Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
TC Construction Company Inc; 2026-05-12; PWS26-4074UTIL
PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 1 of 96 CONTRACT PUBLIC WORKS In accordance with the Declaration of Local Emergency for Repairs to the North Batiquitos Interceptor (NBI) Ponto Sewer Pipe in the City of Carlsbad, California on April 30, 2026, and Carlsbad Municipal Code §§ 3.28.110 and 3.28.120, this agreement is made this ____________ day of ____________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and TC Construction Company, Inc., whose principal place of business is 10540 Prospect Ave, Santee, California 92071 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: NORTH BATIQUITOS INTERCEPTOR PONTO SEWER PIPE REPAIR (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, Designation of Subcontractors, 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 City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. Because the work is an emergency repair, all compensation for Contractor's performance of work under this Contract shall be per section 3-3 EXTRA WORK 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 Contractor will be compensated on at time and material basis as shown in Exhibit D. The City shall withhold retention as required by Public Contract Code Section 9203. 5. 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 City, in writing, of any: Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 12th May PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 2 of 96 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. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 6. 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. 7. 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. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 3 of 96 Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. 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'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 Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 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 City. (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. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 4 of 96 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 City 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 City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) 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 City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) 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 City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) 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 City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) 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 City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. ' (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.i_ init ~ 11. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by ceriified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 12. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 13. Security. Securities in the form of cas~1. cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 14. 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 l'\ •+; Revised 6/12/18 Contract No. 5503-27 Page 5 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL 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. 15. 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. 16. 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. NOTAR.IP.L ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED • (CORPORATE SEAL) CONTRACTOR: By: By: -.__,,...Jµz:;.:;_.._;.__..,__==-..,,.c=,~----- ..el,&, S.ec l\.e.A-~ (print name and title) (__ CITY OF CARLSBAD a municipal corporation of the State of California By: GEOFF PATNOE, City Manager ATTEST: SHERRY FREISINGER, City Clerk 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 City Attorney By:------------Assistant City Attorney {'\ • ., Revised 6/12/18 Contract No. §_503:1Z Page 6 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of s c; a o,--es G } On -~--=-+-J \-f-\ )_,_2 V~_ before me, '( C'.l ~ ~ ~bD~, I\Jo-\-c.C'L @~,~~ Date Here Insert Name and Title of the oNieler personally appeared --A--~--=+_._·-=-, V\___,___......,C_¼,q..:....:m_'.....,e-'NY)'---='---'-~, _-:S--=-c......::.c.,-=.,,,t"'-------3,G!e.-'l'----'P'-£f.,_,___..e-==/s...,_ ___ _ Name(s) of Signer(s) -------------------------------------· who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~ubscribed to the within instrument and acknowledged to me that he/sh~xecuted the same in his/h~ authorized capacity(ies), and that by his/h~ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: C Od ~+: Q~\L.L-'--'(),'CS Document Date: No O c..4-e...-Number of Pages: Ci le Signer(s) Other Than Named Above: G { ~~ rc.A,.n o.e.. I sb.a.rcz..:FN4'1·t\~. c·\...,d l€. Capacity(ies) Claimed by Signer(s) ~ M O'\-\C.\-'i O Signer's Name: AV'->+~".".) ~o/) lCO() Si9ner's Name:J: ,cJ.t b \ R±t..e l \ )( Corporate Officer -Title(s): 01', t ~ \l.l ev) +=: ,P(Corporate Officer -Title(s}Se Cr,.eA--9'.)c □ Partner -□ Limited □ Ge~'eral □ Partner -□ Limited □ General L □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ______________ □ Other: _____________ _ Signer is Representing:"1::C. ~ Signer is Representing: :t__,_..,,.L""-----'C=--oG-\_S ____ _ ©2019 National Notary Association Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 ,\.\I.I PWS26-4074UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of Hie total bid, and the portion of the Project which will be done by.each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If.no supcontn,1ctors are to be employed on the project, enter the word "NONE". • ' \,' '. SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract E..mo_r~QnlM ·eo/\4r~~ Su\os T8' D ... I Total % Subcontracted: __ T_i_l> __ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. {'\ • ., Revised 6/12/18 Contract No. 9.503-27 Page 7 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Bond No. 024292617 Premium Included in Performance Bond PWS26-407 4UTI L Executed In Duplicate EXHIBIT B LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to TC Construction Company, Inc., (hereinafter designated as the "Principal"), a Contract for: NORTH BATIQUITOS INTERCEPTOR PONTO SEWER PIPE REPAIR in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. 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, TC Construction Company, Inc., as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum ofhundred thousand 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 City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. *Four Hundred Sixty Five Thousand Eighty and 00/100 Dollars ($465,080.00) 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 of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {'\ •;;' Revised 6/12/18 Contract No. 5503-27 Page 8 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-407 4UTI L 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. 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 _?..;...th ____ day of ___ M_ay,,___ ____ _,, 20 26 TC CONSTRUCTION COMPANY, INC. (SEAL) (Principal ( Avo ~l.v\ C CW'\ ec<)ll I () N,S ~ J..M-\-- (Print Name & Title) 'f Liberty Mutual Insurance Company (SEAL) _ ~ (Surety) By: / 0 (Signature) Lawrence F. McMahon, Attorney-in-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ___ __,,,....,...._,.....,,.,... ______ _ Assistant City Attorney ., \.t' Revised 6/12/18 Contract No. 5503-27 Page 9 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California . } County of s~I[\ 0 \ ~ 0 On CS) ll('.d\o before me, 'h,·l~~ \,k\in~, Iva~ Q0o\~L. Date Av . H~sert Name and Title ~icer personally appeared ----~-____,__-~ ___ v'\_~U=C..:~m~e~C'OC\~~----------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa~~it:----,.+,t.::=---~----- OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: Lc....bo, ..e mc..+-.e.n.~\ b.;:;A<J Document Date: 5} 7) d \o Number 9f Pages: _4~-- Signer(s) Other Than Named Above:LC..W(\et1<-e, Mc,V'Y\ t..h. '.¥) I c\Y1 c,t t L V'v1()"Yl<.Yl 9':J Capacity(ies) Clai,{m~~by Signer(s) Signer's Name: ~V\ CC.m lf\.Y) blcorporate Officer -Title(s): l),vc;,.i.,.,,uo+- □ Partner -□ Limited □ Gen~ral □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing:f: C C 0-:)'.)-\-- Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: ________ _ 8'§lffil'l~§l§llH:OO!S~ffi1l~~Hi~~~[OOil~DJ~ffl1l!B~~DJITTl@:§l§l~~-~ITTl®:00~~ ©2019 National Notary Association Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California S County of an Diego on May 7, 2026 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ', (Seal) Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 ~Lihertx '11Mutuat SURETY POWER OF ATTORNEY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8213991 -024019 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authortty herein set forth, does hereby name, constitute and appoint, Christopher Conte, Dale G. Harshaw, Geoffrey Shelton, John R. Qualin, Lawrence F. McMahon, Lilia De Loera, Maria Hallmark, Minna Huovila, Natassia Kirk-Smith, Ryan Warnock, Sarah Myers, Tara Bacon all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authortzed officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of May , 2025 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company I .~11----0 _ e:! .._____ ..__,_.---Nathan J. Zange~e. Assistant Secretary g ~ :a cu State of PENNSYLVANIA ss ·-::, (!? 5J County of MONTGOMERY .§ E ~ ~ On this 6th day of May , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ a, ~ cu Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§ g ~ > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g! ~ ~ ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. §~ ~w ~o 0 e:? r:c----,.,.--:-0,----c,--,--,:---,-,, -::i:: -Commonwealth of Pennsylvania -Notary Seal >,..... a,• 0 Teresa Pastella, Notary Public ,,/---... " a, 'ffi Montgomery County (I/~ ~ . . 1 /J -I-.I J E E 0 2 My commission expires March 28, 2029 By: ~ ~ ~ a, c_ e:! Commission number 1126044 TeresaPastetta, Notary Public <( ..._ Q) ...,. ,i,=.l\lsy1-~I' ,fi Member, Pennsylvenla Assoclallon of Notanes ..,_ 0 c,W ~r,q/'iY p\J(?,V oO roe:? .... ~ .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authortzations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ .E_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: fr.~ ..._ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 5 ~ .E e:! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ,:; ..-;g l;' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi ~ ~ ~ any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -o rl 0 I:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § a, z i3 Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authortty granted to any representative or attorney-in-fact under the ~ la provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ,! ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appeartng upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the under~igned, Assistant.Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of whic!l the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ay of May 2026 LMS-12873 LMIC OCIC WAIC Multi Co 02/24 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Bond No.024292617 Premium: $4,521.00 SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Executed In Duplicate PWS26-407 4UTI L EXHIBIT C FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to TC Construction Company, Inc. {hereinafter designated as the "Principal"), a Contract for: NORTH BATIQUITOS INTERCEPTOR PONTO SEWER PIPE REPAIR 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 City Clerk of the City of Carlsbad, 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, TC Construction Company, Inc., as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the said sum*being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. *Four Hundred Sixty Five Thousand Eighty and 00/100 Dollars ($465,080.00) THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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. ("\ •+' Revised 6/12/18 Contract No. 5503-27 Page 10 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-407 4UTIL 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 _7t_h ___ day of __ M'--a...._y _____ _,, 20 26 re CONSTRUCTION COMPANY, INC. (SEAL) By: ~· ~-. . e---------- 7slinatre) Av~V'\CC.."1'.eJXY\, ~N~-l~-t' (Print Name & Title) Liberty Mutual Insurance Company (SEAL) By: */(Surety) (Signature) • Lawrence F. McMahon, Attotney-,in-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: ---,--,-.,---~,,.--,....,..,.....-----Assistant City Attorney ., \.+; Revised 6/12/18 Contract No. 5503-27 Page 11 of 96 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California _ County of s ~\I\ O\t:S a On 5l llj;) l,o Date } \c,·~sb ~b.S,N9:\--t?\~O~ll(__ Here Insert Name and Title of the Officer \ before me, personally appeared __ .....,A'---''-v_~_:;__+-\.,_•-'--i-:-)____,____,.C_._,S.-'-'-Yy)__.__,__,-€"-/\0(}---='-'--l...-------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········1 KRISTY L. HOBBS Notary Public • Californt~ San Diego County f Commission II 2537242 - y Comm. Expires Oct 30, 2029 I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal and/or Stamp Above :~Tn~)~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Fe-.'~ h:(\.,,l ~ e r+oc:-rv\ w,.,}vvc. {'{' Cv,41::: k::X)A4 Document Date: ~(3:-)a lP Number of Pages:__,l/c__ __ Signer(s) Other Than Named Above: L, W C"''2/1Le..,, W\CYvlt.kY) ...(. C1-1 Cl Le,. VVlC ~c..r-o Capacity(ies) Cl~e~ by ~igner(s) Signer's Name: ~;)'¼-\---1 ((:,\y) &:P() }{.corporate Officer -Title(s): Q N ~\.,1 .a-:i{;: □ Partner -□ Limited □ Gen~ral Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -D Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: Signer is Representing:--::t:C COr\ s+-□ Other: Signer is Representing: ________ _ l§;®ffll'l§lfil[li:@il~OO!@!@i:l!ffl:l!~~Uj)lfOOO§:~!B~~ll:ffll§:,§i§;ffii~ffi1€1il!ffli§:@mffll.l'iffl!o;ffl)ll~~~-! ~~ ©2019 National Notary Association Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 5 . County of an Diego ) on May 7, 2026 before me Minna Huovila, Notary Public '------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n r-· ',)/ r() Signature ~/ (Seal) Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 ~LihertJ, \P Mutuat SURETY POWER OF ATTORNEY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8213991 -024019 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Christopher Conte, Dale G. Harshaw, Geoffrey Shelton, John R. Qualin, Lawrence F. McMahon, Lilia De Loera, Maria Hallmark, Minna Huovila, Natassia Kirk-Smith, Ryan Warnock, Sarah Myers, Tara Bacon all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this -2!!!._ day of May , 2025 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company I ___ .... .....--"-~ ----c~-.,, 1~1 f_____ l! _ e:! Nathan J. Zangerle, Assistant Secretary c .z :t: co State of PENNSYLVANIA ·-::, ~ 5, County of MONTGOMERY ss .§ E ~ ~ On this 6th day of May , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ Q) ~ co Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§ ,g ~ > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. %? ~ ~-.g IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. <i:50 (I) c·-0 co ID ~--------~ ~~ .Q "-Commonwealth of Pennsylvania -Notary Seal >,_ (I)• 0 Teresa Pastella, Notary Public ,,/--..... i Q) 'iij Montgomery County {I/, ; . _ 1 // ../--ti J E E O .2? My commission expires March 28, 2029 By: .,_c...~--=-...,...,,......,.,....,.~---::-:-,::-------------I O Q) (l)c_ ~ A.~•·sv"'~~•:s:r· Commlsslonnumber1126044 Teresa Pastella, Notary Public <.._:t:: o __ r~ •~i l-,..,.r: ~ Member, Pennsylvania Association of Notanes C> !/l OJiinv pu~v O 0 co~ ..... ~ .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual j ~ ~ • '=_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: &,. ~ ,_ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 0 ~ S e:! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ~ ..-;g i:;' President may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi ~ g? ~ any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -o rJ 0 t:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § Q) z a instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. • IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ay of May 2026 /?-~.~ By:~.,,_~~,.,.....;-~~~-~-------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/24 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 12 of 96 EXHIBIT D NORTH BATIQUITOS INTERCEPTOR PONTO SEWER PIPE REPAIR The Contractor shall provide all labor, materials, tools, equipment, and services to excavate, cut and remove approximately 37 lineal feet of the existing damaged 27-inch diameter vitrified clay pipe (VCP) sewer and replace with new 27-inch diameter VCP sewer; and all incidental work including, but not limited to utility location and protection; site access preparation; groundwater dewatering plan and implementation; temporary sewer by-pass system design and implementation; stormwater and non-storm water pollution prevention; excavation support systems, NCTD railroad right of entry permitting and training; special soil handling of top soil layer, removal and replacement; site restoration and fence repair. All work shall conform to the City of Carlsbad Engineering Standards and the latest edition of the Standard Specifications for Public Works Construction (Greenbook). Contractor shall assume all responsibility for location and avoidance or repair of all underground utilities, including, but not limited to, gas, water, electric, cable TV, telephone, sanitary sewer, and storm sewer. If the contractor fails to adequately protect the utilities, any resulting damage shall be repaired at Contractor's cost. Contractor shall assume all responsibility for safety during performance of the work. Excavations shall be shored, existing infrastructure will be protected and secured, and workmen protected in accordance with OSHA and all other applicable federal, state, and local regulations. Contractor shall conform to the rules and regulations of the State Construction Safety Orders pertaining to excavation and grading. JOB QUOTATION ITEM NO Description Unit Quantity Unit Price Total Amount 1 Mobilization and Preparatory Work T&M 1 $20,000 $20,000 2 Traffic Control Plan Preparation, Implementation and Maintenance T&M 1 $12,000 $12,000 3 Tier II SWPPP Preparation, Implementation and Maintenance T&M 1 $45,000 $45,000 4 NCTD Right of Entry Permit, Training and Railway Protection T&M 1 $60,000 $60,000 5 Excavation Support System T&M 1 $4,000 $4,000 6 Sewer By-Pass System T&M 1 $125,000 $125,000 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 13 of 96 7 Groundwater Dewatering Permitting and Plan T&M 1 $7,000 $7,000 8 Groundwater Dewatering implementation T&M 1 $33,000 $33,000 9 Utility Potholing and Locating T&M 1 $12,000 $12,000 10 Soil Handling (Remove, Stockpile, and Replace upper 12-inches) T&M 1 $12,000 $12,000 11 Site Access Preparation and Steel Plating T&M 1 $10,000 $10,000 12 Demolish and Remove Existing 27-inch Sewer T&M 37 LF $825 $30,525 13 Furnish & Install 27-inch VCP Sewer Main T&M 37 LF $2,015 $74,555 14 Over Excavation and Backfill T&M 24 CY $500 $12,000 15 Remove and Replace Existing Chain Link Fencing T&M 1 $8,000 $8,000 TOTAL* $465,080 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 14 of 96 GENERAL PROVISIONS FOR NORTH BATIQUITOS INTERCEPTOR PONTO SEWER PIPE REPAIR CITY OF CARLSBAD 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 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 15 of 96 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. 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. 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. City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments. 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. 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 from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 16 of 96 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 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. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and 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. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. 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. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. 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. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 17 of 96 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 Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. 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. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 18 of 96 Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”. State – State of California. 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. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. 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, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 19 of 96 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 ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ....................................Closed Circuit Television CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMP ......................................... Corrugated Metal Pipe 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 20 of 96 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 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 PACP…… Pipeline Assessment Certification Program 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 21 of 96 ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA .................................... Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ....................................................................American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA................................................................. American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHWA.............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters’ Laboratories Inc. USGS ............................................................................. United States Geological Survey 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 PWS26-4074UTIL Revised 6/12/18 Contract No. 5503-27 Page 22 of 96 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 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 23 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 24 of 96 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 City Council 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. 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. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 25 of 96 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 Plans 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, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. • City of Carlsbad Plan and Profile Ponto pipe segment repair DWG 555-8 • Ponto Sewer Main Phase II STA 49+00 to STA 61+00. Sheet 6 of 10, DWG 163-4 The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 26 of 96 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 on the Plans, 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 Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law a) Encina Wastewater Authority Dewatering Discharge Permit b) NCTD Right of Entry and Access Authorization permits c) Waters End Entry Permit Jurisdictional agencies permits applicable to this project include: i) San Diego Regional Water Quality Control Board Notice of Applicability, Enrollment Under the Statewide General Waste Discharge Requirements for Dredged, Water Quality Order No. 2004-0004-DWQ for the Ponto Sewer Manhole Rehabilitation Project (SDWB Order No. R9-2025-0109) ii) iii) Change orders, whichever occurs last. 2. Contract addenda, whichever occurs last. 3. Contract 4. Plans. 5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6. Standards plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. e. Traffic Signal Design Guidelines and Standards. f. State of California Department of Transportation Standard Plans. g. State of California Department of Transportation Standard Specifications. h. California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. Standard Specifications for Public Works Construction, as amended. 9. Reference Specifications. 10. Manufacturer’s Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 27 of 96 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. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The 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. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) 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.” By: __________________________________ Title: ______________________________ Date: ________________________________ Company Name: ______________________________________________________________ 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 28 of 96 Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 29 of 96 5. Confined Space Entry Program per 7-10.4.4. 6. 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. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 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 analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The 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 date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 30 of 96 When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, 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. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 31 of 96 is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description Centerline or Parallel to Centerline Spacing, Lateral Spacing , Setting Tolerance (Within) Street Centerline SDRS M-10 Monument 1000’, Street Intersections, Begin and end of curves, only when shown on the plans on street centerline 0.02’ Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, 50’ on tangents & 25’ on curves, Painted line - continuous at clearing line 1’ Horizontal Slope RP + Marker Stake Intervisible and 50’ Grade Breaks & 25’ 0.1’ Vertical & Horizontal Fence RP + Marker Stake 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’ N/A (constant offset) 0.1’ Horizontal Rough Grade Cuts or Fills 10 m (33’) RP + Marker Stake 50’ N/A 0.1’ Vertical & Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ 22’ 3/8” Horizontal & 1/4” Vertical Asphalt Pavement Finish Course RP, paint on previous course 25’ or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks 3/8” Horizontal & 1/4” Vertical Drainage Structures, Pipes & similar Facilities, RP + Marker Stake intervisible & 25’, beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate 3/8” Horizontal & 1/4” Vertical Curb RP + Marker Stake 25’, BC & EC, at ¼, ½ & ¾ on curb returns & at beginning & end (constant offset) 3/8” Horizontal & 1/4” Vertical Traffic Signal Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller RP + Marker Stake at each pole & controller location as appropriate 3/8” Horizontal & 1/4” Vertical Junction Box RP + Marker Stake at each junction box location as appropriate 3/8” Horizontal & 1/4” Vertical Conduit RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where grade 0.30% as appropriate 3/8” Horizontal & when depth cannot be measured from existing pavement 1/4” Vertical Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 32 of 96 Feature Staked Stake Description Centerline or Parallel to Centerline Spacing, Lateral Spacing , Setting Tolerance (Within) Minor Structure RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression as appropriate 3/8” Horizontal & 1/4” Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake 50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical & Horizontal Wall RP + Marker Stake + Line Point +Guard Stake 50’ and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height as appropriate 1/4” Horizontal & 1/4” Vertical Major Structure Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8” Horizontal & 1/4” Vertical Superstructures RP 10’ to 33’ sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8” Horizontal & 1/4” Vertical Miscellaneous Contour Grading RP + Marker Stake 50’ along contour line 0.1’ Vertical & Horizontal Utilities , RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where grade 0.30% as appropriate 3/8” Horizontal & 1/4” Vertical Channels, Dikes & Ditches RP + Marker Stake intervisible & 100’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1’ Horizontal & 1/4” Vertical Signs RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1’ Vertical & Horizontal Subsurface Drains RP + Marker Stake intervisible & 50’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate 0.1’ Horizontal & 1/4” Vertical Overside Drains RP + Marker Stake longitudinal location At beginning & end 0.1’ Horizontal & 1/4” Vertical Markers RP + Marker Stake for asphalt street surfacing 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’. At marker location(s) 1/4” Horizontal Railings & Barriers RP + Marker Stake At beginning & end and 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ at railing & barrier location(s) 3/8” Horizontal & Vertical AC Dikes RP + Marker Stake At beginning & end as appropriate 0.1’ Horizontal & Vertical Box Culverts 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8” Horizontal & 1/4” Vertical Pavement Markers RP 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) 1/4” Horizontal Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 33 of 96 Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table Perpendicular to centerline. Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Survey Stake Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, alignments, etc. White/Red Vertical Control Benchmarks White/Orange Clearing Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 34 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 35 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 36 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 37 of 96 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. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 38 of 96 (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 The contractor shall submit a detailed summary of all work performed including payrolls during the invoiced hours, sufficient for the Engineer to verify the on-site and off site work. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 39 of 96 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; 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 40 of 96 The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” 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, Construction Management & Inspection 4. City Engineer 5. City Manager 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 City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 41 of 96 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 42 of 96 (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 43 of 96 of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 44 of 96 (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 45 of 96 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 46 of 96 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 18 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 the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 47 of 96 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 furnish approved material from other approved sources. If any product proves unacceptable after Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 48 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 49 of 96 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 standard engineering principles and practices and to ensure public value, the Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 50 of 96 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 51 of 96 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 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. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 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: 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 52 of 96 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. 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 provided in the Standard Specifications for Public Works Construction. 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. 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 53 of 96 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, sewer bypass operations, testing and inspections, and project completion. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 54 of 96 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 one (1) calendar day 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 Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the 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. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 55 of 96 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 56 of 96 6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 57 of 96 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. 6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 58 of 96 6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 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. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 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. 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 of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 59 of 96 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 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 60 of 96 If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The 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 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 20 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 other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 61 of 96 Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7 a.m. and 4 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve 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 in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will possibly require after hours and weekend work on an interim basis to accomplish the work. 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. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer 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 completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" 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 one year 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 62 of 96 6-9 LIQUIDATED DAMAGES. Liquidated Damages shall not be assessed by the Agency. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 63 of 96 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.” Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 64 of 96 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, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, NCTD, 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, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 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. 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. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 65 of 96 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 the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 66 of 96 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 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 therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A Tier 2 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix “A”, for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. Refer to Section 300-12. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 67 of 96 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. The Contractor shall submit a Dewatering Plan and related supporting information detailing its proposed plan and methodology of dewatering, 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 4. the proposed disposal locations, and 5. any other information required by the jurisdictional agency. 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. 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. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 68 of 96 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 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 of existing conditions shall be completed within 5 days of the Notice to Proceed. 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. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 69 of 96 Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Republic Services at 760-332-6464. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 70 of 96 The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. 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, flagpersons, 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 ............................................................................ 442-339-2505 2. Carlsbad Fire Department Dispatch .......................................... 442-339-2197 3. Carlsbad Police Department Dispatch ...................................... 442-339-2197 4. Carlsbad Traffic Signals Maintenance (extension 2937) ........... 442-339-2980 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. 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. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 71 of 96 shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than two (2) feet, nor operate equipment within five (5) feet from any traffic lane occupied by traffic. For equipment the five (5) feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 72 of 96 Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 73 of 96 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. 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 74 of 96 shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 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.” Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 75 of 96 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A facility for agency personnel is not required. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 76 of 96 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. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 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 it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 77 of 96 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 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 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 78 of 96 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, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No 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. 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 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 79 of 96 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. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 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; providing on-site sanitary facilities; posting OSHA requirements and Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 80 of 96 establishing safety programs, demobilization and any other work or services not included in any other bid item. This work also includes the cost 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. 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. Mobilization The contract price paid for this bid item shall constitute payment for all mobilization work in accordance with Section 9-3.4.1, and performing all work required for preconstruction video and photographs in accordance with 7-9.1 and all other work necessary to complete this item of work as described in the Contract Documents. Traffic Control Plan Preparation, Implementation and Maintenance The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment and services to prepare traffic control plans and implement the temporary traffic control systems necessary to complete all phases of work in accordance with Section 601. The work area is located within NCTD Right-of-Way, Pedestrian Trail, and within the gated community of Waters End Homeowners Association. The traffic control plan shall incorporate necessary controls and devices within NCTD, closure of the Pedestrian Trial, and as required within the private community. Tier 2 SWPPP Preparation, Implementation and Maintenance The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to submit for approval, implement, maintain, report, document, and amend as necessary a Tier 2 Storm Water Pollution Prevention Plan per Section 300-12. NCTD Right of Entry Permit, Training and Railway Protection The contract price paid for this bid item shall constitute payment for all work associated in the NCTD right-of-way including, but not limited to, submitting construction documents and obtaining a Right of Entry and Access Authorization Permit, paying permit and inspection fees, flagging, Roadway Worker Protection (RWP) Training, and compliance with permit requirements. Excavation Support System The contract price paid for this bid item shall constitute full compensation to furnish and install sheeting, shoring, bracing, or equivalent method of support for excavations for the protection of life or limb which shall conform to applicable safety orders and the requirements of 7-10.4.1. This includes, but is not limited to, the preparation and submittal of a detailed plan showing the design of shoring, bracing, or other provisions to be made for worker protection from the hazard of caving ground in or adjacent to trenches or open excavations, and acceptance of said plan by the Engineer, in accordance with California Labor Codes 6705 and 6707. If such plan varies from the Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 81 of 96 excavation support system standards of CCR, Title 8, Section 1541.1, the plan shall be prepared by a California registered civil or structural engineer. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety. This bid item shall also include obtaining any required permit from the State Division of Industrial Safety. Sewer By-Pass System The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to design, install and maintain temporary sewer bypass system during construction in accordance with the Contract Documents. The price paid shall include, but is not limited to, design and submittal of a sewer bypass plan; all connections, piping, redundant pumping units; fittings, plugs and vactor services; security; temporary asphalt (cold mix); protective barriers, ramps or plating; testing and maintenance of the system for the duration of the work; applying for and obtaining all required SDAPCD permits for sewer bypass temporary generators as required in Specification 02960 – Temporary Bypass Pumping; implementation and removal of the system upon completion of work; and site restoration. Sewer bypass plan shall be designed to provide full system redundancy for required bypass flows. Groundwater Dewatering Permitting and Plan The contract price paid for this bid item shall constitute full compensation to furnish all labor and services to design and permit a groundwater dewatering system in accordance with the Section 7-8.6.1 Dewatering and the Contract Documents. The price paid shall include, but is not limited to, the submittal of a dewatering plan. Ground Water Dewatering The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to install, implement operate and maintain a temporary groundwater dewatering system in the event groundwater is encountered within the trench zone during construction, in accordance with Section 7-8.6.1 Dewatering and the Contract Documents. The price paid shall include, but is not limited to; furnishing and installing all materials and systems per the groundwater dewatering plan; system testing and maintenance for the duration of the work; furnishing, installing and material materials supporting the system (i.e: temporary asphalt (cold mix); protective barriers, ramps or plating, etc.); redundant pumping unit; sedimentation or desilting/storage basin, security; disposal of all dewatering discharge; removal of the system upon completion of work and site restoration. Utility Potholing and Locating The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, standby inspection as required for existing 12-inch So Cal Gas, and incidentals to locate existing utilities within the site by performing exploratory excavations at proposed connection points and where existing utilities cross the proposed trench zone; verifying utility type, size, material and depth; backfilling; pavement restoration and submitting a utility log report for approval in accordance with Section 5-1. Material and size for all utilities requiring in-kind replacements (Existing 27-inch VCP Sewer) shall be verified prior to ordering materials. All other exploratory utility excavations shall be completed a minimum of two weeks prior to connections or trenching at the crossing point. Soil Handling (Remove, Stockpile, and Replace upper 12-inches) The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to handle soil excavation in the top layer of the Vernal Pool Preserve in accordance with the Contract Documents. This bid item shall include removal, stockpile, salvage, and replacement of the upper 12-inches of soil in-kind and to the satisfaction of the City. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 82 of 96 Placement of soil shall protected and placed on ply wood and/or other approved materials suitable for temporary salvaging and replacement in kind, and all incidental work. Site Access Preparation and Steel Plating The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to provide site access and steel plating in environmental areas of the Vernal Pool Preserve in accordance with the Contract Documents and as directed by the city. This bid item shall include methods and materials to minimize disturbance and protect undisturbed areas and all incidental work. Demolish and Remove Existing 27-inch Sewer The contract price paid for this bid item shall constitute full compensation for furnishing all labor, materials, and equipment for removal of existing sewer pipelines, manhole adapters, and appurtenances in accordance with Carlsbad Standards Section 15000 and the Contract Documents. Furnish and Install 27-Inch VCP Sewer The contract price paid for this bid item shall constitute full compensation for all labor, materials, and equipment to furnish and install pipe of the specified sizes and types and to the limits specified on the Plans and in accordance with CSD S-5 and the Contract Documents. This bid item shall include demolition and disposal of existing pipes, removal and disposal of abandoned pipes; excavation; dewatering and any required water disposal; placement and compaction of imported pipe zone bedding and backfill and trench zone backfill; pipe; gaskets, manhole adapters, transition couplings; filter fabric, placement of imported crushed rock bedding and pipe zone backfill; and placement and compaction of trench backfill, utility warning tape, testing, disposal of surplus materials, and all incidental work. This bid item does not include soil handling and trench surface restoration which is measured and paid for under a separate bid item. Testing of Gravity Sewers and Post CCTV inspection shall be per City Standard Spec Section 15043. Over-Excavation and Class II Backfill The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to over-excavate the pipe zone of the existing sewer to the depth detailed on the plan and to backfill and compact class II aggregate base. The bid quantity has been determined by the maximum allowable trench width per CSD S-5. No additional compensation will be provided for increased trench widths resulting from contractor means and methods. Removal and Replace Existing Chain Link Fencing The contract price paid for this bid item shall constitute full compensation to furnish all labor, materials and equipment to replace in-kind existing chain link fencing disturbed, removed or damaged by construction. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 83 of 96 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Replace this subsection in its entirety with the following: Materials for use as untreated base or subbase shall be classified in the order of preference as follows: a) Class II Aggregate Base conforming to Caltrans Standard Specification, Section 26: Aggregate Bases, Subsection 26-1.02B Class II Aggregate Base, ¾” maximum size. b) Crushed Miscellaneous Base conforming to subsection 200-2.4. When base material without further qualification is specified, the Contractor shall supply Class II aggregate base. When a particular classification of base material is specified, the Contractor may substitute any higher classification of base material for that specified, following the order of preference listed above. All processing or blending of materials to meet the grading requirement will be performed at the plant or source. The materials shall compact to a hard, firm, unyielding surface and shall remain stable when saturated with water. Add the following section: 200-2.2.4 Class II Aggregate Base. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Operating Range” but meet the “Contract Compliance” requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests indicate that the next material to be used in the work will comply with the requirements specified for “Operating Range.” If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Contract Compliance,” the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one adjustment shall apply. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 84 of 96 No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. 200-2.4.3 Quality Requirements. Add the following: If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do not meet the requirements specified, placement of the Crushed Miscellaneous Base may be continued for the remainder of the working day. Work shall not resume until tests indicate that the aggregate to be used complies with the requirements specified. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified, the Crushed Miscellaneous Base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the material may remain in place and the Contractor shall pay to the City 15 percent of the material cost per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the requirements for Crushed Miscellaneous Base, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 213 - ENGINEERING GEOSYNTHETICS 213-5 GEOTEXTILES AND GEOGRIDS Add the following section: 213-5.1 General. Geotextile types shall be used for the applications listed in Table 213-5.1. Table 213-5.1 GEOTEXTILE APPLICATIONS Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (¼ Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6”) Wire and 3 m (10’) Post Spacing 90WS Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencing 200WS Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 85 of 96 Add the following section: 213-5.2 Erosion Control Specialties. Storm water erosion control plans shall be prepared, implemented, and maintained by individuals with the respective qualifications and certification as specified in the City of Carlsbad Engineering Standards Volume 4. Add the following section: 213-5.3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50lbs) of 19 mm (3/4“) crushed rock and securely tied closed. Plastic bags are not acceptable. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 86 of 96 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 – EARTHWORK Add the following section: 300-12 STORM WATER POLLUTION PREVENTION PLAN 300-12.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the City of Carlsbad Engineering Standards Volume 4 “SWPPP Manual”, “Greenbook” Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction (“Handbook”), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-12.2 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3. If revisions are required, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer’s comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer’s acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; 4. Non-storm water management and waste management and disposal control practices. 5. Daily street sweeping Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 87 of 96 The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the “Handbook” and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the rainy season, defined as between October 1 and April 30. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 88 of 96 Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the rainy season or upon start of applicable construction activities for projects which begin either during or within 20 days of the rainy season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor’s cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-12.4 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the “Handbook” shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the rainy season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24-hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 300-12.5 Payment. The contract lump sum price paid for the SWPPP work shall include full compensation for the design, submittal, obtaining approval, and amending the Tier 2 SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP. The most recent Tier 2 construction SWPPP Template is available on the City Website and an example is included in Appendix “A”. Partial payment shall be based on the percentage of the total value of work completed. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 89 of 96 SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION Add the following: 306-3.1 General. When the actual elevation or position of any existing pipe, conduit, or other underground appurtenances cannot be determined without excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvements when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the plans shall be made at no additional costs. Add the following: 306-3.2 Removal of Surface Improvements. Add the following: Soil handling and removal of the top 12-inches of soil layer shall be salvaged, stockpiled, and replaced in kind, as directed and approved by the City Representative. Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection with construction shall be removed in accordance with Subsection 401 of the Standard Specifications and these Special Provisions and reconstructed in-kind. 306-3.5 Maximum Length of Open Trench. Delete the first sentence for the first paragraph and replace with the following: Except by permission of the Engineer, the maximum length of open trench where prefabricated pipe is used shall be the distance necessary to accommodate the amount of pipe installed and backfilled in a single day. 306-12 BACKFILL 306-12.1 General. Add the following: The Contractor shall install detectable underground utility marking tape above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. Delete the following section in its entirety and replace with the following: 306-12.3.2 Compaction Requirements. The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 915 mm (36”) of the street right- of-way, compaction shall be 95 percent. 306-13 TRENCH RESURFACING 306-13.1 Temporary Resurfacing. Add the following: Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 90 of 96 Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-13.2 Permanent Resurfacing. Add the following: Except as provided in section 306-13.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and compaction of backfill and aggregate base materials. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 91 of 96 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 4, EXISTING IMPROVEMENTS SECTION 400 – PROTECTION AND RESTORATION 400-1 GENERAL Add the following: The Contractor shall replace all pavement striping, markings and markers which are not designated for removal and are damaged as a result of its operations. 400-2 PERMANENT SURVEY MARKERS Delete the second paragraph and subparagraphs a), b) and c). 400-3 PAYMENT. Delete in its entirety and replace with the following: No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. No separate or additional payment will be made to restore permanent survey makers. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 92 of 96 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 TEMPORARY TRAFFIC CONTROL SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES Add the following section: 601-1.2 Payment. The Contract price paid for Temporary Traffic Control shall include full compensation for, but not limited to, design, submittal and approval of the temporary traffic control plan (TCP) and furnishing all labor, materials, tools, equipment, and incidentals for storing, placing, maintaining, moving to new locations, replacing and removing all traffic control zone devices including flaggers, construction area signs and signage, channelizing devices including traffic barriers and end treatments, traffic sign enhancement devices including portable changeable message signs and flashing arrow signs, temporary traffic striping and pavement markings and as shown on the Plans or approved TCP and in accordance with the Contract Documents. Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the Work shall be considered included in the Contract price paid for Temporary Traffic Control and no additional compensation will be allowed therefor. Progress payments for Temporary Traffic Control shall be based on the percentage of the total value of work completed. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES 601-3.1 General. Add the following: The Contractor shall furnish and install temporary traffic pavement markers, channelizers, signage, railing (type K), barriers, crash cushions and end treatments for railings and barriers at the locations shown on the Plans or the approved TCP and as required by the Contract Documents. Add the following section: 601-3.4.1 General. Add the following: If temporary traffic signs are displaced or overturned by any cause during the progress of the Work, the Contractor shall immediately replace the signs in their approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 93 of 96 readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 8 hours of such discovery. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices, the Engineer may, at his/her sole option, may correct the deficiency and charge the Contractor fifty dollars ($50.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is greater. 601-3.5 Signs and Signage 601-3.5.1 General. Delete in its entirety and replace with the following: Unless otherwise specified, signs shall conform to the California MUTCD. Portable signs shall consist of a base, standard or framework, and a sign panel and conform with applicable provisions for portable signs in Caltrans Standard Specification 12-3.11. Sign units shall be capable of being delivered to the Work site and placed into immediate operation. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Signage shall include all temporary signs required for the direction of traffic through or around the Work site. Sign placement shall conform to the California MUTCD and the TCP. Temporary “No Parking” and “No Stopping” signs shall be installed at least 24 hours before enforcement. Public notification of temporary “No Parking” restriction shall be posted at least 72 hours before enforcement of the “No Parking” zone. The notification shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the Work at that location. Failure to meet the date so indicated will require re-posting the notification in advance of the rescheduled Work. 601-3.5.2 Payment. Modify this section as follows: Payment for signs and signage shall be included in the contract price for Temporary Traffic Control as specified in Section 601-2.2. 601-3.6 Channelizing Devices 601-3.6.1 General. Replace this section with the following: Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in Section 312-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 94 of 96 All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 4-1.5, "Certification”. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following subsection: 601-3.6.5.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. Add the following subsection: 601-3.6.5.2 Appearance. Exposed surfaces of new and used units of temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 “Paint Systems” and 310 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor shall replace or repaint units of temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or other materials that mar the appearance when ordered by the Engineer. Add the following subsection: 601-3.6.5.3 Manufacture of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be manufactured per Caltrans Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201- 1, “Portland Cement Concrete” and 303-1 “Concrete Structures”. Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to Section 201-1, “Portland Cement Concrete” and Section 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM A36/A36M. The bolts shall conform to ASTM A307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM A36/A36M, shall have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded on the upper end with a 5 mm (3/16”) fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in Section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following subsections: 601-3.6.5.4 Installation of Temporary Railing. In addition to the requirements herein, the temporary railing (Type K) shall be installed per Caltrans Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment. Each rail unit placed within 3 m (10’) of a traffic lane shall have a reflector installed on Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 95 of 96 top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2009 Edition as amended by the MUTCD 2009 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of Section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition or constructed to its planned condition. 601-3.7.5 Portable Changeable Message Signs (PCMS). Add the following: 601-3.7.5.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20ºC (-4ºF) to +70ºC (158ºF) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer. 601-3.7.5.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre- programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Revised 6/12/18 Contract No. 5503-27 Page 96 of 96 The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. 601-3.7.5.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. 601-3.7.5.4 Measurement and Payment. Payment for all traffic signs, including Portable Changeable Message Signs, are incidental to the bid item for Temporary Traffic Control and no other compensation will be made therefor. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 TECHNICAL SPECIFICATIONS Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-1 PART 1 - GENERAL 1.1 REQUIREMENTS A. This section describes the requirements for temporary bypass pumping of sewage flows. When sewage bypass and pumping is required, or the Contractor elects to perform, the Contractor shall submit a Temporary Bypass Plan conforming with the requirements of this Section. B. Contractor shall provide labor, materials, equipment, and supervision to temporarily provide bypass pumping around the Work. No interruption of sewage flow shall be permitted throughout the duration of the project. C. Bypass Operation: 24 hours per day during the period of Work. Operation of the bypass system shall be continuously monitored by the Contractor’s personnel. D. The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders, and regulations which in any manner affect the conduct of the work, specifically as they relate to wastewater discharges, spills, or overflows to the environment. The Contractor shall be fully responsible for preventing wastewater discharges, spills or overflows; containing the wastewater; and recovery and legal disposal of wastewater. The Contractor shall be responsible for payment of any fines or penalties assessed against the Agency and for claims and liability arising from negligent or willful discharge of wastewater including attorney fees and costs associated with defending any action against the Agency resulting from such discharges, spills or overflows. E. The Contractor shall not interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow. The Contractor will be charged for all costs associated with the Agency’s efforts if they are dispatched to the discharge, spill or overflow. F. The Contractor is prohibited from discharging any groundwater, stormwater or hazardous waste encountered during construction project without prior written approval by the San Diego Regional Water Quality Control Board and the Encina Wastewater Authority. Refer to the General Provisions Section 7-8.6. G. The Contractor is responsible for noise attenuation equipment and odor control measures if determined necessary by the Agency or County based on site conditions and impact to adjacent property owners. H. The Contractor is responsible for contacting property owners and business that are affected by the construction activities to inform them of the Work and the estimated schedule. Written notice shall be delivered to each home or business in accordance with the General Provisions. A doorhanger notice to residential properties template is available from Agency. I. Two (2) working days prior to any work affecting a sewer lateral, a follow-up notice shall be delivered to each home or business. The notice shall instruct occupants to minimize Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-2 water usage on the day of the work and to fill floor drain traps with water to prevent potential odors. 1.2 SUBMITTALS A. The Contractor shall submit a Temporary Bypass Pumping Plan (Plan) to the Agency in accordance with 2-5.3 Submittals prior to the implementation of flow diversion/bypass. 1. The Plan shall indicate the sequence of construction and the diversion operations and all other operations the Contractor will establish to maintain wastewater service during the diversion/bypass period. 2. The Plan shall be reviewed and approved by the Agency before flow can be diverted/bypassed. No deviation from the approved diversion/bypass plan will be allowed without prior approval from the Agency. 3. The Plan shall include an Overflow Emergency Response Plan (OERP) indicating the procedures, personnel, equipment, and activities that will be implemented in the event of a wastewater discharge, spill or overflow to the environment, or diversion system failure. The Contractor shall be responsible for implementation of the OERP in accordance with this Section. B. Bypass Pumping Plan. 1. Provide for each bypass pumping scenario for the project. Bypass pumping plan shall include at least the following: a. A plan view drawing to graphically show the location of the bypass pumping equipment and appurtenances. b. Staging areas for pumps. c. Sewer plugging method and types of plugs. d. Size and location of manholes or access points for suction and discharge piping. e. Size of pipeline or conveyance system to be bypassed. f. Number, size, material, location and method of installation and protection of suction and discharge piping. g. Bypass pump sizes, capacities, and number of each size to be provided on-site including all primary, secondary, and spare pumping units. h. Backup pumping unit complete with suction and discharge piping for a fully redundant bypass system. i. Calculations of static lift, friction losses, and flow velocity for selection of pumps and piping and pump head-capacity curves and operating ranges. j. System pressure for calculation of hydrostatic testing requirements. k. Downstream discharge plan. l. Method of protecting discharge manholes or structures from erosion and damage. m. Temporary pipe supports and anchoring requirements. n. Thrust and restraint block sizes and locations. Provide the details necessary to demonstrate the integrity of all suction and discharge piping. o. Sections showing suction and discharge pipe depth, embedment, select fill and special backfill. p. When required, sound attenuation features for each pump and any additional equipment that is included in the Bypass Pumping Plan. q. Access plans to all bypass pumping locations indicated on the drawings. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-3 r. Schedule for installation, testing and maintenance of bypass pumping system. s. Emergency plan for adverse weather and flooding. t. Contractor’s plan for providing continuous monitoring of the bypass pumping operation as well as the monitoring persons’ qualifications. u. Flow-thru plugs: If flow-thru plugs are utilized for bypass, provide detailed design including, but not limited to, the flow-thru pipe size(s), configuration and location, and a capacity analysis to verify plug capacity vs design flow. The flow-thru plug shall be tethered or adequately braced during all diversion activities. 2. Subject to the approval of the Agency, if bypass pumping is not required for a location, the Contractor may elect to plug and vactor sewage flows for the duration of the Work. The Contractor shall submit a plug and vactor plan for each location which shall include at least the following: a. Sewer plugging method and types of plugs. b. Size of pipeline or conveyance system to be bypassed. c. Duration of plugging and calculated volume of sewage, including elevation of sewage head. d. Emergency plan for adverse weather and flooding for various phases of the Work. e. Contractors plan for providing continuous monitoring of the sewage flows as well as the monitoring persons’ qualifications. 3. Emergency Contact List: Provide three emergency contacts who are able to respond and be on site within two hours of contact. Provide name, cell phone, and email addresses. List shall be posted in a conspicuous location at the bypass pump location. C. Overflow Emergency Response Plan (OERP) 1. The OERP shall be developed to respond to any construction related wastewater discharge, spill or overflow to the environment. The Contractor’s OERP shall not rely on Agency personnel for emergency response, but they may be dispatched, at the Agency’s discretion and/or availability, to assist the Contractor. If the Agency’s personnel respond, the Contractor shall be responsible for all associated costs. 2. The Contractor is prohibited from unauthorized discharge of any wastewater, groundwater, storm water, or hazardous waste encountered during the construction project. 3. The Contractor shall immediately contact the Agency upon discovery or knowledge of an unauthorized discharge and proceed to control, contain or capture such discharge to the maximum extent possible. The Contractor shall cooperate with the Agency for the Agency’s reporting requirements for the unauthorized discharge. 4. The OERP shall include at a minimum: a. Identification of environmentally sensitive areas that could be affected by a wastewater discharge, spill or overflow, including but not limited to, waterways, channels, catch basins and entrances to existing underground storm drains. b. An emergency notification procedure the complies with the state and federal requirements including but not limited to, California Health and Safety Code Section 5411.5. The Contractor shall designate primary and secondary representatives, their respective home and mobile phone numbers. Agency contacts for City Contractors shall also be listed. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-4 c. Identification of personnel and equipment/tools that will be utilized in the event of a wastewater discharge, spill or overflow to the environment. Include an emergency team with arrangements for backup personnel and equipment. The emergency response team shall be able to dispatch to the site 24 hours a day, 7 days a week including weekends and holidays to respond immediately to any wastewater discharge, spill or overflow to the environment related to the Project work. d. Identification of downstream public water systems. e. Identification of owners of storm water inlets in the immediate vicinity. f. Step-by-step procedures to contain, control, and minimize wastewater discharges, spills or overflows to the environment. 5. At the pre-construction meeting, the Contractor will be provided with a list of Agency representatives to contact in case of a wastewater discharge, spill, or overflow to the environment. These contacts shall be added to the OERP. 6. The Contractor cannot begin work until the Agency has approved the OERP in writing. An approved copy of the OERP shall be available on the job site at all times. 7. It is the Contractor’s responsibility to assure that all employees, including subcontractors, know and obey all emergency procedures included in the OERP. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 GENERAL A. The Contractor shall notify the Engineer 48 hours prior to bypassing or diverting flow in any of the pipelines or laterals. Notification shall include location of bypass, when bypass will be activated, and length of time bypass will be in place. B. Contractor shall maintain sufficient equipment and materials on site to ensure continuous and successful operation of the bypass systems. The Contractor shall maintain spare valves, pumps, tees, elbows, connections, tools, sewer plugs, piping, fuel and/or back- up generator, and other parts or system hardware to ensure immediate repair or modification of any part of the system as necessary. C. Bypass piping cannot be placed within private property without the written approval of the Agency. D. The Contractor must obtain all permits required by San Diego County Air Pollution Control District (APCD) Rule 10, Permits Required. Any reciprocating internal combustion engine, including engine-driven generators or pumps, rated for 50 BHP or greater will require APCD permitting. 3.2 BYPASS PUMPING EQUIPMENT A. All equipment, including but not limited to vactors and pumps shall be fully installed, operational, and ready for immediate use. B. Noise Restrictions Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-5 1. Pumps and generators shall keep the noise level below 70 dBA at 30 feet. 2. Equipment used in residential areas or night time operation shall have sound attenuation enclosures. C. Capacity 1. Pumps and bypass lines shall be of adequate capacity and size to handle all sewer flow. The bypass pumping equipment shall be sized to handle 100% of the required Peak Dry Weather Flow, with full 100% redundancy. Estimated flows at MH41C-6, as shown on the plans are as follows: Peak Wet Weather Flow: 3,840 gpm Peak Dry Weather Flow: 1,400 gpm Average Dry Weather Flow: 685 gpm 2. Bypass lines, fittings and all accessories shall withstand twice the maximum pressure required for bypassing and shall be in good working condition. 3. The Contractor is responsible for verifying the actual peak flow rate and designing the flow diversion/bypass pumping system. 4. Spare pumps and generators, with a total capacity equal to 100% of the peak flows, must be supplied to provide 100% redundancy. D. The Contractor shall perform the necessary maintenance and repairs on the flow bypass system, and exercise and ensure the operation of the backup pumps. The Contractor shall operate backup pumps for a minimum of 25% of the total bypass time on a daily basis E. The Contractor shall provide one dedicated fuel tank for each pump/generator if fuel/generator driven pumps are used. Each fuel tank shall have a fuel level indicator. The Contractor shall continuously monitor the fuel level in the tanks and ensure that the fuel level does not drop below a level equivalent of two hours of continuous flow diversion system operation. The Contractor shall protect the fuel supply from contamination. This could include but is not limited to fuel line water traps, fuel line filters, and protecting fuel stores from precipitation. The Contractor shall also monitor all hoses and repair leaks immediately. F. The bypass pumping system shall be manned at all times, including any bypass pumping performed after normal work hours, weekends and holidays. 3.3 PROTECTION A. Contractor shall mark and protect suction and discharge pipes. B. The Contractor shall inspect the entire bypass pumping and piping system for leaks or spills on a continuous basis. C. No bypassing to the ground surface, receiving waters, storm drains, or bypassing which results in soil or groundwater contamination or any potential health hazards shall be permitted. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-6 D. In the event of any sewage spill the Contractor shall follow the approved OERP and the steps outlined in Paragraph 3.4. 3.4 WASTERWATER DISCHARGE EVENT A. In event of wastewater discharge, spill, or overflow to the environment, the Contractor shall: 1. Immediately implement the OERP without direction from the Agency, to control and contain the discharge, spill, or overflow. 2. Contact Agency personnel immediately. Information to provide shall include at minimum, the following: a. Location of discharge, spill, or overflow b. Start time of discharge, spill, or overflow c. Duration if already terminated, or expected duration if in progress d. Estimated wastewater volume spilled e. Cause (if known) f. Control measures implemented g. Type of remedial and/or clean up measures taken h. Description of affected or potentially affected sensitive areas such as waterways, channels, catch basins and entrances to existing underground storm drains 3. Based on the above information, the Agency will determine if the discharge, spill or overflow is contained, and whether Agency personnel should be dispatched to the site. If dispatched, the Contractor shall be responsible for all costs incurred by the Agency as associated with the discharge, spill, or overflow. 4. Contact owner of stormwater inlets if discharge, spill or overflow enters stormwater system. 5. Report the spill to the applicable jurisdictional agency following the procedures in the OERP. B. The Contractor shall, within 24 hours of the wastewater discharge, spill or overflow, submit to the Agency a written Wastewater Discharge Incident Report. C. The Agency will evaluate the need for procedural changes to avoid further discharges, spills or overflows and the Contractor shall implement such changes immediately at no additional cost to the Agency. The Agency may institute further corrective actions, as deemed necessary. D. The Contractor shall not damage existing public and private improvements, interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow to the environment. Any utility and/or improvement which is damaged by the Contractor shall immediately be repaired at the expense of the Contractor. E. Once the discharge, spill or overflow has been contained and the situation causing the event has been stabilized, the Contractor shall restore the affected areas to original condition. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-7 3.5 FIELD QUALITY CONTROL A. Hydrostatic Pressure Test: 1. Notify the Engineer 24 hours prior to testing. The test shall be observed by an Agency Representative. 2. Attach bulkheads, isolation valves and pressure gauges to the piping to be tested. 3. Fill the discharge piping with potable water and seal the piping on both ends. The Contractor shall be responsible for securing potable water supply. 4. Test the discharge piping with maximum pressure equal to 2.0 times the maximum operating pressure or 50 psi, whichever is greater for a period of 30 minutes. 5. If no leaks are observed after the test period, the line may be placed in service. B. Inspection: 1. Operator shall inspect temporary bypass pumping and piping system at a minimum of every hour. 2. Operator shall continuously monitor the flow levels downstream and upstream of the flow diversion to detect any possible failure that may cause a wastewater discharge. 3. Keep written inspection log at each pumping location. Provide weekly copies to the Agency in a manner acceptable to the Agency. C. Maintenance: 1. The Contractor shall inspect and maintain the bypass system daily, including the backup system. 2. The Contractor shall submit maintenance procedures and frequency to the Agency prior to any flow bypass. 3. The Contractor shall maintain a log of system operation and inspection, maintenance and repair records, and provide copies to the Agency upon request in a manner acceptable to the Agency. 3.6 CLEAN-UP A. The bypass pumping system shall be flushed with potable water and drained prior to being dismantled and moved to the next location. Drain residual wastewater from the piping system into the Agency sewer main prior to disassembly, taking care to avoid wastewater spills. B. Upon completion of bypass pumping operation, clean disturbed areas, restoring to original condition, including pavement restoration, at least equal to that which existing prior to start of Work. 3.7 SCHEDULING A. The bypassing system shall not be shut down between shifts, on holidays or weekends, or during work stoppages. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 SECTION 02960 – TEMPORARY SEWER BYPASS PUMPING Temporary Sewer Bypass Pumping Contract No. 5503-27 02960-8 B. The bypass system shall have a trained and qualified attendant on site 24 hours per day, 7 days per week to maintain the bypass pumping system from the start of bypass until the bypassing of the specific pipeline is no longer required. END OF SECTION Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Appendix A Stormwater Pollution Prevention Plan Template Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 TIER 2 CITY STORM WATER POLLUTION PREVENTION PLAN (TIER 2 SWPPP) STORM WATER POLLUTION PREVENTION NOTES GENERAL SITE MANAGEMENT REQUIREMENTS THE FOLLOWING GENERAL SITE MANAGEMENT REQUIREMENTS SHALL BE ADHERED TO THROUGHOUT THE DURATION OF THE CONSTRUCTION WORK {YEAR ROUND}. 1. IN CASE EMERGENCY WORK IS REQUIRED, CONTACT:_· _____ FROM: ___ _ AT {TEL.NO.} _______ _ 2. DEVICES SHOWN ON CITY APPROVED PLANS SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE ENGINEERING INSPECTOR. 3. THE CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL. 4. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEER DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORSEEN CIRCUMSTANCES WHICH MAY ARISE. 5. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATERS CREA TE A HAZARDOUS CONDITION. 6. GRADING AREAS AROUND THE PROJECT PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. 7. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN FIVE (5) DA Y RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT { 40%}. SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL. 8. ALL GRAVEL BAGS SHALL CONTAIN 3/4 INCH MINIMUM AGGREGATE. 9. ALL EXPOSED DISTURBED AREAS MUST HA VE EROSION PROTECTION BMPs PROPERLY INSTALLED. THIS INCLUDES ALL BUILDING PADS, UNFINISHED ROADS, AND SLOPES. 10. ADEQUATE PERIMETER PROTECTION BMPs MUST BE INSTALLED AND MAINTAINED AND WILL BE UPGRADED, IF NECESSARY, TO PROVIDE SUFFICIENT PROTECTION FROM RUNOFF DURING RAIN EVENTS. 11. ADEQUATE SEDIMENT CONTROL BMPs MUST BE INSTALLED AND MAINTAINED. 12. ADEQUATE BMPs TO CONTROL OFFS/TE SEDIMENT TRACKING MUST BE INSTALLED AND MAIN TA/NED. 13. A MINIMUM OF 125% OF THE MATERIAL NEEDED TOO INSTALL STANDBY BMPs TO PROTECT THE EXPOSED AREAS FROM EROSION AND PREVENT SEDIMENT DISCHARGES, MUST BE STORED ONSITE. AREAS ALREADY PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED VEGETATION STAB/LIZA TION BMPs ARE NOT CONSIDERED TO BE 'EXPOSED" FOR PURPOSES OF THIS REQUIREMENT. 14. THE OWNER/DEVELOPER/CONTRACTOR MUST FOLLOW "WEATHER TRIGGERED" ACTION PLAN AND BE ABLE TO DEPLOY STANDBY BMPs TO PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT {A PREDICTED STORM EVENT IS DEFINED AS A 40% CHANCE OF RAIN WITHIN A 5-DA Y NATIONAL WEATHER SERVICE FORECAST}. ON REQUEST, THE OWNER/DEVELOPER/CONTRACTOR MUST PROVIDE PROOF OF THIS CAPABILITY. 15. DEPLOYMENT OF PHYSICAL OR VEGETATION EROSION CONTROL BMPs MUST COMMENCE AS SOON AS SLOPES ARE COMPLETED. THE OWNER/DEVELOPER/CONTRACTOR MAY NOT RELY ON THE ABILITY TO DEPLOY STANDBY BMP MATERIALS TO PREVENT EROSION OF SLOPES THAT HA VE BEEN COMPLETED. 16. THE AREA THAT CAN BE CLEARED, GRADED, AND LEFT EXPOSED AT ONE TIME IS LIMITED TO THE AMOUNT OF ACREAGE THAT THE CONTRACTOR CAN ADEQUATELY PROTECT PRIOR TO A PREDICTED RAIN EVENT. FOR LARGER SITES. GRADING SHOULD BE PHASED. IT MAY BE NECESSARY TO DEPLOY EROSION AND SEDIMENT CONTROL BMPs IN AREAS THAT ARE NOT COMPLETED, BUT ARE NOT ACT/I/ELY BEING WORKED BEFORE ADDITIONAL GRADING IS ALLOWED TO PROCEED, AT THE DISCRETION OF THE CITY INSPECTOR. 17. ALL DISTURBED AREAS THAT ARE NOT COMPLETED AND/OR NOT BEING ACTIVELY GRADED MUST BE FULLY PROTECTED FROM EROSION IF LEFT FOR 14 OR MORE DAYS. THE ABILITY TO INSTALL BMP MATERIALS IN A PROMPT MANNER IS l:1QI SUFFICIENT. BMPs NEED TO BE INSTALLED IN THESE AREAS. 18. BMPs MUST BE STOCKPILED AT VARIOUS LOCATION THROUGHOUT THE PROJECT SITE THROUGHOUT THE YEAR. WHENEVER THERE IS A 4D% CHANCE OR GREATER OF A RAIN WITHIN A THREE (3) DAY FORECAST, THE INSPECTOR WILL VERIFY THAT BMPs ARE ADEQUATELY STOCKPILED. BMPs MUST BE STOCKPILED AND READY FOR DEPLOYMENT WHEN THERE IS SD% CHANCE OF RAIN WITHIN A 48 HOUR FORECAST. FAILURE TO COMPLY WITH THIS REQUIREMENT COULD RESULT IN THE ISSUANCE OF A STOP WORK NOTICE OR OTHER ENFORCEMENT ACTION. 19. ALL TREATMENT AND EROSION CONTROL BMPs MUST BE INSPECTED WEEKLY AND PRIOR TO A FORECASTED RAIN EVENT OF GREATER THAN 50%, AND AFTER A RAIN EVENT. IN ADDITION, TREATMENT CONTROL BMPs MUST BE SERVICED AS NEEDED THROUGHOUT THE YEAR. 20. IF SELECTED BMP FAILS DURING A RAIN EVENT, IT MUST BE REPAIRED OR IMPROVED OR REPLACED WITH AN ACCEPTABLE AL TERNA TE AS SOON AS IT IS SAFE TO DO SO. THE FAILURE OF A BMP IND/CA TES IT WAS NOT ADEQUATE FOR THE CIRCUMSTANCES IN WHICH IT WAS USED. REPAIRS AND REPLACEMENT MUST THEREFORE PUT A MORE ROBUST BMP MEASURE IN PLACE. 21. ALL CONSTRUCTION EMPLOYEES MUST BE TRAINED ON THE IMPORTANCE OF STORM WATER POLLUTION PREVENTION AND BMP MAINTENANCE. WEATHER TRIGGERED ACTION PLAN THE DEVELOPER SHALL DEPLOY STANDBY BEST MANAGEMENT PRACTICE MEASURES TO COMPLETELY PROTECT THE EXPOSED PORTIONS OF THE SITE WITHIN 48 HOURS OF A PREDICTED STORM EVENT { A PREDICTED STORM EVENT IS DEFINED AS A FORECASTED, 40% CHANCE OF RAIN BY THE NATIONAL WEATHER SERVICE), IN ADDITION TO BMPs IMPLEMENTED YEAR-ROUND INCLUDING PERIMETER CONTROL, WIND EROSION CONTROL, TRACKING, NON-STORM WATER CONTROL, WASTE MANAGEMENT, AND MATERIALS POLLUTION CONTROL. THE NATIONAL WEATHER SERVICE FORECAST SHALL BE MONITORED AND USED BY THE DEVELOPER ON A DAILY BASIS. IF PRECIPITATION IS PREDICTED {40% CHANCE OF RAIN), THEN THE NECESSARY WATER POLLUTION CONTROL PRACTICES SHALL BE DEPLOYED WITHIN 48 HOURS AND PRIOR TO THE ONSET OF THE PRECIPITATION. THE DEPLOYMENT OF THE BMPS SHALL INCLUDE BUT NOT BE LIMITED TO GRAVEL BAGS AND SILT FENCES. A MINIMUM OF 125% OF THE MATERIAL NEEDED TO INSTALL STANDBY BEST MANAGEMENT PRACTICES MEASURES TO PROTECT THE EXPOSED AREAS FORM EROSION AND PREVENT SEDIMENT DISCHARGES MUST BE STORED ON-SITE. AREAS THAT HA VE ALREADY BEEN PROTECTED FROM EROSION USING PHYSICAL STAB/LIZA TION OR ESTABLISHED VEGETATION STAB/LIZA TION BMPS AS DETERMINED BY THE CITY OF CARLSBAD ARE NOT CONSIDERED TO BE 'EXPOSED' FOR THE PURPOSES OF "WEATHER TRIGGERED ACTION PLAN~ AN ADEQUATE SOURCE OF EQUIPMENT AND WORKERS SHALL BE AVAILABLE FOR DEPLOYMENT OF "WEATHER TRIGGERED BMPS~ EROSION CONTROL HYDROSEEDING, PLANTING AND /RR/GA TION 1. ALL PERMANENT AND TEMPORARY EROSION CONTROL PLANTING AND /RR/GA TION SHALL BE INSTALLED AND MAINTAINED AS REQUIRED IN SECTION 212 OF THE STANDARD SPECIF/CATIONS AND THE FOLLOWING: A H YDROSEEDING SHALL BE APPLIED TO: 1 ALL SLOPES THAT ARE GRADED 6: 1 {HORIZONTAL TO VERTICAL) OR STEEPER WHEN THEY ARE: a. THREE FEET OR MORE IN HEIGHT AND ADJACENT TO PUBLIC WALL OR STREET. b. ALL SLOPES 4 FEET OR MORE IN HEIGHT. 2 AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE FOLLOWING CONDITIONS EXIST: a. NOT SCHEDULED FOR IMPROVEMENTS {CONSTRUCTION OR GENERAL LANDSCAPING) WITHIN 60 DAYS OF ROUGH GRADING. b. IDENTIFIED BY THE PARKS AND RECREATION DIRECTOR AS HIGHL Y VISIBLE TO THE PUBLIC. c. HA VE ANY SPECIAL CONDITION IDENTIFIED BY THE CITY ENGINEER THA T WARRANTS IMMEDIATE TREATMENT. 8 HYDROSEEDING AREAS SHALL BE /RR/GA TED IN ACCORDANCE WITH THE FOLLOWING CRITERIA: 1 ALL SLOPES THAT ARE GRADED 6: 1 OR STEEPER AND THAT ARE: a. THREE TO EIGHT FEET IN HEIGHT SHALL BE /RR/GA TED BY HAND WATERING FROM QUICK COUPLERS/HOSE BIBS OR A CONVENTIONAL SYSTEM OF LOW PREC/PITA TION SPRINKLER HEADS PROVIDING 100% COVERAGE. b. GREATER THAN 8 FEET IN HEIGHT SHALL BE WATERED BY A CONVENTIONAL SYSTEM OF LOW PRECIPITATION SPRINKLER HEADS PROVIDING 100% COVERAGE. 2 AREAS SLOPED LESS THAN 6: 1 SHALL BE /RR/GA TED AS APPROVED BY THE CITY ENGINEER, PRIOR TO HYDROSEEDING. THE DEVELOPER SHALL SUBMIT A PROPOSED SCHEME TO PROVIDE /RR/GA TION TO THE CITY ENGINEER. THE PROPOSAL SHALL BE SPECIFIC REGARDING THE NUMBERS, TYPE, AND COSTS OF THE ELEMENTS OF THE PROPOSED SYSTEM. 3 /RR/GA TION SHALL MAINTAIN THE MOISTURE LEVEL OF THE SOIL AT THE OPTIMUM LEVEL FOR THE GRADING OF THE HYDROSEEDED GROWTH. C HYDROSEEDING MIX SHALL CONSIST OF ALL OF THE FOLLOWING: 1 SEED MIX SHALL CONSIST OF NO LESS THAN: a. 20 lbs. PER ACRE OF ROSE CLOVER b. 20 lbs PER ACRE OF ZORRO FESCUE c. Jibs PER ACRE OF E SCHOOL CIA CALIFORNICA d. 4 lbs PER ACRE OF ACHILLEA MILLEFOLIA e. Jibs PER ACRE OF AL YSSUM {CARPET OF SNOW) f. 1/2 lb. PER ACRE IF DIMORPHOLECA g. ITEMS c, d, e, AND f OF THIS SUBSECTION MAY BE OMITTED ON VISIBLE FROM EITHER A PUBLIC STREET OR RESIDENTIAL STRUCTURES. h. ITEM a OF THIS SUBSECTION MUST BE INOCULATED WITH A NITROGEN FIXING BACTERIA AND APPLIED DRY EITHER BY DRILLING OR BROADCASING BEFORE HYDROSEEDING. ,. ALL SEED MATERIALS SHALL BE TRANSPORTED TO THE JOBS/TE IN UNOPENED CONTAINERS WITH THE CALIFORNIA DEPARTMENT OF FOOD AND A GR/CUL TUR£ CERT/FICA TION TAG ATTACHED TO, OR PRINTED ON SAID CONTAINERS. j NON-PHYTO-TOX/C WEmNG AGENTS MAY BE ADDED TO THE HYDROSEED SLURRY AT THE DISCRETION OF THE CONTRACTOR. 2 TYPE 1 MULCH APPLIED AT THE RA TE OF NO LESS HAN 2000 lbs PER ACRE. TYPE 6 MULCH {STRAW} MAY BE SUBSTITUTED, WHEN STRAW IS USED, IT MUST BE ANCHORED TO THE SLOPE BY MEGHAN/CALLY PUNCHING NO LESS THAN 50% IF THE STRAW IN TO THE SOIL. 3 FERTILIZER CONSISTING OF AMMONIUM PHOSPHATE SULFA TE, 16-20-0 WITH 15% SULPHUR APPLIED AT THE RA TE OF 500 lbs. PER ACRE. D AREAS TO BE HYDROSEEDED SHALL BE PREPARED PRIOR TO HYDROSEEDING: 1 ROUGHENING THE SURFACE TO BE PLANTED BY ANY OR A COMB/NA TION OF: a. TRACK WALKING SLOPES STEEPER THAN 6: 1. b. HARROWING AREAS 6: 1 OR FLATTER THAT ARE SUFFICIENTLY FRIABLE. 2 AREAS GRADED FLATTER THAN 6: 1 WHEN ANY OF THE FOLLOWING CONDITIONS EXIST: a. ADJUSTING THE SURFACE SOIL MOISTURE TO PROVIDE A DAMP 81 T NOT SA TURA TED SEED BED. b. THE ADDITION OF SOIL AMENDMENTS, PH ADJUSTMENT, LEACHING CO VER/NG SALINE SOILS TO PRO VIDEO VIABLE CONDITIONS FOR GROWTH. E HYDROSEEDING AREAS SHALL BE MAINTAINED TO PROVIDE A VIGOROUS GROWTH UNTIL THE PROJECT IS PERMANENTLY LANDSCAPED OR, FOR AREAS WHERE HYDROSEEDING IS THE PERMANENT LANDSCAPING, UNTIL THE PROJECT IS COMPLETED AND ALL BONDS RELEASED. 2. ALL SLOPES SHALL HA VE /RR/GA TION INSTALLED AND BE STABILIZED, PLANTED AND/OR HYDROSEEDED WITHIN TEN {10} DAYS OF THE TIME WHEN EACH SLOPE IS BROUGHT TO GRADE AS SHOWN ON THE APPROVED GRADING PLANS. 3. SHOULD GERMINATION OF HYDROSEEDED SLOPES FAIL TO PROVIDE EmCtENT COVERAGE OF GRADING SLOPES {90% COVERAGE} PRIOR TO OCTOBER 1, THE SLOPES SHALL BE STABILIZED BY AN APPROPRIATE EROSION CONTROL MA TT/NG MATERIAL APPROVED BY THE PUBLIC WORKS INSPECTOR. 4. LANDSCAPING SHALL BE ACCOMPLISHED ON ALL SLOPES AND PADS AS REQUIRED BY THE CITY OF CARLSBAD LANDSCAPE MANUAL, THE LANDSCAPING PLANS FOR THIS PROJECT OR AS DIRECTED BY THE CITY ENGINEER OF PLANNING DIRECTOR. 5. THE OWNER/APPLICANT SHALL ENSURE THAT ALL CONTRACTORS SHALL COORDINATE THE WORK OF THIS CONSTRUCT/ON SWPPP SHOWN ON ANY GRADING PLANS, LANDSCAPE AND /RR/GA T/ON PLANS, AND IMPROVEMENT PLANS AS REQUIRED FOR THIS PROJECT WORK. CITY OF OCEANSIDE BEST MANAGEMENT PRACTICES (BMP) SELECTION TABLE Erosion Control Sediment Control BMPs Tracking Non-Storm Water Waste Management and Materials BMPs Control BMPs Management BMPs Pollution Control BMPs c:: c:: -~ --.2 .2 -c:: c:: "' --0, " "' "' "' "' c:: "' c:: <.) <.) -~ ,£; -S!> E c:: ~ § .2 -0 2 2 -2-0 0 § -"' t "' -:::; "' "' 0, ... -!I! ---~ '--~ C' 0, -.,__ 0 c:: ., .£; "§ .s "' "' "' §1 " c:: "' ., o-0, 0 0 g. ., c:: "' c:: ~ -~ -2 ,ll_ -Best Management Practice* ., o\; .£; Ctl 5l-" ... c:: "' c:: 0, 0, "' " "' ~ " ., " -"' " --o- ~ -<: .£; E .£; '--' ... '--' "' "' "' ,g "' " ~ :::; c:: "' c:: c:: "' lii (BMP) Description ➔ .2 ~ "' <.) ., er, " "' 0, "' 0, Ctl e "' 0, 8~ c:: c::, !!/ -" "' ., -" ~ ~ ID J's -0 "' " ~ .£; a;~ "' c:: c:: 0 0, l5 ::, E ., E §1 0, " "" (.J c:: c::, 0 Ctl 0, C .Q "'S 0.2 " i!'-"' -c::, "" ~ C>:: _E -~ ~~ ~ "" 0 "' -"' ~-£ "' " 0 "' " E ~ .!:::::! (IJ ~~ o,~ ~-£ ~ a_e 0, ~ "" i!' "' e "' .!:; "' !!/ "' ::, '€l :::.: Cl] I...~ " ... 0 .,--"' :S -~ " '-' ... ~ a .a i!' ·-"'O ., '-' -~ tu " -~ § "' ... "" <.) -~ "' " "" '-' " g. ... ~ .a 0 Cb-~ ~ 0 0 ... 0 -"'O ., "' ~ c:: 0 0 -E "' ~o --<: "' ~o -0 ;::;;: c:: ·-c:: ~§ c:: § a:~ ~ ,ll ~ 2S ~ "' 6 ~ V) g " _._ -E 0 ict &8 0 §u "~ " -b}8 co Vi er, er, er, Q_ er, .s er, C>:: Q_ :::; er, :::; er, er, ==, :t: ==, 8 ==, CASQA Designation ➔ "' .... r-... 0:, O> -"' .... Lf) r-... 0:, a "' -"' r-... 0:, -"' "' .... Lf) <o oO --<o --I I I I I I I I I I I I I I I I I I I I I I I I I I I td td td td td td bl bl bl bl bl bl bl bl ~ ~ er, er, er, er, i i i i i i i Construction Activity < < < < Gradina /Soil Disturbance Trenchina/Excavation Stackoilina Drilfinn/Borina Concrete/Asphalt Sawcuttina Concrete Fla/work Pavina Conduit /Pioe lnstal/atian Stucco/Marlar Work Waste Disoosa/ Staaina/Lay Down Area Eauioment Maintenance and Fuelina Hazardous Substance Use/Storaae Dewaterina Site Access Across Dirt Other (//st); Instructions: 1. Check the box to the left of all applicable construction activity (first column) expected to occur during construction. 2. Located along the top of the BMP Table is a list of BMP's with it's corresponding California Stormwater Quality Association (CASQA) designation number. or more BMPs you intend to use during construction from the list. Check the box where the chosen activity row intersects with the BMP column. Choose one 3. Refer to the CASQA construction handbook for information and details of the chosen BMPs and how to apply them to the project. LEGEND (DELETE ITEMS NOT USED ON THE SITE MAP} {ADD CASQA DETAILS FOR EROSION AND SEDIMENT CONTROL UTILIZED ON SITE} DESCRIPTION EC-10, VELOCITY DISS/PA TION SE -1, SILT FENCE SE-5, FIBER ROLL SE-6, GRAVEL BAG -,. SYMBOL __ ,. - = OWNER'S CERTIFICATION: I UNDERSTAND AND ACKNOWLEDGE THAT I MUST: (1) IMPLEMENT BEST MANAGEMENT PRACTICES {BMPs} DURING CONSTRUCT/ON ACTIVITIES TO THE MAXIMUM EXTENT PRACTICABLE TO A VOID THE MOB/LIZA T/ON OF POLLUTANTS SUCH AS SEDIMENT AND TO A VOID THE EXPOSURE OF STORM WATER TO CONSTRUCTION RELATED POLLUTANTS,· AND (2) ADHERE TO, AND PACIFIC OCEAN TR-1, STABILIZED CONSTRUCTION ENTRANCE 1!111111111111111111~ AT ALL TIMES, COMPLY WITH THIS CITY APPROVED TIER 2 CONSTRUCTION SWPPP THROUGHOUT THE DURA T/ON OF THE CONSTRUCT/ON ACTIVITIES UNTIL THE CONSTRUCT/ON WORK IS COMPLETE AND SIGNED OFF BY THE CITY OF CARLSBAD. OWNER(S)/ OWNER'S AGENT NAME {PRINT} DATE 78 CITY OF VISTA CITY OF ENCINITAS VICINITY MAP SHEET INDEX: SHEET 1: TITLE SHEET SHEET 2: EROSION CONTROL PLANS APN: ----------------- SITE ADDRESS: AREA OF DISTURBANCE AREA OF DISTURBANCE _____ S.F. (THIS AREA INCLUDES BUT IS NOT LIMITED TO OFF-SITE WORK INCLUDING PUBLIC IMPROVEMENTS AND TEMPORARY DISTURBANCE SUCH AS VEHICLE AND EQUIPMENT STAGING AREAS, CONSTRUCTION WORKER FOOT TRAFFIC, SOIL/GRAVEL PILES, UTILITY TRENCHES, BACKFILL CUTS AND SLOPE KEYWA YS} CONSTRUCTION THREAT: CONSTRUCT/ON THREAT TO STORM WATER QUALITY {CHECK BOX}: □ HIGH □MEDIUM OWNER/APPLICANT: NAME: ADDRESS: TELEPHONE NO.: EMERGENCY CONTACT: NAME: ADDRESS: TELEPHONE NO.: NS-B, VEHICLE AND EQUIPMENT CLEANING NS-9, VEHICLE AND EQUIPMENT FUELING NS-10, VEHICLE AND EQUIPMENT MAINTENANCE Wi\.1-1, MATERIAL DELIVERY AND STORAGE NS-8 NS-9 NS-10 Wi\.1-1 Wi\.1-2 Wi\.1-5 _o_WN_rR_(_sJ1_0WN_rR_'s_A_GE,_N_T N_A_ME_(_s1_GN_A_m_'RE_J ___ D_ATE _______ ___, 1 sHlEET I CITY OF CARLSBAD I SHEETS I ENGINEERING DEPARTMENT 2 Wi\.1-2, MATERIAL USE NAME OF PREPARER: ___________ _ Wi\.1-5, SOLID WASTE MANAGEMENT QUALIFICATION OF PREPARER_· ________ _ WM-9, SANITARY/SEPTIC WASTE MANAGEMENT WM-9 ADDRESS: PHONE NO.: ______________ _ SIGNATURE R.C.E./CERT. NO. L/C. EXP. DATE DATE CITY STORM WATER POU.UTION PREVENTION PLAN (SWPPP} TIER2 PROJECT NAME: APPROVED: JASON S. GELDERT ENGINEERING MANAGER RCE 63912 EXP. 9/30/24 DATE PROJECT ID II DRAWING NO.I Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 J- 7 \ \ \ \ \ 1/ SE-1 I 4 j/ APN 156-351-04 J 1~ I ( (j \ \ i ) ) \ I I I " " I I . I TIER 2 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) I I ¢::J ~ SE-5] i \ J )- < ID O'> \ \ \ I I ¢::J ¢::J \ \ ' SE-5 0 ~ " / ---- i Z - SE-5 \ ' \ ... .. \ 0 0 s-- SE-6 (TYP) ' "- ¢::J -<:==:i , ¢::J -,. ,. - \ SE-5 \ \ SE-5 NS-8 WM-1 NS-9 WM-2 NS-10 WM-5 \ 156-351-06 \ A F ; .. ·. ... . .. . ... -. . . . A A \ \ "' -- B a APN 156 351-07 0 0 ~ \ SE-5 \ \ \ \ \ \ "' _,,> 0 ~ \ ,? \ ~ \ \ \ ~ \ \ " J\_ ,, I cl " I 7os I I I \ " I I ,- _,,> ~\() I ~I J;> 1- APN 156-350-11 \ \ I \ \ 1/ l \ r' \ \ _,,> 0 I \ \ I ( ( \ SE-6 TYP / I \ ~ ---- . . . . . \ ~ ADD CASQA DETAILS FOR EROSION AND SEDIMENT CONTROL BMPS UTILIZED ON THE PROJECT SITE 115 \ \ \ ~~ \ ' '\ \ \ \ \ If\ \. \. \ 1 t EXISTING HOUSE \ SE-1 I ( T I \ \ / \ 0 ~ ~ -------- \ \ l I I I \ \I \I / // I I I ,< 1 ID I ~ s--I / \ \ I I I I I I I \ \ I I ! < / I I \ I I \ \\/I, / I I '/111----- 1 I I L._1 I I \ I I I rJ / t I \ I J_ \ APN \ L I ( I I ......___ I I ......___......___......___ I I \ \ .-> \ .-> 0 I I l / ( ,-·4 . . -• • . ., . 4 • • I J \ I I !t I I I / V 7 I APN ) r---\---- APN I SH2ET I CITY OF CARLSBAD I SH2TS I ENGINEERING DEPARTMENT STORM WATER POIJ.UTION PREVENTION PLAN (SWPPP) TIER2 PROJECT NAME: EROSION CONTROL PLAN APPROVED: JASON S, GELDERT ENGINEERING MANAGER RCE 63912 EXP. 9/30/24 DATE I I PROJECT ID I DRAWING NO, Appendix B CARB Fleet Compliance Certification Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 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. Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 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: xi The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. o 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. o 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: TC Construction Company, Inc. Signature: --~---:;;···~~=7.=:::::;;;:-~-- Name: Austin Cameron Title: President Date: 5-4-26 City Attorney Approved Version 12/14/2023 Docusign Envelope ID: BD5CA6DA-1351-4639-9C69-9259A49FA8C0 California Environmental Protection Agency Air Resources Board January 1, 2026 CERTIFICATE OF REPORTED COMPLIANCE OFF-ROAD DIESEL VEHICLE REGULATION is issued to T.C. CONSTRUCTION CO. INC. This certificate indicates thatthe 'fleet listed aoove has reported off-mad diesel vehicles to the California Air Resources Board and has certifiedil:hey are in complianoo with title 13 CCR section 2449. All applicable vehicles owned by the individual, company, or agency must be reported and !abetted. as spacffied in Section 2449, With all possible completeness, else this certificate is null a.oo void. Certificate expires 2/28/2027 Michell~ !lulf.ngtan Ch.et, Mobite Source Co:1.trol DMsloo CJulotnia Air Resources Bo.trd Off-road Diesel Fleet Identification 2262 To verify the authenticity of this cerlificme. enter this number at htlp:JAw-1w.arb.ca.gov/doors/compliance_cert1 .html ACORD® CERTIFICATE OF LIABILITY INSURANCE I . DATE (MM/DD/YYYY) ~ 5/7/2026 .. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES aBl:;J,.OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED . ~RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. f .. ,. t,.,, ; ,IUANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED p~ovlslons or be endo"rsed, • 1f SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). • •• • PRODUCER ~1~cT Sandra Vasguez .. Alliant Insurance Services, Inc. PHONE • I FAX .. 701 B Street 6th Floor • . J~.Ext): : /A/C Nol:· l~o1:~ss; Sandra.Vasguez@.alllant.com . . San Diego CA 92101 INSURER(Sl AFFORDING COVERAGE NAIC# • LicensAll· ""~""61 INSURER A : AXIS Surplus Insurance Company 26620 INSURED INSURER e : Executive Risk lndemnltv Inc .. 35181 T C Construction Company, Inc. INSURER c : Federal Insurance Company 20281 10540 ProspectAve Santee CA 92071 INSURER 0: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 224031439 -REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE.FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IAUUL SUBR ,:ghlg~, 1,~g~~g~, LIMITS LTR I •••an '""'" POLICY NUMBER ii l_l<TIOMMERCIAL GENERAL LIABILITY y 54326607 1111/2025 11/1/2026 EACH OCCURRENCE $2,000,000° ' CLAIMS-MADE 0 OCCUR PREMISES {E~~~~~ncel $100,000 □-Railroad Llablll MED EXP {Any one person)· $5,000 PERSONAL &. ADV INJURY $2,000,000 ~ . GEN'L AGGREGATE LIMIT APPLIES PER: GF.NF.RAL. AGGREGATE $4,000,000 Fl POLICY 0 ffc?r . •□ LOC PRODUCTS· COMP/OP AGG $4,000,000 OTHER: Deductible $5,000 C AUTOMOBILE LIABILITY y 64326606 11/1/2025 11/1/2026 1.11:~~~~~d~~llN1.;LE LIMIT $1,000,000 -------X ANY AUTO BODILY INJURY (Per parson) $ OWNED --SCHEDULED X BODILY INJURY-(Per accident) $ AUTOS ONLY ,__ __ AUTOS X HIRED NON-OWNED r .. ~9:ii-ziRA.MAGE $ .. ~--AUTOS ONLY ,___ AUTOS ONLY .. $ C UMBRELLA LIAB ~OCCUR 5671-7342 11/1/2025 11/1/2028 EACH OCCURRENCE $1,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE·, $1,000,000 DED I I RETENTIONS $ C WORKERS COMPENSATION 54326608 11/1/2025 11/1/2026 ~__LillER _L _J oTH-AND EMPLOYERS' LIAB.ILITY Y/N Al\JTE_ . _!:R ANYPROPRIETOR/PARTNER/EXECUTIVE Ll N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISE;ASE • EA EMPLOYEE $1,000,000 mt~r~ff~~ ~nt~PERATIONS below E.L. DISEASE· POLICY LIMIT $1 000,000 'A Professlonal/Pollullon Llabllll~ CM002954-09-2D25 11/1/2025 1°1/1/2026 Each Claim Limit $5,000,000 .. Pollullon Liability SIR $10,00 Aggregate Limit $5,000,000 Professional SIR $25,000 i I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace le required) RE: TC Job #26-008, Contract #5503-27, Bid No. PWS26-4074UTIL, North Batlfltos Interceptor Ponto SWR Pi~e Repair EMR. City of Carlsbad/CMWD, Its officials, emiloyees and volunteers are Included as ddlllonal Insured as resriects L ability arising out of work performed by the Named Insured. The Insurance provide shall be primary and any other insurance maintained by the Add tional Insured Is excess and non-contributory. Thirty (30) Days Notice of Cancellation / Non-Renewal -Ten (1 O) Days Notice or Non-Payment of Premium. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54326607-02 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location(s) Of Covered Ooerations PERSON(S) OR ORGANIZATION(S) WHOM YOU ARE REQUIRED BY A LOCATIONS WHERE YOU ARE REQUIRED BY A WRITTEN CONTRACT WRITTEN CONTRACT OR AGREEMENT TO AFFORD STATUS AS AN OR AGREEMENT TO AFFORD PERSON(S) OR ORGANIZATION(S) ADDITIONAL INSURED FOR SUCH INSURANCE AS IS AFFORDED BY STATUS AS AN ADDITIONAL INSURED FOR SUCH INSURANCE AS THIS POLICY, PROVIDED THAT SUCH WRITTEN CONTRACT OR IS AFFORD!;:D BY THIS POLICY, PROVIDED THAT.SUCl;t WRITTEN AGREEMENT IS EXECUTED PRIOR TO THE LOSS. CONTRACT OR A_GREEMENT IS EXECUTED PRIOR TO THE LOSS, Information required to complete this Schedule, if not shown above, will be shown in the Declarations .. ·i.A. Section II -Who Is An Insured is amended to include as an. additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above, However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or i•property damage" occurring after: 1. All work, • including . mate~lals, • parts or equipment furnished iri connection with such work, on' the· project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. Thal portion of "your work" out of which the injury or damage arises has been put .to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office,. Inc., 2018 CG 201012 19 POLICY NUMBER: 54326607-02 COMMERCIAL GENERAL LIABILITY CG 20 3712 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMP.LETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations PERSON(S) OR ORGANIZATION(S) WHOM YOU ARE REQUIRED BY A LOCATIONS WHERE YOU ARE REQUIRED BY A WRITTEN CONTRACT WRITTEN CONTRACT OR AOREEMENT TO AFFORD STATUS AS AN OR AGREEMENT TO AFFORD PERSON(S) OR ORGANIZATION(S) STATUS ADDITIONAL INSURED FOR SUCH INSURANCE AS IS AFFORDED BY AS AN ADDITIONAL INSURED FOR SUCH INSURANCE AS IS AFFORDED THIS POLICY, PROVIDED THAT SUCH WRITTEN CONTRACT OR BY THIS POLICY, PROVIDED THAT SUCH WRITTEN CONTRACT OR AGREEMENT IS.EXECUTED PRIOR TO THE LOSS. AGREEMENT IS EXECUTED PRIOR TO THE LOSS. Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 3812 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other. person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with. respect to liability for "bodily irijury", • "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions: or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded • to these additional insureds, the following addi"tional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising· out-of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepaieor approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or dr,awir,gs and specificati0ns: or • b. Supervisory, Inspection, arcHitectural or engineering activities .. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal. and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 38 1219 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: 54326607 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQVIRED BY WRITTEN CONTRACT ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to ~his endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.0ther lnsuranceand supersedes any beprimary and would not seek contributionfrom any other insurance available to theAdditional Insured. provision to thecontrary: Primary And Noncontributory Insurance This insurance is primary to and will not seekcontribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under thispolicyprovided that: (1) The Additional Insured is a named insuredunder such other insurance; and (2) You have agreed 'in wr'iting in a contract oragreement that this insurance would 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number: 54326607 COMMERCIAL GENERAL LIABILITY Form 10-02-1800 (Rev. 09-17) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and· any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II -Who Is An Insured. Other words· and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay damages that the insured becomes legally obligated to pay for "bodily injury" or !'property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily Injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by • you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, .. prior to the policy period; that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II -Who Is An Insured or any "empl6yeelf authorized by you to give cir receive notice of an "occurrence" or claim: • (1) Reports all, or any part, of the "bodily injury" or· "property damage" to us or any other insur13r; (2) Receives a written or verbal demand or claim for damages for the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages for "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting af any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out of an act that: (1) Is expected or intended from the standpoint of the insured; or (2) Would be expected or intended from the standpoint of a reasonable person in the circumstances of the insured; Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 17 to cause "bodily injury'' or "property damage", even if the actual "bodily injury" or "property damage" is of a different degree or type than intended or expected. This .exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. C.ontractual Lii;lbility "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. c. Liquor Liability "Bodily injury" or "property damage" for which any person or organization may be held liable by reason of: (1) Causing or contributing to the· intoxication of any person; (2) The fumishing of alcoholfc beverages to a person under the legal drinking age or under the influence of alcohol; (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages; or (4) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol in connection with any circumstances described in c.(1), (2), or (3) above. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, consumption of alcoholic beverages brought on your premises (whether or not a fee is charged or a license is required for such activity) will not be deemed, in itself, to constitute the business of furnishing, selling or serving alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties relatE,ld to .the .conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer cir in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury; This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution . (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage,· migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or foaned to, any insured. However, this·· subparagraph does not apply to: • (I) "BodUy injury" if sustained within. a building and caused. by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the Owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; Page 2 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or . were at any time transported, handled, stored, treated disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you miw be legally responsible: or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal • electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (Ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test • for, monitor, dea.n up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, llpollutants". (2) Any loss, cost or expense arising· out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, . detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or . (b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, . containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". • However, this paragraph does not apply to liability for damages, for ,"property damage" that the.insured would have in the absence • ofsuch request,. demand, .order or statutory or regulatory requirement, or such claim or 11suit" by or ori behalf of a governmental a.uthority. g. Aircraft, Auto Or Watercraft ,;Bodily injury" or "property damage" arising out of the • ownership; maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the . claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent: (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; Form 10·02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 17 (3) Parking 1;1n "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while In practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on It. Paragraphs (1 }, (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including tt,e contents of such premises, rented to you for a period of 7 or fewer consecutive • days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". j. Damage To Your Product "Property damage" to "your product" arising out . of it or any part of it. k. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". • This exclusion does not apply if the damaged work or the work out. of which the damage arises was performed on your behalf by a subcontractor. I. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property'' or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to. perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. m. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; Page 4 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. n. Personal And Advertising Injury "Bodily injury" arising o·ut of "advertising injury" or "personal injury". o. Access To Or Disclosure Of Confidential Or Personal Information And Data-Related Liability Damages arising out of: (1)Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Exclusions c. through m. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill -Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay damages that the insured becomes legally obligated to pay for "advertising injury" or "personal injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty.to defend the insured against any "suit" seeking damages for "advertising injury" or "personal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section Ill -Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for uncjer Supplementary Payments-· Coverages .A and B.. • • . • ; . . b. This insurance applies to "aovertising injury" or "personal injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. • • •• 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Advertising injury" or "personal injury" arising out of an offense committed by or on behalf of the insured, that: (1) Is intended by such insured; or (2) Would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. b. Publications With Knowledge Of Falsity "Advertising injury" or "personal injury" arising out of any electronic, oral, written or other publication of content or material by or with the consent of the insured: (1) With knowledge of its falsity; or (2) If a reasonable person in the circumstances of such insured would have known such content or material to be false. Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 17 c. Prior Offenses "Advertising injury" or "personal injury" arising out of any offense first committed before the beginning of the policy period. d. Crime Or Fraud "Advertising injury" or "personal injury" arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. e. Contracts "Advertising injury" or "personal injury" for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages: (1) That such insured would have in the absence of such contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract", provided the "advertising injury" or "personal injury" to which this insurance applies is caused by an offense first committed after the execution of such contract or agreement. f. Breach Of Contract "Advertising injury" or "personal injury" arising out of breach of contract. g. Failure To Conform To Representations Or Warranties "Advertising injury" or "personal injury" arising out of the failure of goods, products or services to conform with any electronic, oral, written or other representation or warranty of durability, fitness, performance, quality or use. h. Wrong Description Of Prices "Advertising injury" or "personal injury" arising out of the wrong description of the price of goods, products or services. i. Media Type Businesses "Advertising injury" or "personal injury'' arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, telecasting or telemarketing. This exclusion does not apply to "personal injury" caused by an offense described in Paragraphs 21. a., b. and c. of the definition of "personal injury" under the Definitions Section. j. Internet Activities "Advertising injury" or "personal injury'' arising out of: (1) Controlling, creating, designing or developing of another's Internet site; (2) Controlling, creating, designing, developing, determining or providing the content or material of another's Internet site; (3) Controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Internet site; or (4) Publication of content or material on or from the Internet, other than material developed by you to or at your direction. k. Continuing Offenses "Advertising injury" or "personal injury" that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of: (1) This insurance; or (2) A subsequent, continuous renewal or replacement of this insurance, that: (a) Is issued to you by us or by an affiliate of ours; (b) Remains in force while the offense continues; and (c) Would otherwise apply to "advertising injury'' and "personal injury". I. Pollution "Advertising injury'' or "personal injury" arising out of • the actual, alleged or threatened discharge, dispersal, seepage, .migration, release or escape of "pollutants". at any time. m. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". n. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. Page 6 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place In the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) • The injured person submits to examination, at our expense, by physicians of our choice as often as we rea,sonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. COVERAGE FORM EXCLUSIONS The following exclusions apply to all Coverages in this Coverage Form and all endorsements attached to it. 1. Asbestos, Silica Or Similar Compounds, Including Mixed Dust a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminat[ve, pathogenic, toxic or other hazardous properties of: (1) "Asbestos"; (2) "Silica"; or (3) "Mixed dust". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: . (1) Demand, order; request· or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess: or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing; the effects of "asbestos", "silica" or "mixed dust". 2. Employment-Related Practices This insurance does not apply to any damages, loss, cost or expense sustained at any time by: a. Any person, whether or not sustained in the course of employment by any insured, arising out of any employment-related act, omission, Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 17 policy, practice or representation directed at such person, occurring in whole or in part at any time, including any: (1) Arrest, detention or imprisonment; (2) Breach of any express or implied covenant; (3) Coercion, criticism, humiliation, prosecution or retaliation; (4) Defamation or disparagement; (5) Demotion, discipline, evaluation or reassignment; (6) Discrimination, segregation; (7) (a) Eviction; or harassment or (b) Invasion or other violation of any right of occupancy; (8) Failure or refusal to advance, compensate, employ or promote; (9) Invasion or other violation of any right of privacy or publicity; (1 0)Termination of employment; or (11 )Other employment-related act, omIssIon, policy, practice, representation or relationship in connection with any insured at any time. b. The brother, child, parent, sister or spouse of such person at whom any employment-related act, omission, policy, practice or representation is directed, as described in paragraph a. above, as a consequence thereof. This exclusion applies: i. Whether the insured may be liable as an employer or in any other capacity; and ii. To any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. 3. Enhancement, Maintenance Or Prevention Expenses This insurance does not apply to any loss, cost or expense incurred by you or others for any: a. Enhancement or maintenance of any property; or b. Prevention of any injury or damage to any: (1) Person or organization; or (2) Property you own, rent or occupy. 4. Fungi Or Bacteria • This insurance does not apply to: a. "Bodily injury", "property damage"., "personal injury" or "advertising injury" arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "fungi" or bacteria. b. Any damages, loss, cost or expense arising out of any: (1) Demand, order, request or regulatory or statutory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing; the effects of "fungi" or bacteria. 5. Information Laws, Including Unauthorized Or Unsolicited Communications •• This insurance does not apply to 1;1ny damages, loss, cost or expense arising out of any actual or alleged violation of: • a. The United States of America CAN-SPAM Act of 2003 (or any law amendatory thereof) or any similar regulatory or statutory law in any other jurisdiction; • b. The United States of America Tele'phone Consumer Protection Act (TCPA) of 1991 (or any law amendatory thereof) or any similar regulatory or statutory law in any other jurisdiction; c. The United States of America Fair Credit Reporting Act (FCRA) (or any law amendatory thereof including the Fair and Accurate Credit Transactions Act (FACTA)) or any similar regulatory or statutory law in any other jurisdiction; or d. Any other regulatory or statutory law in any jurisdiction that addresses, limits or prohibits the collecting, communicating, disposal, dissemination, distribution, monitoring, printing, publication, recording, sending or transmitting of content, information or material. 6. Intellectual Property Laws And Rights This insurance does not apply to any damages, loss, cost or expense arising out of, giving rise to or in any way related to any actual, alleged or threatened: a. Assertion; or Page 8 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) b. Infringement or violation; by any person or organization (including any insured) of any "intellectual property law or right". Further, this insurance does not apply to the entirety of all allegations in any claim or "suit", if such claim or "suit" includes an allegation of or a reference to an infringement or violation of any "intellectual property law or right", even if this insurance would otherwise apply to any part of the allegations in the claim or "suit". This exclusion applies unless the only infringement or violation of an "intellectual property law or right" is an offense described in the definition of "advertising injury" to which this insurance applies. 7. Lead a. This .insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "lead". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing; the effects of "lead". 8. War . This insurance does not apply to any damages, loss, cost or expense, however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we def13nd: 1. All expenses we incur. 2. Up to $250.for cost of bail bonds required because of accidents or traffic law violations arising out of the use of an'y vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable fimit of insurance. We dci not have lo furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All court costs taxed against the insured in the "suit". However, these payments .do not include attorneys' fees or attorneys' expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the. applicable limit of insurance, we will not pay any prejudgment i11lerest based on that period bf time .after the offer. • • • • 7. All interest on the full amount.of any,judgment that accrues after·entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 9 of 17 d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company}, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury", "advertising injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company}, to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages for the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture}, or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"}, or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However,coverage under this provision is afforded only until the 90th • day after you acquire or form the organization or the end of the policy period, whichever is earlier. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. No person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; you acquire, either directly or indirectly, for any: a. "Bodily injury" or "property damage" that occurred; or b. "Advertising injury" or "personal injury'' arising out of an offense first committed; in whole or in part, before you, directly or indirectly, acquired such assets, business or organization. SECTION Ill -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Page 10 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; and b. Damages under Coverage A, except damages for "bodily injury" or "property damage" included in the "products-completed operations hazard". 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages for "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. The Personal and Advertising Injury Aggregate Limit is the most we will pay for the sum of damages under Coverage B. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Eac;h Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b .. Medical expenses under Coverage C for all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages for "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to . you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period Is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To t11e extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as. soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection .with the claim or "suit"; (~) Authorize us to obtain records and other information: • (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured for injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 11 of 17 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or 8 of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excesslnsurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (I) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or a to defend the insured against any "suit" if any other insurer has a duty to. defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will ·• be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount ofthe loss, if any; that exceeds the sum of: • . ' • . (a) The total amount that all such other insurance would pay for the loss In the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares; ·we will follow this method also. Under this approach each insurer contributes equal amounts ·until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribu.tion by equal shares, we will contribute by_ limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. • 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; Page 12 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient • proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail address, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or . use in any alloy, by-product, compound or other material or waste, Waste includes materials to be recycled, reconditioned or reclaimed, 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur atthe time of the, physical injury, sickness or disease that caused it. • 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 13 of 17 provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 9. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, d~ficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining , to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law· in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, • tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions; reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes .liability for . an injury or damage arising out of the insured's rendering or failure to. render professional services; including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 13. "Intellectual property law or right" means any: a. Certification mark, copyright, patent or trademark (including collective or service marks); b. Right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non-personal information; c. Other right to, or judicial or statutory law recognizing an interest in, any expression, idea, likeness, name, slogan, style of doing business, symbol, title, trade dress or other intellectual property; or d. Other judicial or statutory law concerning piracy, passing off or similar practices. 14. "Lead" means the element lead in any form, Including its presence or use in any alloy, by- product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 14 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) 15. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased wo.rker" does not include a "temporary worker". 16. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 17. "Mixed dust" means any combination or mixture of "asbestos" or "silica" and any other dust, fibers or particles, in any form, including any presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a .. Bulldozers, farm machinery, forklifts and 'other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile. equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or • (c) Street cleaning;· (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, ,geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insur?tnce law are considered "autos". 19. "Occurrence" means an accident, including continuous or repeated exposure to substantially the sa.me general harmful conditions. 20. "Personal a.nd advertising inJury" means: a. "Advertising injury'.'; or b. Personal injury". 21. "Personal injury" means injury, other than "bodily injury", "property damage" or "advertising injury", caused by an offense of: a. False arrest, false detention or other false imprisonment; b. Malicious prosecution; c. Wrongful entry into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling, premises or room that such person occupies, if committed by or on behalf of its landlord, lessor or owner; or d. Electronic, oral, written or other publication of material that: (1) Libels or slanders a person or organization (which does not include disparagement of goods, products, property or services); or Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 15 of 17 (2) Violates a person's right of privacy. 22. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 23. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work thatmay need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily Injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 24. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time • of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems ar:,d applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 25. "Silica" means silica in any form (including silicates or other similar silicon compounds), including its presence or use in any alloy, by- product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 26. "Suit" means a civil proceeding in which damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 27. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 28. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 29. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization .whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. • Page 16 of 17 Includes copyrighted material of ISO Properties, Inc., with its permission Form 10-02-1800 (Rev. 09-17) b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 30. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Form 10-02-1800 (Rev. 09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 17 of 17 Policy Number: 54326606 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. -CANCELLATION -of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2, BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you owri more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does hot include any SL1bsidia.ry that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a. written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. • Such leased "auto" will be considered a covered "auto" you own and.not a covered "auto" you hire. However, the lessor is ah ''in'sured" only for "bodily injury" or "property damage" resulting from the acts·oromissions by: 1. You; • 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above, D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev.11-16) Page 1 of3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION 8.5. -FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. -TRANSPORTATION EXPENSES -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. • 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section bf the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed uhder a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. ' We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 fot loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4. -COVERAGE E.XTENSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We vyill pay for the expense of returning a stolen covered "auto" to you. 8. AIRBAG COVERAGE Paragraph 8.3.a. -EXCLUSIONS -of SECTION Ill -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag._ Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL Ar-JD DATA ELECTRONIC EQUIPMENT -BROADENED COVERAGE Paragraph C.1.b. -LIMIT OF INSURANCE -of SECTION Ill -PHYSICAL DAMAGE is deleted and replaced•with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. -DEDUCTIBLE -of SECTION Ill -PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.-DEDUCTIBLE -of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same l'accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. -DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV -BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss':, To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to • impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 8.2. -CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV -BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph 8.5 .. -OTHER INSURANCE of SECTION IV-BUSINESS AUTO CONDITIONS - is•amended to add the following: e. Any ".auto" hited or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO-COVERAGE TERRITORY Paragraph B.7.b.(5). -POLICY PERIOD, COVERAGE TERRITORY of SECTION IV- BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17, RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of -SECTION V-DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" POLICY NUMBER: 54326606 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TC CONSTRUCTION COMPANY, INC. Endorsement Effective Date: 11/1/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. --"Other Insurance" of Item B. -"General Conditions" under Section IV -"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 Commercial Excess Liability Policy Named Insured: TC Construction Company, Inc. Carrier: Federal Insurance Company Exposure States: CA Coverage Form • Chubb Market Edge Form Coverage/Limits of Llab/1/ty Bodily Injury & Property Damage Annual Aggregate Schedule of Underlying Policies Employers Llablllty Carrier: Federal Insurance Company Policy Number: • 54326608 Policy Period: 11/1/2025 to 11/1/2026 General Liability Carrier: Executive Risk Indemnity Incorporated Polley Number: 54326607 Policy Period: 11/1/2025 to 11/1/2026 Automobile Liability Carrier: Federal lnsurl:lnce Goh\p~ny Policy Number: 54326606 .. • • ... • • Policy Period: 11/1/2025 to 11/1/?026 Amendments of Coverage 1. Excess Liability Polley Form -07-02-0909 (05/05) $5,000,000 Each Occurrence $5,000,000 Aggregate $1,000,000 Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease -Policy Limit $2,000,000 Each Occurrence $4,000,Q00 General Aggregate $4,000,00(). Completed Operations Aggregate 2. Limits of Insurance• Non-Accumulation of Limits -07-02-0943 Exclusions of Coveragf1 >'(,'" ' 1. Lead Excl4sie)tl L 07+02~1\157 (05/05) , ·· ..... •.• 2. lntellectu~JPr~perty Laws or Rights Exclusion, 07-02~1.568(()5/10) 3. Care, CU!itody 6tControl E>cclusion -07-02-1569 (06/05) • 4. Bh;iloglcal Agents E;xcl,Uiil0n • 07-02-1694 (05/05) ••• 5. Exterior lnsulatlon\3nd Finish Systems Exclusion -07-02-2155 6. Information.Laws; Including Unauth.orized or Unsolicited Communications Exclusion• 07-02-2173 7. Asbestos, Silica or Similar Compounds including Mixed Dust Exclusion -07-02,-2196 (03/08) 8. War Exclusion -07-02-2736 9. Exclusion -Access or Disclosure & Electronic Data-Related Liability with Exceptions -07-02-2850 10. Scheduled Activity, Contract, Event, Premises Product, Service or Work Exclusion -Wrap-up Exclusion -07-02-2789 11. Certified Act of Terrorism Exclusion -07-02-1954 12. Non-Accumulation of Limits -7-02-0943 Astrus Insurance Solutions, LLC 800 E Colorado Blvd. I Suite 100 I Pasadena, CA 91101 10 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number TC CONSTRUCTION COMPANY, INC. 10540 PROSPECT AVENUE Policy Number SANTEE CA 92071 Symbol: WCF Number: 54326608 Policy Period Effective Date of Endorsement 11-1-2025 TO 11-1-2026 11-1-2025 Issued By (Name of Insurance Company) FEDERAL INSURANCE Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which ii Is attached and Is effective on the date Issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy becaus·e California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) • Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS WHERE REQUIRED BY WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative WC 90 03 75 (05/18)