature is less than 5 degrees F above the dew point.
4. When the air temperature is expected to drop below 55 degrees F for epoxy coating, below 45 degrees F for epoxy low temperature cure coatings, or less than 5 degrees F above the dew point within two hours or the manufactures specifications, which ever is longer, after application of
coatings or paints.
5. When wind speeds exceed 15 miles per hour (for exterior operations only).
C. If the above conditions exist or are forecast, coating application shall be delayed or postponed until conditions are favorable. The day's application shall be completed with sufficient time to permit sufficient drying time prior to damage by atmospheric conditions.
D. Dew point shall be measured with a sling psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables or approved dew point measurement equipment.
E. Each coating or paint application shall be uniform in appearance and free of brush
marks, sags, runs and no evidence of poor workmanship. Care should be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from blemishes or defects as
defined by SSPC's Visual Comparison Manual.
F. The wet film thickness of each coat shall be measured during application. Before application of successive coats, the dry film thickness shall be measured for
compliance.
G. Protective coverings or drop cloths shall be used to protect floors, fixtures, equipment, prepared surfaces and applied coatings or paints. Personnel entering the tank or walking on the tank roof shall take precautions to prevent damage or contamination of coated or painted surfaces. Personnel shall wear soft-soled shoes, or shoe coverings approved by the Engineer. Care shall be exercised to prevent coating or paint from being spattered onto surfaces which are not to be coated or painted. Surfaces from which such material cannot be removed satisfactorily shall be refinished to the satisfaction of the Engineer.
H. All welds and irregular surfaces shall receive a stripe coat of the specified product prior to application of each intermediate coat. Coating shall be brushed in multiple directions to ensure penetration and coverage. These areas include, but are not
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limited to, welds, roof lap seams, nuts, bolts, pitted areas, ends and flanges of rafters and girders, etc. Ensure dry film thicknesses of coatings and paints conform
with the requirements of the product manufacturer or these specifications, whichever is greater.
I. At the conclusion of each day's blast cleaning and coating operations, a 6" wide
strip of blast cleaned substrate shall remain uncoated as a marker for the following day's blast cleaning operations.
J. Epoxy coated surfaces or other multi-component materials that are exposed to excessive sunlight or have exceeded the manufacturer's recommended time period for recoat shall be scarified by Brush-Off Blast Cleaning (SSPC SP 7) or methods approved by the Engineer prior to application of additional coating or paint. Scarified coating or paint shall have surface roughness as recommended by the coating manufacturer for mechanical bonding of the subsequent coat.
K. All attachments, accessories, and appurtenances shall be prepared and finished in the same manner as specified for adjoining tank sections unless otherwise approved by the Engineer.
L. After abrasive blast cleaning of damaged and defective areas and feathering of edges, cleaned areas will be primed as specified herein. Spot prime repairs will not be considered as a part of the intermediate coats.
M. All coating components shall be mixed in exact proportions specified by the manufacturer. Care shall be exercised to ensure all material is removed from containers during mixing and metering operations.
N. Coatings shall be thoroughly mixed with an approved slow-speed power mixer until all components are thoroughly combined and have a smooth consistency. Coatings shall not be applied beyond the pot-life or recoat period specified by the
manufacturer.
O. Thinning shall only be permitted as recommended by the coating product manufacturer and in the presence of the Inspector. Thinners shall not exceed the
limits set by applicable regulatory agencies. The Contractor shall be responsible for all costs for corrective work, fines or legal action resulting from the application of any materials which have been modified or thinned to such a degree as to cause them to exceed established VOC levels.
P. Application shall be by conventional or airless spray method, except as otherwise approved. Drying time between coats shall be a minimum of 24 hours or in accordance with manufacturer's instructions.
Q. When two or more coats are specified, each coat shall be of contrasting color or contain an approved color additive to indicate coverage of the applied coat. A fine bristle broom and air shall be used to remove dust and other matter from each coat prior to application of subsequent coats.
R. Spray nozzles shall be held perpendicular and sufficiently close to the surface being coated to avoid excessive evaporation of volatile constituents, loss of
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material into the air or the bridging of cracks and crevices. Reaching beyond limits of scaffold perimeter will not be permitted. All overspray shall be removed by hand
or pole sanding prior to application of subsequent coat.
S. Joint sealant may be applied by caulking gun, trowel or other approved method. Sealant shall be pressed firmly into voids to achieve complete filling or sealing.
T. All mixing, thinning, application and holiday detection of coatings shall be accomplished in the presence of the Inspector.
U. A 7-day curing period at 70 degrees F and 50% relative humidity, or as recommended by the coating system manufacturer, shall occur before placing the epoxy coating into service. Refer to the dehumidification requirements of this specification.
3.5 APPLICATION – INTERIOR COATING SYSTEMS
A. After completion of surface preparation as specified, the tank floor and the bottom 6 inches of shell shall receive a 100% solids epoxy system and all other surfaces shall receive a three-coat epoxy system as specified in Part 2 of this specification.
B. Shell/roof junction, roof plate lap seams, and designated void areas:
1. After completion of coating application, as specified, all void shall be filled with a joint sealant. Joint sealant may be applied by caulking gun, trowel or other approved method. Sealant shall be pressed firmly into voids to insure 100% filling/sealing.
3.6 APPLICATION – EXTERIOR PAINT SYSTEMS
A. After completion of surface preparation as specified, all surfaces shall receive
three complete coats of one of the coating systems specified in Part 2 of this specification.
B. Additional coats shall be applied in accordance with the coating manufacturer’s
recoat period. Unless otherwise approved, a minimum of 12 hours shall elapse before applying subsequent coats.
C. When cement mortar is not used between the tank floor and concrete ring wall
foundation, and following all paint work, apply caulking to the gap between the exterior floor plate and concrete ring wall in accordance with the manufacturer’s written recommendations, using backing rod as required to provide suitable seal.
Exterior caulking shall have a smooth clean finish.
D. Contractor shall provide an enclosure system which allows for the efficient containment of sand, dust, paint, and debris what will be generated during blasting and painting operations. The containment system must be a proven method used previously on similar projects with acceptable results to contain the sand, dust, paint, and debris.
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E. Contractor shall provide a containment system that meets the requirements of SSPC Guide 61 for Containment Classification 3 with Class A-2 walls, Class B-2a-
Air Penetrable (tightly woven), Class C-2 Flexible Support, Class D-2 Partially Sealed Joints, Class E-3 Entryway with Overlapping Door and Class F-2 Open Air Flow.
F. The containment shall be designed and erected in such a manner that no damaging loads are imposed by the containment system on the tank.
G. Containment requirements given are minimum requirements. The Contractor shall provide a system that will contain the paint, abrasive media, dust, and debris within the property boundary of the tank. Protect all offsite property, equipment, and vehicles.
3.7 QUALITY CONTROL
A. Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces," SSPC-VIS 1 and as described herein. Anchor profile for prepared surfaces shall be measured by using a nondestructive instrument such as a Testex Press-O-Film System in accordance with ASTM D4417. Contractor must coordinate with District inspector to examine all surface preparation work.
B. Wet film thickness testing shall be performed by the Contractor at regular intervals during the coating operation. Contractor must coordinate with District inspector for examination of work and spot checks of wet film thickness. Coatings shall be repaired following such testing.
C. Dry film thickness of each coat will be measured by the District’s inspector. Holiday inspection must be performed by the Contractor and witnessed by the Inspector. Contractor shall provide all inspection equipment and personnel to perform the
inspections.
D. Contractor shall furnish, until final acceptance of coating and painting, inspection devices in good working condition for detection of holidays and measurement of
dry-film thickness of coatings. They shall also furnish National Institute of Standards and Technology/National Bureau of Standards (NIST/NBS) certified thickness calibration plates to test accuracy of thickness gauges. Gauge accuracy shall be verified, at a minimum, at the beginning and end of each work shift according to the procedures described in ASTM D7091 or more frequently if the gauge is dropped or suspected of giving erroneous readings during the work shift. Inspection devices shall be operated by, or in the presence of the Inspector with location and frequency basis determined by the District. The District may furnish its own inspection devices and render decisions based solely upon its tests.
E. Film thickness testing of coatings shall be checked with a non-destructive film thickness gauge in accordance with ASTM D7091. Film thickness of flat (e.g., plate) surfaces shall be tested and the locations and frequency of the measurements shall conform with SSPC-PA 2. The acceptability of the measurements shall be evaluated for conformance with the dry film thickness
requirements of this specification in accordance with SSPC-PA 2. An instrument
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such as Tooke Gage should be used in accordance with ASTM D4138 if a destructive test is deemed necessary.
F. Upon completion of the interior coating operations and after the required curing interval, holiday detection shall be performed on all coated surfaces below the top capacity level with an approved inspection device in accordance with NACE SP
0188. Acceptable inspection devices include but are not limited to Tinker & Rasor Models AP and AP-W holiday detectors, and SSPC, Type II units for dry film thickness gauging. Inspection devices shall be calibrated and operated in accordance with the manufacturer's instructions and SSPC-PA 2.
G. The holiday detection instrument shall be set at 100 volts/mil, include a wire brush electrode, and be properly grounded. The contractor shall obtain a letter from the coating manufacturer approving this test procedure, prior to any testing. Should the manufacturer not approve the use of a high-voltage testing device, a 67.5-volt device such as a Tinker & Rasor M-1 tester shall be used.
H. A thorough visual inspection shall be completed on all surfaces above the top capacity level, including nuts, bolts, ends or edges of rafters, mating surfaces, etc. with any suspected holidays verified by holiday detection, as noted.
I. All areas not meeting the specified dry film thickness and all holidays, pinholes or other defects shall be marked and repaired in accordance with the manufacturer's recommendations and this specification and retested.
J. Upon completion of epoxy application to shell surfaces and abrasive blast cleaning of floor plates, and before application of epoxy to the tank floor, surfaces of
completed epoxy coating on lower shell which may have been subjected to damage from abrasive blast cleaning of floor areas, shall be holiday detected again and repaired as specified herein.
K. The Contractor shall furnish illumination and scaffolding to permit inspection of all coated surfaces prior to acceptance of work. Contractor shall move lights and scaffolding as directed by the Inspector to enable inspection of all surfaces.
3.8 VENTILATION AND DEHUMIDIFICATION
A. Ventilation systems used as an engineering control to reduce workers exposures to hazardous or toxic materials shall meet the requirements of 29 CFR 1926.57.
B. For solvent-based coatings, provide ventilation during abrasive blasting and coating application and curing in confined or enclosed areas in accordance with AWWA D102-11, Section A.8.7. Forced air ventilation shall be maintained for a minimum of four (4) days following interior coating application.
C. If dehumidification equipment is used, the equipment must run continuously during abrasive blasting, coating and curing.
D. Dehumidification shall be used to continuously control the environment inside the tank during blast cleaning and to meet the requirements of the coating
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manufacturer. The system shall be meet the following requirements unless otherwise approved:
E. Operation Criteria:
1. The Contractor shall design and submit for review a dehumidification and ventilation plan, which provides for a minimum cross-draft velocity of 100
feet per minute or down-draft velocity of 60 ft/min in the vicinity of the work area or as recommended by the professional engineer qualified in industrial ventilation system design considering project-specific conditions. The cross-draft velocities shall be obtained with the use of portable blower or fans.
2. The tank shall be continuously dehumidified 24 hours per day, 7 days per
week during blasting, coating, between applications of coating, and until the system application is complete, until or unless approved otherwise in writing by the District. The equipment shall provide a relative humidity within the work space that does not exceed 35 percent, 24 hours per day.
3. The Contractor shall provide routine checks of the mechanical ventilation and dehumidification systems to ensure effective and continued performance.
4. The dehumidification system shall be operated and maintained at all times. Only ventilation equipment, not dehumidification equipment is required throughout the final cure period.
5. Dehumidification equipment shall also provide the necessary ventilation for
the removal of solvent vapors during the coating. At all times, maintain the concentration of solvent vapors in all parts of the tank at 10-percent below the lower explosive limit (LEL).
F. Sizing of the ducting, ventilation, and dehumidification equipment shall be the sole responsibility of the Contractor. The recommended minimum diameter of ducting shall be 18 inches. Size of ducting shall be larger if deemed necessary by the
Contractor to comply with these specifications or any local, state, or federal safety regulations.
G. Ducting shall be airtight and reinforced with spirally-wound wire to prevent collapse. Provide an appropriate connecting device between the ducting and the designated opening.
H. The surfaces that are to be blasted and coated shall not be exposed to a relative humidity over 35 percent. Furthermore, these areas shall not have a surface temperature that is less than 15 degrees F above dew point at any time during cleaning and coating phases.
I. Equipment:
1. The dehumidification equipment shall be a solid desiccant (not liquid, granular, or loose lithium chloride) design having a single rotary desiccant
SECTION 099713 STEEL WATER STORAGE TANK COATING
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 099713-31
bed capable of continuous operation, fully automatic, with drip-proof automatic electrical controller.
2. The equipment shall be capable of making two complete air changes every sixty minutes unless the 100 feet per minute cross-draft velocity requirement requires a larger volume.
3. The processed air from the dehumidification unit must maintain a relative humidity of 15 percent or less.
4. During the coating phase, dehumidification units shall have auxiliary heaters capable of maintaining a constant air temperature inside the tank meeting the requirements of the product manufacturer. Air heaters are not acceptable as substitutes for dehumidification units.
5. Air chillers, heaters, or air conditioners may be used downstream of the dehumidifiers if they are approved for use by the manufacturer of the dehumidification equipment and the Engineer.
J. Dehumidification equipment shall be operating continuously, 24 hours a day, seven days per week from the time abrasive blasting begins, through to completion of all lining application. Equipment shall be turned off only for regular servicing or fueling of climate control equipment or generator(s). Equipment can be turned off during periods when there is no demand for dehumidification only if automatic controls are installed that perform the following:
1. Activates and deactivates the equipment by determining the difference between the coldest surface temperature and the dew point temperature in
the tank.
2. Measures and logs surface temperature, inside air temperature, inside dew point temperature and equipment run time at 1-minute intervals. Copies of
this data will be delivered to the Owner’s representative.
3.9 FINAL CURING OF INTERIOR EPOXY COATINGS
A. Upon completion of applied coating system, Contractor shall furnish an approved
exhaust fan or blower of sufficient capacity for removal of solvent vapors during the curing process. The fan or blower shall remain in continuous operation until coating is completely cured as determined by the coating manufacturer or a minimum of four (4) days, whichever is greater. The Contractor shall operate and maintain the blower continuously during the curing period.
B. If dehumidification is being used, the equipment shall remain in-place and run continuously during all curing operations.
C. After completion of curing as required by the coating manufacturer, the District’s inspector shall evaluate the final cure of the applied lining in accordance with the manufacturer’s recommended procedures, and ASTM D5402 to verify adequate curing has been attained.
SECTION 099713 STEEL WATER STORAGE TANK COATING
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 099713-32
D. If final cure has not been attained, ventilation shall be continued until applied coating passes the solvent wipe test.
E. After final cure is approved by the Engineer, the Contractor shall remove the fan or blower.
3.10 TANK CLEANING
A. Cleaning shall be accomplished after completing and curing all interior recoating work and new coatings.
B. The complete tank interior shall be cleaned with an approved cleaner or detergent applied via high pressure hot solution method. If deemed necessary by the District, surfaces shall be scrubbed with a brush or similar implement that will not damage the coatings to completely remove residual solvents or other contaminants.
C. The surfaces shall then be rinsed with potable water. The residual water shall be thoroughly flushed from the tank. The Contractor shall obtain District approval prior to draining residual water to waste.
3.11 DISINFECTION
A. The interior surfaces of potable water storage tanks shall be disinfected in accordance with AWWA C652, Section 4.2 Chlorination Method 2 as modified herein:
1. Disinfection shall be accomplished after completion and curing of all interior recoating work and new coatings.
2. Prior to disinfecting, the complete interior shall be cleaned with an approved cleaner or detergent applied via high pressure hot solution
method. If deemed necessary by the District, surfaces shall be scrubbed with a fine bristle brush or similar implement which to completely remove residual solvents and other contaminants.
3. The surfaces shall then be rinsed with potable water. The residual water shall be thoroughly flushed from the tank. The Contractor shall obtain District approval prior to draining residual water to waste.
4. After completion of cleaning as noted above, all interior surfaces shall jet washed with a chlorine or chloramine solution having a concentration of 200 PPM. Chlorine or chloramine solution which accumulates on the
bottom shall be dechlorinated and drained to waste after District approval. Rinsing with clean water is not required unless directed by the District.
5. Once the tank has been completely filled, the tank will be isolated from the water system and the Contractor shall take samples for bacteriological tests. Samples shall be taken immediately after filling the tank and a second sample after 24 hours. The tank is to remain out of service until the results pass California drinking water standards: absent for coliform bacteria and E. coli, and heterotrophic plate count (HPC) less than 500
SECTION 099713 STEEL WATER STORAGE TANK COATING
ELM AND SKYLINE STEEL RESERVOIR COATING PROJECT CONTRACT 5024-3A 099713-33
colony-forming unit (CFU) per mL. The District may take additional samples for quality assurance testing
6. If the bacteriological tests fail, the Contractor will be responsible for reimbursing the District for the rejected and drained water and will be required to rechlorinate the reservoir as described above until the tests are
negative.
3.12 TESTING FOR VOLATILE ORGANIC COMPOUNDS (VOC'S)
A. VOC samples shall be taken by the Contractor to monitor the potential presence of VOC's that may have leached into the water. The following procedure shall be utilized:
1. After satisfactory disinfection, the water in the tank shall be retained for a
period of 5 days.
2. On the sixth day, samples of water shall be taken by the Contractor in accordance with latest Health Department memoranda and delivered to an approved laboratory for testing of potential VOC's. The District may obtain additional samples for quality assurance testing.
3. The test results must show levels of leached organics to comply with levels established by the Health Department for various VOC's. Upon passing results, the tank will be placed into operating service by the District.
4. If concentrations of leached organics exceed regulatory levels, the tank shall be drained, flushed and refilled with potable water, and retested at the Contractor's expense.
3.13 CLEANUP
A. Upon completion of the work, all surplus materials, containers, equipment and scaffolding shall be removed from the site. Containers with coatings, paints and
thinners and all waste materials shall be disposed of offsite in accordance with applicable regulations. Spent abrasives from the blasting operation may not be dispersed on site.
B. Coating or paint spots upon adjacent surfaces shall be removed and the entire jobsite cleaned. All damage to improvements or overspray on surfaces resulting from the work of this section shall be cleaned, repaired or refinished to the satisfaction of the District at no additional cost.
END OF SECTION
Appendix A
Site Maps and Tank Attributes
ArcGIS Web Map
Copyright nearmap 2015
Contours - 2 foot (2014)
10-Foot Index Contour
2-Foot Intermediate Contour
City Boundary
Parcel Boundary - Existing
Street Name
Minor
6/9/2025, 8:51:49 AM
0 50 10025 ft
0 10 205 m
1:564
ArcGIS Web AppBuilder
Copyright nearmap 2015 |
ArcGIS Web Map
Copyright nearmap 2015
Contours - 2 foot (2014)
10-Foot Index Contour
2-Foot Intermediate Contour
City Boundary
Parcel Boundary - Existing
Street Name
Minor
6/9/2025, 10:21:49 AM
0 110 22055 ft
0 30 6015 m
1:1,128
ArcGIS Web AppBuilder
Copyright nearmap 2015 |
Appendix B
Tank Photos
ELM TANK
SKYLINE TANK
Appendix C
Utility Shutdown Request, E-28 Form
APPENDIX “L”
Utility Shutdown/Connection Request
E-28
E-28 Page 1 of 2 REV 04/19
Public Works
Construction Management & Inspection
ϭϲϯϱ&ĂƌĂĚĂLJǀĞ
760-602-2780
www.carlsbadca.gov
UTILITY SHUTDOWN/
CONNECTION REQUEST
E-28
DATE OF CONNECTION LOCATION OF WORK
CONTRACTORS NAME TEL NO.
NAME OF REP. AT SITE TITLE
SIGNATURE DATE
TYPE OF CONNECTION
SEWER WATER RECYCLED WET TAP SHUT DOWN
LENGTH OF SHUT DOWN FROM TO TOTAL HOURS
SERVICES EFFECTED
MATERIAL/EQUIPMENT TO BE USED
PLEASE READ BELOW
1. Request must include a DETAILED SKETCH showing proposed construction. (See other side for details.)
2. Submission of this request shall be a minimum of two weeks prior to desired shutdown/connection date.3. If the weather or a situation develops where the time of shutdown is not feasible, a new shutdown timeshall be resubmitted to the district for approval.
4. Temporary water supply shall be only from an approved and accepted CMWD line.5. No CMWD valves shall be operated except under direction of CMWD representative.6. There shall be NO SHUTDOWNS MONDAYS, FRIDAYS, WEEKENDS OR HOLIDAYS.7. The contractor shall have his representative, listed above, on the site of construction during the entireduration of the shutdown and will have authority to act in the company’s behalf.
CONSTRUCTION MANAGEMENT AND INSPECTION1635 FARADAY AVECARLSBAD, CALIFORNIA 92008TEL. NO. (760) 602-2780
CITY INSPECTOR DATE:
DISTRICT APPROVAL SIGNATURE
DATE:
PUBLIC WORKS MANAGER, UTILITY OPERATIONS
E-28 Page 2 of 2 REV 04/19
CONTRACTOR INSTRUCTIONS – PLEASE READ BEFORE SUBMITTING
1. Request shall not be approved unless a DETAILED SKETCH IS ATTACHED showing proposedconstruction. (See example below.)
2. Utility shutdown/connection request shall be submitted to Construction Management & Inspections twoweeks before anticipated connection date.
3. Scheduling: Prior to start of work, there shall be a MINIMUM OF TWO WEEKS NOTICE GIVEN TODISTRICT.
4. Connection shall not be permitted unless BACTERIOLOGICAL TEST RESULTS are attached(required for all potable use lines).
5. If the weather or a situation develops where the time of shutdown is not feasible, a new shutdown timeshall be resubmitted to the District for approval.
6. Temporary water supply shall be only from an approved and accepted CMWD line.
7.NO CMWD VALVES shall be operated except under the direction of CMWD Representative.
8. There shall be NO SHUTDOWNS MONDAYS, FRIDAYS, WEEKENDS OR HOLIDAYS.
9. The contractor shall have his representative (listed on the front) on the site of construction during the
entire duration of the shutdown and will have authority to act in the company’s behalf.
10. If the contractor has preferred connection date, please provide with submittal.
11. The City reserves the right to change the schedule.
Appendix D
Detail Sheet
CARLSBAD MUNICIPAL WATER DISTRICT
THRUST BLOCK FOR REDUCER
4" THRU 12"W-20
Appendix E
Reservoir Record Drawings
MIN. 7
Iv x
I
77 2 A.B.M. SEE SPECS
DETAIL CUT SECT/ON
A.B.M. BROW DITCH
/ 5k L)I4."/ 6 LG./Fc PIPE
'IITHLISC.MARKE( 'CE 7/94
DO NOT DISTURBT"P. I\
-
\
I71 275 /
INSTALL 6'CH / N
LlfvA ocuJ SLOPE
450 270
NO TL S :
I. M/N.COVER PIPELINES 36 I4'OVEPFLOw 24"M/N. COVER
FOR CONC, ALT, DETAILS SEE SHEETS.' 70 7/7273 74
FOR STL. ALT. DETAILS SEE SHEET 76
4, ALL SHADED AREAS TO BE 2" t
4' CL 3 PGGPEGP4TE (MIN.)
SEE SHEET 82 FOR LANDSCAPING.
)
\ \ 6. 8" ACP PIPE (320') To BE BY SCHED. H CONTRACTOR.
MINIMUM COVER 36
OD
".
tv
- - -
-
'—INSIDE SURFACE
265
LIT \\
zi A.t
-
N
260
co CTOR 9EM K0,1- 1T CO
T TO
' ALT) 2 / - W/ Y ON EXJS T SERv £ 'CITY C.RELOCATE
jVA U L. T OAL) "s
'T e REPLACE IT14 1WIN-2`A.C. -.,,EXIST CROSS L
EP NATI\VE
PROVIDE RIPRAP 12 WIDE SFANDkE
' x'O I x K / x2 R EE
I
/
PROVIDE PI RAP I
\U A Cl CG
-.
60 , 27 - '' --
-
w 145V - -yl- )2 "AC DWY 1, 1
: t
CONTRACTOR
(HEDH JOIN ( /v EL 245 B
12 i
-
13 '_---
---------- --------- j.v.SJiD_ -.- ED5 r TA2+O737
'0 "I D VV • . 0 0 0
'CY.SERVIE- -.----'-- 2iUBL
Sl
/ —' 50 co - 2 GATES i' z -'
F 24E \\\
--
, ' 43
75' -'\ )'
SCHED JI 1
~A C r 1 5NFT,, SEE SHEET 83 FOR T CONTRACTOR CLEAR 8
C 0 N N-EC-T4 0 N T 0 13F MADE
/ Y S C HE D CONTR ACTOR
RIP R14P
FOR I2PIPEL/NE SEE SHEET ---. - \
____
- 240
/i SCALE. /":20'
///
(i9 17
r ..-
I i. •.* 1
2~~. 1 a Z aa6,~!~ ~ 1 14 3 cl ~S Ir A-- - IT7-
PROJECT ENGINEER / . C. E. No. DATE
1'77 0
OFFICE MANAGER C. F. No. DATE
DGN. W L 0 DWN.S C . CHKD. W L 0
WATER SYSTEM IMPROVEMENTS ENGINEERING - SCIENCE, I NC.
ENGINEERS AND CONSULTANTS
3260 ROSE C R A N S STREET SAN DIEGO, CALIFORNIA 92110 (714) 224-3618
11•1
W5 - 6-05-0240
SHEET 66 OF
92 SHEETS
P1f0/EcT NO.
NC. 159-9
CITYOFCARLSBAD,CALIFORNIA
APPROVED:
CITY ENGINEER R.C.E No. 15068 DATE ELM RESERVOIR 1.5 MG STE PLAN
/\ REVISED .\UG :s 7/
7
- L.. V 1 ._.) L._ • '-j ' ' -
&
ELM K'TL/
RESE,€VO//' RE5E'VO/R
-
L21 3 14,
I
22'-O' 22'-O"
/1101
5KYL/NE -
OVERFLOW
-\-- - (WORK POINT)
I VVP1
- I I
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I
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8E/DE7 TYPE f
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ON 5A5 L/M
5EE DE TA
5145E LINE (5KYuA
--
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BASE LINE
- - - - I48O34OwE -
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kA TC INTERIOR LADDER (SKYLINE)
\'
1.
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/
I wcj (yyp) -/
SLOPE
RADIALLY
ELEV
ELEV
CIR ELEV (ELM)
ELEV 240.1 (SKYLiNE
ROOF DRAIN (4)
-----
------- ----— 91ThB
I
-
74' CchvCRET; SLAB
ROOF PLAN
5CALE4"/'-0"
5115LA8 OA/ GRACE
#4/2' LA. WAY
/ FOOTING PLAN
/ 5C4LE
W3-605-02-40.
,433 i$ D• I?7o
PROAECT ENGINEER C. No. DATE
'- 1I (17°
OFFICE MANAGER C. E. No. DATE
E N G I N E E R I N G — S C I E N C E, I NC.
ENGINEERS AND CONSULTANTS
3260 ROSECRANS STREET SAN DIEGO, CALIFORNIA 92110 (714) 224-3618
WATER SYSTEM IMPROVEMENTS CITY OF CARLSBAD, CALIFORNIA SHEET 7O
...9...Z..SHEETS
________________________________________________________________
1.5 MG RESERVOIR
FOOTING AND ROOF PLANS
________________________________________________
APPROVED:
t1AR 31 'i
___________________ ______ __________________________________ ___________
CITY ENGINEER R.C.E. No. 5068 DATE
_
cT4. 9-2O
DWG.NO. 59-9 DGN. A F DWN. CHKD.A BF
091708
Y2"x/" RUSA TEX PAD
CGS PRESTRESS
Fe = EF1EC71 V ,OQCS
JJTER LOSSES -
Fe -= e 70 (5MG.)
Fe VAPIES
-
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EXPOSED TO SOIL
TYPICAL ROOF DRAIN DE74/L
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TYPICAL —SEE
. S.,... . js ..#..
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I------J I WITH 2-#x/70"
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091708
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4D FOR #8 s 09
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lqm NOTE
ri-/if LIQUID LEVEL
INDICATOR SHA . L 8E
VI4 PEG ND CP700 OR
APPROVED EQUAL,
WATER LEVEL JND/CATOR(ë
5CALE V21 /b0"
TYPICAL REINFORCING
BAR DETAILS 1
SCALE A"/-(O" L EGE/VD: OVERFLOW DIMENSIONS
/5MG. 5M.G.
A - 220" 414%
8 - /" 20"
C- 3 L/O" 7.2N
1— 4'x14" 2018"
. ELEV. ELM. 248.92
ff. ELEV. SKYLINE 236.60
v' I
IL Z RED.
/G of DRAIN CONNECTION
S M.G. RES. ONLY
/ DETAIL OF OVERFLOW PIPE . -
5cALE /-ON 72
/
SEE £ E6E NO e L EFT FOQ VA Y/NG DIMENSIONS -
WATER SYSTEM IMPROVEMENTS
WS-6-05-0Z40.
SHEET OF CITY OF CARLSBAD, CALIFORNIA
APPROVED:
MAR 31 1q71
CITY ENGINEER R. C. E. No. 15068 DATE
PROJECT ENGINEER I / C. E. No. DATE
OFFICE MANAGER CE. No. DATE
DGN. R B F DWN. CHKD.RB_F
RESERVOIR SECTIONS AND DETAILS
ENGINEERING — SCIENCE, I N C.
ENGINEERS AND CONSULTANTS
3260 ROSECRANS STREET SAN DIEGO, CALl FORNIA 92110 (714) 224-3618
Na 59-9
NOTE:
PAINT ALL EXPOSED METAL SURFACES
INSIDE WITH (I) COAT "BITUMASTIC
50" OR APPROVED EQUAL AFTER
INSTALLATION.
;I NTERCHANGE LIMENSIONS
FR 5 ('1G. f/CIR
LOCATE AS
5/-/0i'V'V OiV
OT/AJG PLANS-
- P ~_-
i4
RETv/N .,
2"C. 1. 45° EL L
1 (
CL. PAINTED— -
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1
73
205TEEL
_ tI8'5TEEL C.M.L.. .
:ORA IN C.ML .
- - ..
_j___ I -
--------
-------- - -- --
13' /8' -CONCRETE /
ENCASEMENT- - - - - I
32xJ'21"
5TEEL /.
im7<TYP
H
- 4LV.F7Eh'4SJEMC7
- WA TE'5 TO P CONT
4- $"x"x//'PL4TE
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AT 0'N
32 ' x Y2"STEEL PL TEN
R/Ak - /8" OPENING
-
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PIPE, CL,, Fl- G'0
OA'E ENO ----
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____
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- F Ti) I
(
I
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----I2'57EEL
El- EV.J
SKYLINE 23. 2
/4'57EEL C.M.L. INLET
-
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7(.p •J M.
Lfl •t --
KI
- - - - - -
____________ j —------------
— '1 5'gI (ML .5M(,
'8" C. I. - DO EL L C. L. 0 PAINTED
L
SEE LEGffND— LffNi2 O.J7LE7 sLope
/8"S TEEL /A/L ET/Ot'TL ET CML. t M. . 5M. Ca
-4"STEEL 4DR41AI CML.) /5M0. 55737 257%
FOP VAULT DE4IL5
5ECT/ON 2 SECT/OW I SEE SWEET 715
SCALE ,/-'O" SC'4LE j12" io" 73
FOR OUTLET DETAIL
SEE SECTION THIS SHEET 73
/2'5TEEL C.M.L.
8"5TEEL CML. I I A
4 Poo
-- — 1-
-. 4 _._;j_l•. . ..j
- - . — — — — — —.-' - N
'. 1r
1"R aRAS5 SLOPE TO AL 7 V4L V —
4' 5 TEL C.
5E E L
.' .—, I
OP V4LJLT DETAILS
SEE SHEET 75
SECT/ON 4
SCALE , _/jN \\ 73
5ECT101\i (
DETAIL Z)
/NLE7/aJTLET ,5M&
O(JTLT 50MG.
5C,4LE j'"/-'O"
TEL C. 41 L. 0/) TL E 7 --)1 PE
J-, Ki~
4 I ... .,
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4 .
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L_
W."FNIn
/4STEEL C.M.L. INLET PIPE
'J'\-14" C. I. FLG'D. 450 ELL -
C.M.L. c PAINTED
ik
/41V5TEEL C141L.
INLET I ;:é /8"S7EEL CiWL.
OUTLET
rnj
43'
PLAN SECT/ON (
SCALE 4"-/-'O 73)
PLAN SECT/ON
SCALE "=/-'O" 73
r\cI1/ B
DETAIL 15 MG. INLET/OUTLET PIPE DETAIL 5MG.
/2'3TEEL
PIPE
AT WALL FOOTING
INLET / OUTLE
AT WALL FOOTING
.5EC 7/ ON e,73 SCALE j/"=JJO"
WELD 2"X3/8Ft FINS AT 9° '
•
(a"
CONCRETE
ENC45EMEWT. • , • / ,HJ
I b - -• .__-_ ••--- -
ELEV. / L "ccj ENCASEMENT. 3 5IE5
L/2"5TEEL C. M. .5 MG 323, ra Co
PUMP 3L/CT/OA/
SECT/oN re
3CALE d1'-01'
14q3 ,..c D. v WATER SYSTEM IMPROVEMENTS IN C. ENGINEERING — SCIENCE,
ENGINEERS AND CONSU L T A NTS
3260 ROSE C R A N S STREET SAN DIEGO, CALIFORNIA 92110
WS -6-05 -02.40.
SHEET_•730F
92 SHEETS
CITY OF CARLSBAD, CALIFORNIA
APPROVED:
q
CITY ENGINEER R.C. E. No. 15068 DATE
RESERVOIR SECTIONS AND DETAILS
PROJECT ENGINEER ( 'I C. E. No. DATE
Ec.Ig70
OFFICE MANAGER C. E. No. DATE
DGN. P 8 F DWN. CHKD.RBF (714) 224-3618
DWG, NO. 159-9
RESERVOIR GENERAL NOTES /A'TE/9R LALE 5EE LI' 5
74
1 c --- -=-- = -- -
s1
4--
. '
•' •/4 - '.-•--. I
/ t3-.3~. WELL
'0
L "G1LV P/FE
rt\j (2')
5C4LE r::r -74
7 74
5ECT/ON;
-- 3C4L E / '- 0" 74
: I
//ELL P'iEk'
74
-
f - 4t 4
HANDRAIL
11/2 GALV PIPE
A-L
.41
74
1r_
I. The contractor shall verify all dinisnuirni in the field and shall coordi-
nate the work of all other trades.
2. All details, notes and references marked Typical" shall be used unless
otherwise shown.
3. All materials and orkanship shall cmply with the Jnif ni Building Cde
Latest editi:in.
CON GRETE:
I. All concrete shall be of 150 lb per cu ft dry density and shall attain
minimum compressive strengths at 28 days and shall contain maximum size
coarse aggregate as follows:
Item Strength Aggregate
(pst' (inch)
a• Reservoir Walls 4,000
b. Lrestressed i-king Beams 4,000 sand only
C. Precast Roof -dabs 31 000 3/8
Roof Slab, Golumns, Interior Slab
on Grade 2 000 3/4
Footings 1,000 1-1/2
r. All Other Goncrete 2,000 3/4
1. The mix for 3,000 and 4,000 psi concrete shall be made by an approved
testing laboratory and the average 28 day compressive strength of 4
cylinders, taken and tested from this mix per ASTM C 39, shall exceed
,750 psi for 3,000 psi concrete and 5,000 psi for 4,000 psi concrete.
,. The mix for 2,000 psi concrete shall consist of 1,360 lb dry sand to
1,550 lb of 3/4 inch maximum size graded rock to 5 sacks cement to maxi-
mum 37 gallons of water.
4. Cement shall be Portland Cement, Type I or ii, per ASTM C 150.
5. Aggregates shall be per ASTM C 33.
6. See Specifications for admixtures to be added to 3,000 and 4,000
psi concrete.
7. See Specifications :or tests, forms, mixing, placing, curing and fini-
shing.
EL4YORCIMC STEEL:
I. Except as otherwise indicated on the drawings, all reinforcing shall be
new, blue', bars, in:ermedlate grade per ASTM A 615, Grade 40. Welded
fabric shaU be per ASTM A 18.
2. A I bars sia e free !ror kinks or bends except as deta..led and shall
be tree fror a aterial which would tend to reduce the bond. Bars
shall -e f1rni1 aired, spaced and tied in positio- a: tne time concrete
is placed. Aluminum chairs and concrete blocks shall not be used as
chairs or spacers except that concrete blocks with lute al tie wires
may be used or slabs on grade.
SECT/ON j/\,
3 CA L E J-" =/'-O*
3. Minimum clear cover over reinforcing bars shall be as follows:
a. Concrete against earth, formed ........2"
h. Concrete against earth, unformed .......3"
C. Concrete on inside face of any parts of struc-
ures exposed to moist material or humid
atmosphere ....................
d. Walls, inside face ..............2"
outside face ..............1-1/2
R. -eams, sides and soffi ............2'
I. Slabs, soffit .................2"
top ..................3/4 11
g. Columns, sides ................2
)). Prestressing wire ...............3"
4. Weldi:i of reinforcing si:al be done 'i' w-h-;d:-oge' electrodes.
STRUCTURAL AND MISCELLANEOUS STEEL:
I. Steel shall be new and shai onlorr 'o ASTM A 3€. S:eei s:rictiral
pipe shall he Grade B, searless, per ASTM A '3. ugh strength bolts
HT'; shall he per ASTM A 32c.
All details of design, fabrication and erection shall be i- conformance
with the latest revisions of the A.1.S.C. "Specifcation for the Design
Fabrication and Erection of Structural Steel for Building," and "Code of
Standard Practice for Steel Buildings and Bridges."
All shop and field welding shall be done in accordance wit' latest pro-
cedures as prescribed by the American Welding Socie'v. All welders shall
be certified. Welds shall be made wi t h A233 Class E70 series electrodes
or by submerged arc welding Grade SAW-2.
Steel sha'l he hot -dip galvanized afer fabriratioi.
SOIL:
Soil conditions at the site are described in a report as follows.
Prepared by Woodward-Clyde & Associates
Dated November 12, 1969 Report No. 69-263
All footings shall be carried to depths Indicated on the drawings or a
minimum of 10 inches into firm undisturbed soil.
Design bearing pressure under total load is 6,000 psf.
PRESTRESSING:
I. Steel for prestressing shall be either:
a. Twisted wire strand per ASTM A 416, 270g, galvanized before la\i';
h. Cold drawn, stress relieved high tensile wire per ASTM A 421, 240K,
galvanized;
C. Seismic cables: Twisted wire strand per ASTM A 416, 240K, 0.600
inches diameter, galvanized before laying.
2. Forces shown on the drawings as Fe are final, effective forces atrer pre--
stressing and shall be those forces remaining after all stress losses die
to relaxation, shrinkage, creep, anchorage or other.
3. Prior to prestressing the contractor shall submit a complete stressing
procedure, showing:
Initial stressing forces.
Identification and magnitude of all losses.
C. Construction and stressing sequence.
Initial and final anchorage details.
Complete details of all embedded hardware, including hearing plates
and other.
4. The contractor shall maintain a continuous record of stressing forces and
shall submit one copy of this record following completion of stressing
operations and prior to covering stressing steel.
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PROJECT ENGINEER / • C. E. No. DATE
,e i
OFFICE MANAGER C. E. No. DATE
DGN, R B F DWN. CHKD.RBF
IN C. ENGINEERING - SCIENCE,
ENGINEERS AND CONSULTANTS
3260 -5 ROSE C R A N S STREET SAN DIEGO, CALIFORNIA 92110
WATERSYSTEMIMPROVEMENTS
RESERVOIR GENERAL NOTES
AND TYPICAL DETAILS
(714) 224-3618
VS -G -05 -0240,
CITYOFCARLSBAD,CALIFORNIA SHEET74OF
APPROVED: 92 SHEETS lIAR 31 1971
.01 -0 11 Z'", oo,/
'0?0j_C;r/V0.
69 - 20
CITY ENGINEER R.C. E. No. 15068 DATE DWG. NO.
-9
FI
1" j.'
BRA CA ET
r WA TE 75 TOP
Appendix F
CARB Fleet Compliance Certification
City Attorney Approved Version 12/14/2023
DISCLOSURE & SUBMITTAL REQUIREMENT VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT. This Project is subject to the following regulation(s) by the California Air Resources Board. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all equipment and vehicle emission requirements under this Contract and applicable law in its Bid. ADVANCED CLEAN FLEETS.
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
Bidders utilizing subcontractors shall provide a signed certificate of reported compliance for each listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its
subcontractors must be registered as compliant fleets at the time of bid submittal. In the event that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4. Failure to certify as a compliant fleet or provide an attestation to an exemption, may render the bid non-responsive. IN-USE OFF-ROAD DIESEL-FUELED FLEETS. Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the
In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation.
Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed
subcontractor in the space provided in the Proposed Subcontractors form. Bidders are responsible for including a certificate of reported compliance for each identified subcontractor. Failure to submit valid certificates may render the bid non-responsive. GENERAL COMPLIANCE WITH LAWS. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
City Attorney Approved Version 12/14/2023
Contractor is aware of the requirements of the emissions reduction regulations being mandated
by the California Air Resources Board (“CARB”) and that it will comply with all applicable regulations before commencing the performance of the work and maintain compliance throughout the duration of this Agreement. CALIFORNIA AIR RESOURCES BOARD. The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road
Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf
Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must
complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the California Air Resources Board (“CARB”) regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”), fuel/refueling records, maintenance records, emissions records, and any other information the
Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City of Carlsbad. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and
hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
City Attorney Approved Version 12/14/2023
FLEET COMPLIANCE CERTIFICATION.
Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption
has been attached hereto.
□ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and
records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification.
Name of Bidder:
Signature:
Name: Title: Date:
Exhibit 3
Sept. 30, 2025 Item #1 Page 7 of 7
ELM RESERVOIR
SKYLINE RESERVOIR
SKYLINE RESERVOIR
ELM RESERVOIR
5024-3
ELM AND SKYLINE STEEL WATER RESERVOIR
COATING PROJECT 3
Docusign Envelope ID: B76BAA49-2D96-4F06-B9DF-65D68CE39D48