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HomeMy WebLinkAboutDominguez General Engineering Contractor; 2005-04-11; 3840-1CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 P - Qp Revised 10/08/03 Contract No. 3840-1 Page 1 of 11 5 Pages TABLE OF CONTENTS . Item . Notice Inviting Bids ........................................................................................................................ Contractor’s Proposal .................................................................................................................... Bid Security Form .......................................................................................................................... Bidder’s Bond To Accompany Proposal ....................................................................................... Guide For Completing The “Designation Of Subcontractors” Form ............................................. Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. Bidder’s Statement Of Financial Responsibility ............................................................................ Bidder‘s Statement Of Technical Ability And Experience ............................................................. Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive Liability And Workers’ Compensation ........................................................................................... Bidder‘s Statement Of Re Debarment .......................................................................................... Bidder’s Disclosure Of Discipline Record ......................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. .- Contract Public Works .................................................................................................................. Labor And Materials Bond ............................................................................................................ Faithful PerFormancehVarranty Bond ........................................................................................... Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 6 10 18 19 21 23 24 25 26 27 28 30 31 37 39 41 .. a Revised 10/08/03 Contract No . 3840-1 Page 2 of 11 5 Pages SUPPLEMENTAL PROVISIONS . Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 . Section 5 5-1 5-4 5-6 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9- 1 . 9-3 General Provisions Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... Definitions ............................................................................................................. Abbreviations ........................................................................................................ Scope And Control Of The Work Subcontracts ......................................................................................................... Contract Bonds ..................................................................................................... Plans And Specifications ...................................................................................... Surveying .............................................................................................................. Authority Of Board And Engineer ......................................................................... Changes In Work Changes Initiated by the Agency .......................................................................... Extra Work ............................................................................................................ Changed Conditions ............................................................................................. Disputed Work ...................................................................................................... Control Of Materials Materials Transportation, Handling and Storage .................................................. Materials And Workmanship ................................................................................. Utilities Location ................................................................................................................. Relocation ............................................................................................................. Cooperation ........................................................................................................... Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ........................................................................... Time of Completion ............................................................................................... Completion And Acceptance ................................................................................ Liquidated Damages ............................................................................................. Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers' Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 44 45 45 46 46 47 49 52 53 53 54 54 57 58 58 58 59 59 59 60 60 60 60 61 61 61 61 61 62 66 66 66 a Revised 10/08/03 Contract No . 3840-1 Page 3 of 11 5 Pages Part 2 Construction Materials c Section 200 Rock Materials 200-1.2.2 Permeable Material ............................................................................................... 69 200-2 Untreated Base Materials ..................................................................................... 70 Section 201 201 -1 Portland Cement Concrete .................................................................................. 71 Concrete. Mortar And Related Materials Section 203 Bituminous Materials 203-6 Asphalt Concrete .................................................................................................. 73 Section 204 Lumber And Treatment With Preservatives 204-1 Lumber And Plywood ............................................................................................ 75 Section 206 Miscellaneous Metal Items 206-8 Light Gage Steel Tubing And Connectors ............................................................ 78 206-9 Portable Changeable Message Sign .................................................................... 79 206-7 Traffic Signs .......................................................................................................... 75 Section 207 Pipe 207-2 Reinforced Concrete Pipe ..................................................................................... 80 207-25 Underground Utility Marking Tape ........................................................................ 80 Section 21 2 Landscape And Irrigation Materials 21 2-1 Landscape Materials ............................................................................................. 82 /I 21 2-2 Irrigation System Materials .................................................................................... 85 Section 21 3 Engineering Fabrics 21 3-2 Geotextiles ............................................................................................................ 87 21 3-3 Erosion Control Specialties ................................................................................... 87 Section 21 5 Fencing 21 5-1 Environmental Fencing ......................................................................................... 87 PART 3 Construction Methods Section 300 300- 1 300-2 300-3 300-4 300-5 300-9 300-1 1 Earthwork Clearing And Grubbing ........................................................................................ 88 Unclassified Excavation ........................................................................................ 88 Structure Excavation And Backfill ......................................................................... 90 Unclassified Fill ..................................................................................................... 91 Borrow Excavation ................................................................................................ 92 Geotextiles For Erosion Control And Water Pollution Control ............................. 92 Stonework For Erosion Control ............................................................................. 93 Section 301 Treated Soil. Subgrade Preparation And Placement Of Base Materials 301 -1 Subgrade Preparation ........................................................................................... 94 43 Revised 10/08/03 Contract No . 3840-1 Page 4 of 1 15 Pages Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ....................................................................... .......... 94 302-1 1 Asphalt Pavement Repairs And Remediation ............................................ .......... 95 c_ Section 303 303-1 303-5 Concrete And Masonry Construction. Concrete Structures . ... ... ..... . ..... ..... .... .... ... .. ... . ....... .. .. . ... . .. ... .. ... . ....... .... .. .... . . ....... . Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways ............................................................................ 97 97 Section 306 Underground Conduit Construction 306-1 Open Trench Operations ................... ........ ........................................................... 98 306-5 Abandonment Of Conduits And Structures ................................................ .......... 101 Section 308 308-2 Earthwork And Topsoil Placement ............................................................. .......... 101 308-4 Planting ................................................................................................................. 103 308-5 Irrigation System Installation ................................................................................. 105 308-6 Maintenance And Plant Establishment ................................................................. 106 308-7 Guarantee ............................................................................................................. 107 308-8 Measurement And Payment. ................................................................................ 108 Section 31 3 31 3-2 Temporary Traffic Signing ................................................................................... 109 Landscape And Irrigation Installation Temporary Traffic Control Devices SPECIAL CONDITIONS - TECHNICAL SPEC I Fl CAT1 ONS High Density Polyethylene Pipe 15068-1 ..................................................................................... 1 10 APPENDIX APPENDIX A RESIDENT NOTIFICATION EXAMPLE .............................................................. 11 5 INFORMATION FOR CONTRACTOR A. There are no Geotechnical Reports available for this project. B. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST: PHONE (760) 602-2460 C. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS: WILLIAM PLUMMER, DEPUTY CITY ENGINEER: PHONE (760) 602-2768 e Revised 10/08/03 Contract No. 3840-1 Page 5 of 11 5 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO PM on JANUARY 27, 2005, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Construct 488-feet of high density polyethylene sewer pipe, dismantle existing sewer lift station, and construct site restoration improvements. WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 384G1 This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. 7 The City of Carlsbad encourages the participation of minuity and womemowned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. 64 Revised 10/08/03 Contract No. 3840-1 Page 6 of 115 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 7 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors 5. Designation of Owner OperatodLessors & 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and and Amount of Subcontractor Bid Amount of Owner Operator/Lessor Work Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $270,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract Class "A", General. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. Theescrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $25 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. /c 4- %$ Revised 10/08/03 Contract No. 3840-1 Page 7 of 11 5 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in theexecution of the Contract. /-- The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewriiten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. r The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admtted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of atorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. - If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of e= \$ Revised 10/08/03 Contract No. 3840-1 Page8of115Pages the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A:V 2) Are admitted and authorized to transact the business of insurance in the Sate of California by the Insurance Commissioner. /-- Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite a offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bider may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. /c Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2004-400, adopted on the 14'h day of December 2004. ISABELLE J. PAULSEN, CMC Deputy Clerk DATED: December 21, 2004 e- t# Revised 10/08/03 Contract No. 3840-1 Page 9 of 115 Pages c - CITY OF CARLSBAD WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3840-1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SEWER PIPELINE IMPROVEMENTS, LIFT STATION DISMANTLING, AND SITE RESTORATION IMPROVEMENTS SCHEDULE A .- Item - No. DescriDtion I- - I* .-. 1 Mobilization, construction signs, clearing and grubbing, all tree removals, dust abatement and demobilization and replant trees, groundcover, and bushes removed on slope not to exceed 8% of bid mice Approximate Quantity Unit and Unit - Price Total Lumpsum $1 sJOOo~od $ I 54j000t00 .- -- Dollars (Lump Sum) 2 Remove and dispose existing 11LF $/oo*ob concrete curb & gutter at driveway entrance to Dollars per Lineal Foot Revised 10/08/03 Contract No. 3840-1 Page 10 of 1 15 Pages * e Item - No. 3 4 5 6 Description Approximate Quantity and Unit Construct concrete Curb and Gutter per SDRS G-2 along Woodstock Street at the existing driveway frontage to 11 LF U Dollars per Lineal Foot Remove and dispose existing concrete curb af perimeter of parking lot adjacent to Woodstock Lift Station Dollars per Lineal foot Construct concrete Curb per SDRS G-1 around parking lot adjacent to Woodstock Lift Remove and dispose existing concrete driveway to Woodstock Lift Station Cut existing copper water service pipe to Woodstock Lift Station from potable water pipeline, close corp stop, and replace cut asphalt 68 LF 68 LF LS LS Unit - Price $ I300 roo e Revised 10/08/03 Contract No. 3840-1 Page 11 of 1 15 Pages t d Item Approximate Quantity Unit Description and Unit Price Total Remove and dispose existing 440SF $ 5,00 $ Z~~O~OO asphalt pavement (6” thick) in parking lot adjacent to Woodstock Lift Station and - No. 8 - - 9 e c 10 11 12 Dollars per Square Foot Install 6-inch thick Asphalt Concrete Pavement in parking lot adjacent to Woodstock Lift Station Install and remove temporary LS $200 qoo $2006,00 security fence around lift station site and parking lot during construction Complete Dollars (Lump Sum) Remove and replace LS $/0.(30 C?Q d $lpOQ.s~ interfering portions of Concrete drainage ditch per SDRSD D-75 Type D from approximately Station 3+71 Dollars (Lump Sum) sewer pipe installation and then restore slope to original contours after pipe is installed from Station 3+71 to Station 8+20 per Note 5 on Sheet 2 of Plans at Construct earthen bench for LS $ /?,OOdod !$ I~IOOOJC1 vu -4 Dollars (Lump Sum) Revised 10/08/03 Contract No. 3840-1 Page 12 of 1 15 Pages Item - No. 13 14 15 16 17 Description Approximate Quantity Unit and Unit - Price - Total Construct 8-inch HDPE 488LF $ 150 end $ 73,208,00 sewer pipeline from Station 3+71 to Station 8+59 Dollars per Lineal Foot Connect 8-inch HDPE to 8- 1 EA !$~oo~~d6? $2000, op inch PVC at Station 3+71.26 per Detail on Sheet 3 Dollars Each Connect 8-inch HDPE to 1 EA $2000,00 $ =o.od wetwell at Station 8+59 per Detail on Sheet 3 Complete Dollars Each Dismantle existing lift station LS $ /.r;!O 00.00 including removal of all equipment, electrical power transformer and meter, lighting, water service line on lot, irrigation system, fencing, and landscaping per Section A on sheet 3 of the Dollars (Lump Sum) Bypass wastewater around LS s-00 $.8,(7a8.0d wetwell during wetwell dismantling, remove wastewater from wetwell, clean wetwell, place sand in bottom, and install new concrete channel in wetwell Der Section A on Sheet 3 of Dollars (Lump Sum) Revised 10/08/03 Contract No. 3840-1 Page 13 of 1 15 Pages Item - No. 18 19 Description Place compacted fill, and install new irrigation system and hydroseed lawn at lift station site in accordance with "Irrigation System and Hydroseed Area Plan" on Sheet 3 of the plans, Sheeting, shoring, and bracing including all labor and equipment, submittals of Approximate Quantity Unit Price - Total and Unit - LS $2_r;lflQo.00 $2$L!€aO c) LS Dollars (Lump Sum) Total amount of Schedule "A" bid in numbers: SCHEDULE B 1 Rock Excavation Allowance applied to "potential" removal of rock encountered from Station 3+71 to Station 4+50 for pipeline trench excavation, and notification of residences within 300-feet of Dollars per Lineal Foot Price(s) given above are firm for 90 days after date of bid opening. Bid award will be based on total cost of Schedule "A only. c Addendum(a) No(s). [ hadhave been received and idare included in this proposal. a Revised 10/08/03 Contract No. 3840-1 Page 14 of 1 15 Pages The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the fa aci of a contractor within the State o California, validly licensed under license number fi r& +?G , classification k-r which expires on an affidavit. .- 6 , and that this statement is true and correct and has the legal effect of A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 201 04. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is -& c", .& p3 (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amodt bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted ~0~~~ 6 c/ Gz- fx 3I,E;7cl,d&CoA.'~- (2) Signature (given and surname) of proprietor ,440 Lt--n r,/t'Z-/t,Gu~< (3) Place of Business 2 0, 6 STR.&AJ G City and State Ho 5EA/C c (1.7 6 (4) Zip Code %r c-720 Telephone No. 6 26 *- 5 7 . -03&1 (5) E-Mail Revised 10/08/03 Contract No. 3840-1 Page 15 of 1 15 Pages License Detail Page 1 of2 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD -------x_-... --*IxIxII-^Ixxx -~~ Contractor License # 814046 A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: ___.--I ~ xx_x" -I .-- "- DISC LA1 M E R CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/27/2005 * * * Business Information * * * DOMINGUEZ GENERAL ENGINEERING CONTRACTOR PO BOX 6234 ROSEMEAD, CA 91 770 Business Phone Number: (626) 452-0560 Entity: Sole Ownership Issue Date: 10/25/2002 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * ! class [ bescription ~ L ENGINEERING CONTRACTOR 1 ~I__ -~ -1 * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6336514 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 08/01/2004 I http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 01/27/2005 License Detail Page 2 of 2 License Number Request Contractor Name Request Contractor's Bondinn History Personnel Name Request * * * Workers Compensation Information * * * Salesperson Request This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1754748 Effective Date: 10/16/2003 Expire Date: 10/01/2005 Salesperson Name Request Workers Compensation History Personnel List ,- http://www2 .cslb.ca.gov/C SLB-LIBRARY/License+Detail.asp 01/27/2005 Personnel List Page 1 of 1 License Number Request c Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License ## 814046 Contractor Name Request Personnel Name Request Click on the person's name to see a more detailed page of information on that person. Salesperson Request Salesperson Name Request http://www2.cslb.ca.gov/CSLB~LIBRARY/Personne1+List.asp?LicNum=8 14046 0 1/27/2005 IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (Signature) (2) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of Place of Business City and State (Street and Number) Zip Code Telephone No. E-Mail @ Revised 10/08/03 Contract No. 3840-1 Page 16 of 1 1 5 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: 43 Revised 10l08l03 Contract No. 3840-1 Page 17 of 1 15 Pages BID SECURITY FORM (Check to Accompany Bid) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ )I this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) e Revised 10/08/03 Contract No. 3840-1 Page 18 of 1 15 Pages '. I WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 KNOW ALL PERSONS BY THESE PRESENTS: That we,Enqineerinq Contractor , as Principal, and V > as Surefy are held and firmly bound unto the City of Carlsbad, Ca-Gs follows: (must be at least ten percent (10%) of the bid amount) 10% of bid amount for which paymen!, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: North American Specialty 1 Dominguez General I I WOODSTOCK SEWER PIPELINE EXTENSION in the dity of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date oflaward of Contract by the City Council of the City of Carlsbad, being duly notified of said award, !hen this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. CONTRACT NO. 3840-1 I Bond# 61 1 BIDDER'S BOND TO ACCOMPANY PROPOSAL - ... ... ... ... ... ... ... ... ... 6.. m.. ... ... e.. ... ... ... ... ... ... ... ... ... .. . P levised 10/08/03 <- Contract No. 3840-1 Page 19 of 11 5 Pages I In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not el onerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 24th day of January PRINCIPAL: ,20 05 - i; - Dominqbez General Enqineering COntraCtoWxecuted by SURETY this 24th day (namle of Principal) of January ,20 05. By: I SURETY: North American Specialty Insurance Company (Titloland 1%rtani7ntinn nf 5 (name of Suret ) 701 S. Par k er St., #3800 (s ig nat u re of Attorn ey-i n- Fa&) " I I Matthew R. Dobyns (title and organization of signatory) (printed name of Attorney-in-Fact) (Atla F !h corporate resolution showing current power of attorney.) (Proder notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (Pres,ident 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 secretarv or assistant secn APPI RON City I BY: - c F ary under corporate seal empowering that officer to bind the corporation.) WED AS TO FORM: LD R. BALL torney 3evised 10/08/03 Contract No. 3840-1 Page 20 of 1 15 Pages ,/- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS Angeles } ss. On 1/27/05 , before me, Yvette C Morales, Notary Public personally appeared Dale Name and Title of Otficer (e g . "Jane Doe, Notary Public') Ado1 fo Domi nguez Name@) of Sgner(s) % personally known to me U proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, OPTIOM Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ri rl Rnnd Document Date: 1/27/05 Number of Pages: 2- North American Specialty Insurance Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Adnl fn Dnmi nniie7 IXJ Individual 0 Corporate Officer - Title@): 0 Partner - Limited General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: nnminn1ie7 Genera 1 Fnyiv Q 1999 Nali~ Notary Association - g3M De Soto Ave.. P.O. Box 2402 - Chat~wciih. CA 913192402 - w.nationalnotary.cfg Prod. No. 5907 Reorder: Call Tol-Free 1800576-6827 . .'. sTAl,E OF California COlJNTY OF Orange } ss. 011 1 /24/05 , bejlrerne, Mary Martignoni - Notary Public PERSONALLY APPEARED Matthew R. Dobyns persmrally known io nie to be ihe person@ whose nanie(a ishisubscribed to the withiti irrstrrrnietii arid acknowledged io me ihat h- execrrted ilw suttie in Iii- wril~i~rizedc~~pucity(~ atid ilut by liidLElE%X sigJiuture(3f oti he insirtitrierif the persoti(;38, or the entity upim behu/f i?f which the person($ acted. executed ihe itistriintetit. WI?"ESS my hutid utid o[]iciul sed MARY MARTlGNONl 1[ - This areafiir Oflcial Norarid Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) North American Specialty Insurance Company SIGNEA(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT ID-1232 (REV. 5/01) ~~ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY F GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: LES M. MANTLE and MATTHEW R. DOBYNS jointly or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (lO,OOO,OOO.OO) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 'J Steven P. Andemn, Execnlive Vice Presidenl of Washington Inlernnlionsl Insurance Company & Vice Presidcnl of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this xday of October ,20E. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 2 day of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. October ,20E, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Steven P. Anderson , Yasmin A. Patel, Notary Public I, James A. Carpenter , the duly elected Assistant Secretan, International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. of North American Specialty Insurance Company and Washington IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this z#y of January ,242. James A. Carpenter, Vice President & Assirmi Secretary of Washington lnlemational Insurance Company & Asislanl Secrelary ofNoalh American Specially Insurance Compmy Company Profile Page 1 of2 l Lompany Profile NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101-2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 29874 NAIC Group #: 0181 Date authorized in California: Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE California Company ID #: 3208-6 June 30, 1989 License Status: UNL I MI TED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER 0 112 7/2005 Compay Profile a- 3 SURETY WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company- Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http ://cdinswww. insurance .ca. gov/pls/wu~cogrof/idb~co~rof~utl. get_cogroflp_EID=6943 Page 2 of 2 0 1/27/2005 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook) and in the Supplemental Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, ‘Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and ‘Work and the definitions in section 1 -2 of the Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. c The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined _- by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. 43 Revised 10/08/03 Contract No. 3840-1 Page 21 of 11 5 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or / 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. f$ Revised 10/08/03 Contract No. 3840-1 Page 22 of 1 15 Pages c - -c _- DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name an Subcontractor's License No.* Page of pages of this Subcontractor Designation form - * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." - t4) Revised 10/08/03 Contract No. 3840-1 Page 23 of 11 5 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. t3 Revised 1OlO8lO3 Contract No. 3840-1 Page 24 of 1 15 Pages rc ,- KAREN L. PETELIN, CPA DBA: PETELIN PROFESSIONAL SERVICES 901 Dove St.. Suite 230 Newport Beach, Ca. 92660 Accountant’s Compilation Report wember 24,2004 mer minquez General Engineering ave compiled the accompanying balance sheet as of September 30,2004, and the ated statement of income and expenses and supplementary schedules for the period :n ended, in accordance with standards established by the Amencan Institute of rtified Public Accountants. compilation is limited to presenting, in the form of financial statements, information It is the representation of management. I have not audited or reviewed the :ompanying financial statements and supplementary schedules and, aecordingly, do not press an opinion or any other form of assurance on them. inagement has elected to omit substantially a11 of the disclasures and the Statements of ;h flows required by generally accepted accounting principles. If the omitted closures and statement of cash flows were included in the financial statements, they ght influence the user’s conclusions about the CQ~~P~~Y’S financial position. cordingly, these financial statements are not designed for those who are not informed >ut such matters. Respectfully 1 submitted, ,,-- Karen L. Peteiin Certified Public Accountant Current Assets Accts. receiva bl e-trad e Cost & profit in excess of billing Total Current Assets Fixed Assets Computer equipment Machinery & equipment Transportation equipment Less accumulated depreciation Total Fixed Assets Dominguez General Engineering Balance Sheet As of September 30,2004 ASSETS TOTAL ASSETS LIABILITIES & OWNERS' EQUlN Current Liabilities Accounts payab(e Credit cards payable Billings in excess of costs Notes payable Total Current Liabilities Owners' Equity Retained earnings Total Owners' Equity TOTAL LIABILITIES & OWNERS' EQUITY $ 463,405 4,836 $ 468,241 $ 2,440 129,364 64,700 (42,95 9) 153,545 S 621.786 $ 89,280 32,523 228,270 13,079 $ 363,152 $ 258,634 258,634 $ 621,786 See accompanying accountant's compilation report. .e-- - Dominguez General Engineering Statement of Income For the Period Beginning January 1,2004 and Ending September 30, 2004 Amount Percent Income Earned Contract Revenue Total Income Cast of Goods Sold Gross Profit Gen & admin expenses Income from operations Other income & expense Income before taxes Net income Retained earningsJanuary 1, 2004 Less draws Retained eamings-September 30, 2004 $ 953,076 100.0% $ 953,076 100.0% 689,842 72.4% $ 263,234 27.6% 11 7,520 12.3% $ 145,714 15.3% (1 357) -0.2% $ 143,857 15.1% $ 143,857 15.1% 221,475 (1 06,698) $ 258,634 See accompanying accountant's compilation report. KAREN L. PETELIN, CPA DBA: PETELIN PROFESSIONAL SERVICES 901 Dove St.. Suite 230 Newport Beach, Cst. 92660 Supplementary Schedules As of September 30,2004 See accompanying accountant’s compilation report which is an integral part of these statements. Dominguez General Engineering Supplementary Schedule-Schedule of .Expenses For the Period Beginning January 1,2004 and Ending September 30,2004 Earned Contract Revenue Amount $ 953.076 Percent 100.0% Cost of Goods Sold Material Direct labor Subcontractors Bond expense Equipment rental Fuel & oil Worker compensation Other job costs ti 335,848 158,700 93,277 19,623 34,015 16,127 29,298 2.954 0.352 0.167 0.021 0.036 0.017 0.031 0.003 0.098 Total Cost of Goods Sold Gen & admin expenses Advertising Auto expense Bank charges Bid & plans expense Building supplies Depreciation Dues & subscriptions lnsurance Interest expense Legal & accounting Licenses & permits Meals & entertainment Miscellaneous expense Office expense Outside services Permits & fees Postage & freight Rent expense Repairs & maintenance Taxes & payrotl Telephone expense Tools & machinery Travel expense Uniforms Utilities expense Total General & Admin. Exp. $ 689,842 $ 332 4,906 1,180 1,046 4,341 21,931 26 1 15,023 1,887 2,455 2,022 3,483 214 2,720 2,882 4,293 140 5,500 5,553 29,400 3,722 2,069 199 91 2 1,049 $ 117,520 72.4% 0.0% 0.5% 0.1 % 0.1 % 0.5% 2.3% 0.0% 1.6% 0.2% 0.3% 0.2% 0.4% 0.0% 0.3% 0.3% 0.5% 0.0% 0.6% 0.6% 3.1 % 0.4% 0.2% 0.0% 0.1 % 0.1 % 12.3% See accompanying accountant's compilation report. 0 Y m- r- m' ml- rn t I I i I I I : I I e+ I e3 oIomooow~o$? Oa,IoOm@.I~~ (vObrn[D03 0- I I I I I I I I ii VI I 2 2, m Obcom= 0000 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. a Revised 10/08/03 Contract No. 3840-1 Page 25 of 1 15 Pages DOMINGUEZ GENERAL ENGINEERING CONTRACTOR LIC#A814046 P.0.EOX 6234 ROSEMEAD CA 91 770 Phone (626)216-5212 FOX (626)401-0156 January 28,2005 JOB HISTORY LOCATION: PASADENA 0WNER:CITY OF PASADENA JOB NAME : LAGUNA RD SEWER BID AMOUNT $104,000 CONTACT : DAVlD ORTEGA PHONE#626-744-6912 FINISHED DATE 02-2005 LOCATION : SANTA ANA OWNER : CITY OF SANTA ANA JOB NAME : FLOWER &FIFTEEN ST SEWER BID AMOUNT $ CONTACT : ED TORRES P HONE#7 14-647-50 18 FINSHED DATE : 12-2004 LOCATI0N:ORANGE PARK ACRES OWNER :GREG WINNER 8 COUNTY OF ORANGE JOB NAME: MEADS AVESEWER MAIN BID AMOUNT $150,000 [ LOCATION : SANTA ANA OWNER : ClTY OF SANTA ANA JOB NAME : FIFTH AND MOUNTAIN VIEW SEWER BID AMOUNT$183,000 CONTACJ : ED TORRES PHONE#714-647-50 18 NNISH.€D DATE 06-2004 LOCATION :LOMA LINDA OWNER : CITY OF LOMA LINDA JOB NAME COOLEY AVE WATERMAIN BID AMOUNT $250,000 CONTACT JAR8 PHONE # 909-799-2840 FINISHED DATE 04-2004 LOCATION : COMTON OWNER : COMTON MUNICIPAL WATER DISTRICT JOB NAME WILLOWBROOK AVE WATERMAIN BID AMOUNT $220,000 CONTACT MARTIN URQUHART PHONE #310-503-9951 FINISHED DATE 9-03 LOCATION : LAWNDALE OWNER : CITY OF LAWNDALE - HAWTHORNE BLVD SEWER LATERAL BID AMOUNT $90.000 [ LOCATION : HERMOSA BEACH OWNER : CITY OF HERMOSA BEACH JOB NAME : HILLCREST AVE STORM DRAIN BID AMOUNT $ 120,000 CONTACT VICTOR JACKSON PHONE # 310-937-0213 FINISHED143 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERSy LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS COMPENSATION ?- (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. a Revised 10/08/03 Contract No. 3840-1 Page 26 of 1 15 Pages DATE (MMIDDMYYY) PRODUCER (909) 860 - 0 5 9 9 FAX (909)860-4119 Western Insurance Marketing W Box 4760 Diamond Bar, CA 91765-0760 ense # 0548614 INSURED Ado1 fo Domi nguez DBA: Dominguez General Engineering Contractor P.O. Box 6234 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAlC # INSURERA: Landmark American Insurance Co INSURERB: INSURER C: 1 x 1 COMMERCIAL GENERAL LIABILITY 1 Rosemead, CA 91770 CLAIMS MADE OCCUR X INSURER D: INSURER E: H I TYPE OF INSURANCE POLICY NUMBER ISR ADD'L - GENERAL LIABILITY LHA127291 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS POLICY EFFECTIVE POLICY EXPIRATION 12/11/2004 12/11/2005 SCHEDULED AUTOS EACH OCCURRENCE DAMAGE TO RENTED P) ME0 EXP (Any one person) PERSONAL 8 ADV INJURY HIRED AUTOS H NON-OWNED AUTOS 1,000,00( $ 50,00( $ 5,00( $ 1.000. oo( H GENERAL AGGREGATE PRODUCTS - COMPIOP AGG $5,000 DEDUCTIBLE EACH OCCURRENCE $ 2,000, oo( $ 2 ,000, oo( H I I I COMBINED SINGLE LIMIT (Ea accident) I GARAGE LIABILITY ANY AUTO $ EXCESSlUMBRELLA LIABILITY 7 OCCUR CLAIMS MADE f yes, describe under SPECIAL PROVISIONS below OTHER EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT LIMITS $ $ $ $ $ ~ $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC I $ AGG I 8 AUTO ONLY E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ UPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Carlsbad, Its Officials &Employees are Named as Additional Insured per attached endorsement .. **This Certificate Supersedes Certificate Issued on 03/09/2005*** *Except 10 day notice for non-payment of premium CFRTIFICATF HOLDFR CANCFl I ATION I SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE F City of Carlsbad Public Works Purchasing Department, Atten: Kevin Davis C/O Pub1 ic Works 1635 Faraday Avenue Carlsbad, CA 92008-7314 EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL 30" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUREA MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (2001108) FAX: (760)602-8562 OACORD CORPORATION 1988 W IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) LANDMARK AMERICAN INSURANCE COMPANY P This Endorsement Changes The Policy. Please Read If Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LlABlLtTY COVERAGE FORM PRODUCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV - CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of "your product" or "your work" done under a written contract with that person or organization and included in the "product-completed operations hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. /- This endorsement effective 12/11/2004 forms part of Policy Number issued to by Landmark American Insurance Company LHA127291 ADOLFO DOMINGUES DBA: DOMINGUES GENERAL ENGINEERING CONSTRUCTION ,- Endorsement No.: 17 RSG 14048 0903 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. Tuesdav. Februarv 01.2005.max ~~ LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION I1 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of “your work” for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 12/11/2004 forms part of Policy Number by Landmark American Insurance Company RSG 15001 0903 (CG 2010 1185) LHAi27291 - issued to ADOLFO DOMINGUES DBA: DOMINGUES GENERAL ENGINEERING CONSTRUCTION Endorsement No.: 01 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission ! I Trresdm. Februarv 01. 2005.max mM CERTIFICATE OF LIABILITY INSURANCE INSURED ADOLFO DOMINGUEZ DBA : DOMINGUEZ GENERAL ENGINEERING CONTRACTOR DATE (MMIDDNYYY) I 03/25/2005 INSURER A: American States/Safeco-Coml INSURER B: PRODUCER (909)860-0599 Western Insurance Marketing KO Box 4760 ense # 0548614 PO BOX 6234 ROSEMEAD, CA 91770 FAX (909)860-4119 INSURER C: INSURER D: INSURER E: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE Diamond Bar. CA 91765-0760 I INSURERS AFFORDING COVERAGE 1 NAlC # ~~ ~ POLICY NUMBER LOC AUTOMOBILE LIABILITY - 2 5CC02 7 38810 l-l I F City of Carl sbad Publ ic Works Purchasing Department, Atten: Kevin Davis C/O Publ EXPIRATION DATE THEREOF, THE ISSUING INSURER WlLL ENDEAVOR TO MAIL =DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE T~IL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIL~~Y 1635 Faraday Avenue Carlsbad, CA 92008-7314 S AGENTS OR REPRESENTATIVES. . POLICY EFFECTIVE - 'OLICY EXPIRATIOL LKEMmma LlMl EACHOCCURRENCE $ I GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR LIMIT APPLIES PER I DAMAGE TO RENTED - $ I MED D(P (Any one Dersoi 5 I PERSONAL 8 ADV INJURY GENERAL AGGREGATE PRODUCTS ~ COMP/OP AGG 12/11/2004 12/11/2005 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) x ANYAUTO IIH ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO k AUTO ONLY - EA ACCIDENT OTHERTHAN &?% AGG AUTO ONLY: EXCESSlUMBRELLA LIABILITY OCCUR CLAIMS MADE b EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY I $ I E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE I ANY PROPRIETOWPARTNEWDCUTIVE OFFICEWMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LlMll I SIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSE he Cil ON? i tional Insured. **This Certificate Supersedes Certificate Issued on 03/09/2005*** *Except 10 day notice for non-payment of premium I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 Fu N I> CERTIFICATE OF WORKERS' COMPENSATION INSURANCE COMPENSATION INSURANCE ISSUE DATE: 03-21-2005 GROUP: POLICY NUMBER: 1754748-2004 CERTIFICATE EXPIRES: 10 - 01-2005 CERTIFICATE ID: 15 10-01-2004/10-01-2005 CITY OF CARLSBAD DEPT OF PUBLIC WORKS PURCHASING 6035 SARADAY AVE CARLSBAD CA 92008 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. U AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ,- DOMINGUEZ, ADOLFO AND DOMINGUEZ, ERICA DBA: DOMINGUEZ GENERAL ENGINEERING CONTRACTOR 3606 STRANG AVE ROSEMEAD CA 91770 [LDH,CS] SClF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" PRINTED: 03-21-2005 PAGE 1 OF1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? )cL Yes no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. c party debarred party debarred - agency agency - period of debarment period of debarment c- By: (sign hery Page of pages of this Re Debarment form Revised 10/08/03 Contract No. 3840-1 Page 27 of 11 5 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? 3) -- 4) 5) Has the suspension or revocation of your contractors license ever been stayed? Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of ever been stayed? Yes no If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. - (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form Revised 10/08/03 ~ ~- Contract No. 3840-1 Page 28 of 11 5 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CON TIN U ED) (To Accompany Proposal) WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: 1 c7 .firA~9c-p -z [-ex!!&& 0fir.U 6 (I155 (print nameltitle) +7 - /v\ Page of pages of this Disclosure of Discipline form cp Revised 10108103 Contract No. 3840-1 Page 29 of 1 15 Pages -~ ~~~ ~ A NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 7106 BY BIDDER AND SUBMITTED WITH BID WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 State of California 1 ) ss. countyof Los ~m;npZ (hn -p @Em @ CCn’hdW , being first duly sworn, deposes and says that he or she is - unw of Domincw7. G *waQ Eha in-lnc, CDht”r0l~ ‘ (Name of Bid&) (Title) (Named Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executedonthe 7-q dayof T?l..a Yocrh ,20 os. Subscribed and sworn to before me on the?. l20-. (NOTARY SEAL) c Revised 10/08/03 Contract No. 3840-1 Page 30 of 1 15 Pages ,- CONTRACT PUBLIC WORKS This agreement is made this /lid dayof ,20u: by and between the City of Carlsbad, California, a municipal c6rDoration. (hereinafter called "Citd'). ahd DOMINGUEZ GENERAL ENGINEERING CONTRACTOR w'hose principal place of businesi is (hereinafter called "Contractor"). 306 STRANG, ROSEMEAD, CA 91 770 City and Contractor agree as bllows: I. for: Description of Work. Contractor shall perform all work specified in the Contract documents WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 (hereinafter called "project") 2. equipment, and personnel to perfbrm the work specified by the Contract Documents. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental 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. c 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. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplement thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental 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. em ts Revised 10/08/03 Contract No. 3840-1 Page 31 of 11 5 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. - 6. 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: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. indicated. Differing Conditions, Subsurface or latent physical conditions at the site differing from those 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. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. c? Revised 10/08/03 Contract No. 3840-1 Page 32 of 115 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, “The Cape Homeowners Association’’ and Bruner & Rossi Management, Inc. 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. 7 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. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: r a. Comprehensive General Liability Insurance: $1,000,000 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: $1,000,000 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. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. 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. 43 Revised 10/08/03 Contract No. 3840-1 Page 33 of 1 15 Pages a. The City, its officials, employees and volunteers ,and “The Cape Homeowners Association” and Bruner 81 Rossi Management Inc. 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 or “The Cape Homeowners Association and Bruner & Rossi Management Inc. 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. c 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. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided 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 I iabil ity. (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 thirty (30) days’ prior written notice has been given 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-:V. 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 the City Council in Resolution No. 91 -403. (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. c Revised 10/08/03 Contract No. 3840-1 Page 34 of 1 15 Pages (I) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included - 11. Claims and Lawsuits. 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 the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the 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 subcontrac- tor 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/*II initial /:I '1 )initial 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter 1 , Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. - a Revised 10/08/03 Contract No. 3840-1 Page 35 of 1 15 Pages 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. ,- 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. 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. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED (CORPORATE SEAL) CONTRACTOR: By: (sign here) ATTEST: LORRAINE M. WOOlfCity Clerk 1 (print name and title) 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: RONALD R. BALL City Attorney f" By: Deputy City Attor*y Revised 10/08/03 Contract No. 3840-1 Page 36 of '1 15 Pages State of California County of Los Angel es } SS. On 3/22/05 , before me, Yvette C Morales, Notary Public , Name and Title of ORicer (e.9.. *Jane Doe, Notary Public”) Date Name@) d Sgner(s) personally appeared Ado1 fo Domi nguez d personally known to me U proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ‘uGT ion d 1298934 acknowledged to me that he/she/they executed n -califomin f the same in hislherltheir authorized I kaCounty capacity(ies), and that by hislherltheir signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) Frpws Mar 29,m acted, executed the instrument. Place Notary Seal Above Though the information below is not required by /aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contract Document Date: 3 / 2 2 / 0 5 Number of Pages: 6 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual Ado1 f o Domi r iquez I Top of thumb here I Corporate Officer - Title(s): Partner - 0 Limited U General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer 1s Representing: Domi nguez General Enqi neeri nq Co. u PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 2046382 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-054, adopted March 1, 2005, has awarded to DOMINGUEZ GENERAL ENGINEERING CONTRACTOR (hereinafter designated as the "Principal"), a Contract br: WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 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, DOMINGUEZ GENERAL ENGINEERING CONTRACTOR, as Principal, (hereinafter designated as the "Contractor"), and North American Specialty Insurance as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED FIVE THOUSAND THREE HUNDRED ONE Dollars ($205,301), 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. Company /c THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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 3181, 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 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, 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 thereunder 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. F em f# Revised 10/08/03 Contract No. 3840-1 Page 37 of 11 5 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California 1 ss. County of Cal i forni a , before me, Yvette C Morales, Notary Public Name and Title of Officer (e.9.. 'Jane Doe, Notary Public") On 1/27/05 Date personally appeared Ado1 fo Domi nwez Name(s) of Stgner(s) a personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey 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 Above Signature of Notary Public - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Non Col 1 usi on Affidavit Document Date: 1/27/05 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer Signer's Name: -1 f n @ Individual 7 Corporate Officer - Title(s): Partner - Limited General Attorney in Fact 0 Trustee Guardian or Conservator 0 Other: Signer Is Representing: Domi nguez General Engineering 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatworth. CA 91313-2402 mwMtionalnolary.org Pmd. No. 5907 Reorder: Call Tdl-Free 1-800-6768827 I * - City of Carlsbad January 24,2005 'I., ' ' ADDENDUM NO. 1 RE: WOODSTOCK SEWER PIPELINE EXTENSION, CONTRACT NO. 3840-1 Please include the attached addendum in the Notice to BidderlRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. .A- - KEVIN DAVIS Buyer KD: rh Attach men t I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2720 FAX (760) 602-8562 @ * .- - City of Carlsbad January 21,2005 ADDENDUM NO.l RE: WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 SPECIFICATIONS 1. Special Provisions, Section 2-9.2 Survey Service. Delete this paragraph and substitute the following: " The City of Carlsbad will provide the construction surveying for this project. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Engineer at the expense of the Contractor. The Contractor shall notify the Engineer in writing at least 2 working days before survey services will be required in connection with the laying out of any portion of the Work. The Contractor shall dig all holes necessary for line and grade stakes. Unless otherwise specified, stakes will be set and stationed by the Engineer for curbs, headers, sewers, structures and rough grade. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet." 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2720 - FAX (760) 602-8562 @ 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. - Executed by CONTRACTOR this gth dayof March ,2005. CONTRACT0 R: Dominguez GeneralEngineering Contractor (print name here7 I- QGIAEK (title and organization of signatory) By: (sign here) (print name here) Executed by SURETY this 9th day of March I20-32. SURETY: NorthAmerican Specialty Insurance Company (name of Surety) 701 S. Parker St., 13800 Orange, C A 92868 (address of Surety) 714-440-7799 By: / (signature of Attorney-in-Fact) Matthew R. Dobyns (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) fl (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attachad.) (President or vice-president and secretary or assistant secretary must sign for corporations. If oniy one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL By: Deputy city Attorney 1 Revised 10/08/03 Contract No. 3840-1 Page 38 of 1 15 Pages ~~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS Angel es } SS. On 3/22/05 , before me, Yvette C Morales, Notary Pub1 ic Date Name and Title of ORicer (e.9.. 'Jane Doe, Notary Public") personally appeared Ado1 fo Domi nguez Name(@ of Sgner(s) b personally known to me W proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 0 P TlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 Document Date: 3/22/05 Number of Pages: 7 Signer(s) Other Than Named Above: North., Ameri canc5peci a1 ty Insurance Capacityties) Claimed by Signer Signer's Name: Adolfo Do~-njng 7 D Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited U General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: Domi nye7 Wwal Fn-eri na u 0 1999 NatioMI Ndafy Association - 9350 De Solo Ave.. P.O. Box 2402 Chakwalh. CA 913132402 - w.naiiwia~.~ Prcd. No. 5907 Reorder: Call Toll-Free 1800-8766827 OF California } ss. COUNTY OF o=nge 011 XGaF befr,reme, Mary Martignoni - Notary Public PERSONALLY APPEARED Matthew R. Dobyns persoriully ktiown to rile to be the person(ID whose nanie(g islasubscribed to the within iris~rin~iieti~ mid ucktiowledged to me thut h- executed the suite iri hi- wlthorized cupuciMa urd thut by 11- sigtiutiire(g on the iristriirnetit the person($ or the entiv iipwi belidf of wliirli the per.soti@J acted, exe-ecrrted the iiistriunent. WII’NESS my hund utd o&iul seal. This areajbr Oflcial Notarid Sen1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACtN CLAIMED BY SIGNER DESCRIPTION OF A‘TTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) TITLE OF TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 6d ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) North American Specialty Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT ID-1232 (REV. 5/01) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY - WASHINGTON INTERNATIONAL INSURANCE COMPANY c GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: LES M. MANTLE and MATTHEW R. DOBYNS jointly or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (1 0.000.000.00~ DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24Ih of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the hture with regard to any bond, undertaking or contract of surety to which it is attached." "J Steben P. Anderson, Executive Vice Prcridenl of Wurhinglon lnlemalionill Insurance Company & Wee President of North Arnclican Spwiull) Inrurancc Cornpan) IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this xday of October ,20E. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 3 day of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. October , 2003, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Steven P. Anderson , a-HZ Yasmin A. Patel, Notary Public I, James A. Carpenter , the duly elected AssistaL>j Secretarv International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in hll force and effect. of North American Specialty Insurance Company and Washington IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9 day of March ,2005. fl -%-++=-- Jams A. Carpenler, Vice Prnidenl& Assisal Secretdry or Wahinglon lnrcrnational Insumce Company & AssisIan1 Sscreviuy or Noah American Spscially Insurance Company $4174.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT Bond No. 2046382 TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE A FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-054, adopted March 1, 2005, has awarded to DOMINGUEZ GENERAL ENGINEERING CONTRACTOR, (hereinafter designated as the "Principal"), a Contract br: WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 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 perforrnance and warranty of said Contract; NOW, THEREFORE, WE, DOMINGUEZ GENERAL ENGINEERING CONTRACTOR , as Principal, (hereinafter designated as the "Contractor"), and North American Specialty Insurance , as Surety, are held and firmly bound unto the Cityof Carlsbad, in the sum of TWO HUNDRED FIVE THOUSAND THREE HUNDRED ONE Dollars ($205,301), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. CompaW P As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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 thereunder 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. .,-- em %# Revised 10/08/03 Contract No. 3840-1 Page 39 of 1 15 Pages 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. - Executed by CONTRACTOR this 9th Executed by SURETY this 9th day of day of March ,20 05. March ,20 05 CONTRACTOR: SURETY: Dominguez GeneralEngineerlng Contractor NorthAmerican Specialty Insurance Company (name of Contractor) (name of Surety) 701 S. Parker St., 13800 (address of Surety) By: Orange, CA 92868 714-440-7799 Wh & (print name heref (telephone number of Surety) By: /qililF*% (signature of Attorney-in-fact) (3 ln9 (Title and Organization of Signatory) Matthew R. Dobyns By: - (printed name of Attorney-in-Fact) (sign here) (Attach corporate resolution showing currerlt power of attorney.) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (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 corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy dty Attorney Y a Revised 10/08/03 Contract No. 3840-1 ~ ~ ~ ~~~~~ Page 40 of 115 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4- -- State of California County of Los Angel es } SS. On 3/22/05 , before me, Yvette C Morales, Notary Public Date Name and Title of ORicer (e.g . 'Jane Doe. Notary Public") personally appeared Adol fo Domi nguez Name@) of Sgner(s) fl personally known to me U proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) islare 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. OPT/ w Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: P Rnnrl Document Date: 3/22/05 Number of Pages: 2 Signer(s) Other Than Named Above: North heri can Special ty Capacity(ies) Claimed by Signer Signer's Name: Adol fo Domi nuuez @ Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited E! General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Domi nquez General Fngi neeri ng OF California } ss. coum-y OF Orawe on PERSONALLY APPEARED Matthew R. Dobyns Mary Martignoni - Notary Public personully known to tne IO be 1he personlX) whose name($ id-subscribed to the wirliitr itislriitnetil arid ucknnwledged 10 me Itmi la- executed the swtie in hi- uutlwrizedcrrpcci~~ mid th/ by 11- signutiire(3 on llie iristrirtiienl (lie persoti($ or the enliry ripon betiulf r$ whic-li he person($ ncred, execiired the itrslrimien/. WII'NESS tny hund and oJiciul seal. Tliis oren /or ODcial Notarid Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of lhis form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL CORPORATE OFFICER TITLE@) 0 PARTNER(S) 0 LIMITED 8 AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR 0 OTHER: 0 GENERAL TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) North American Specialty Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT 10-1232 (REV 5/01) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." , For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: , 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for WOODSTOCK SEWER PIPELINE EXTENSION, CONTRACT NO. 3840-1, in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $1 00,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. I 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. /I- Revised 10/08/03 Contract No. 3840-1 Page 41 of 11 5 Pages , 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. - 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: - For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name Signature Address Title Name Signature Address Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. @ Revised 10/08/03 Contract No. 3840-1 Page 42 of 1 15 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: I .- e Revised 10/08/03 Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 3840-1 Page 43 of 1 15 Pages SUPPLEMENTAL PROVISIONS FOR WOODSTOCK SEWER PIPELINE EXTENSION CONTRACT NO. 3840-1 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 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. Add the following section: 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. - Add the following section: 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. Add the following section: 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. Revised 10/08/03 Contract No. 3840-1 Page 44 of 1 15 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. I Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or hisher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. 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 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .... i ............................... Carlsbad Municipal Water District CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ............................................ Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric a Revised 10/08/03 Contract No. 3840-1 Page 45 of 11 5 Pages G ............................................. Gas gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ......................................... allons per minute IE ............................................ Invert Elevation HDPE ..................................... High Density Polyethylene Pipe LW D ..................................... ..Leucadia Wastewater District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ..................................... Microtunneling Boring Machine NCTD ..................................... North County Transit District OHE ........................................ Overhead Electric OMWD ................................... Olivenhain Municipal Water District ROW ...................................... Right-of-way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ......................................... Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VW D ....................................... Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: 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 to 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 City Council 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 City Council and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Cnntmct Nn 38413-1 Pane 46 of 11 5 Paaes Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: 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 unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the 2004 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of City of Carlsbad Drawing No. 414-3 and consists of 3 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMW DSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: 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) 2) supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental 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) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Permits from other agencies as may be required by law. a Revised 10/08/03 Contract No. 3840-1 Page 47 of 1 15 Pages Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: 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 ‘44’ 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: Project title and Agency contract number. Number of complete sets. Contractor’s certification statement. Specification section number(@ pertaining to material submitted for review. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) Description of the contents of the submittal. 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: Add the following: 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. # Revised 10/08/03 Contract No. 3840-1 Paae 48 of 1 15 Paaes 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: 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 55 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a ‘permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: 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. Add the following section: 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 (8’1; 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 labled with name of the Surveyor, the party chief, field crew members and preparer 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 55 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under $5 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. @ Revised 10/08/03 Contract No. 3840-1 Page 49 of 1 15 Pages Add the following section: 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 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 Street Centerline Clearing Slope Fence Rough Grade Cut or Fills 210 m (33') Final Grade (includes top of Basement soil, subbase and base) Asphalt Pavemer Finish Course Drainage Structures, Pipes & similar Facilities@, 0 curb Traffic Signal 0 Signal Poles 8 Controller o Stake Description 0 SDRS M-10 Monument Lath in soil, painted line )n PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- :op in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing@, Q, I300m (1000'), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, I15m (50') on tangents & I 7.5m (25') on curves, Painted line - continuous lntervisible and I 15m (50') I60 m (200') on tangents, I 15m (50') on urves when R1300m (1000') & 7.5m (25') or curves when RI 300m (1 000') I15m (50') I 15 m (50') on tangents & curves when R2 300m (1 000') & I 7.5m (25') on curves when R I 300m (1 000') I 7.5m (25') or as per the intersection grid ioints shown on the plan whichever provides the denser information itervisible & I 7.5m (257, beginning and end BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines I 7.5m (25'1, BC & EC, at %A, %A & %A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location Lateral Spacing 0, Q on street centerline at clearing line Grade Breaks & 17.6 m (25'1 N/A (constant offset) N/A I6.7 m (22') edge of pavement, paving pass width, crown line & grade breaks as appropriate (constant offset) as appropriate Setting Tolerance within) 7 mm (0.02) Horizontal, also see section 2-9.2.1 herein 0.3 m (1 ') Horizontal 30 mm (0.1') Vertical & Horizontal 30 mm (0.1') Horizontal 30 mm (0.1') Vertical & Horizontal IO mm (?() Horizontal & 7 mm ( /:) Vertical IO mm Horizontal & 7 mm ( /4") Vertical IO mrn (?() Horizontal & 7 mm ( /e") Vertical IO mm (?() Horizontal & 7 mm I /A") Vertical IO mm ("/e") Horizontal & 7 mm ( /;) Vertical Cnntmct Nn RRdn-1 Pam 5fl nf 1 15 Paaes IO mrn (3/8") Horizontal at each junction box location I 15 m (50') on tangents & curves when R2 300m (1000') & I 7.5m (25') on curves when R I 300m (1 000') or where grade I 0.30% as appropriate as appropriate RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Point +Guar( Stake Junction Box (T Conduit 0 & 7 mm ('/4") Vertical IO mm ("/a") Horizontal & when depth cannot be measured from existing yement 7 mm ( /4 ) Vertical 10 mm ("/q") Horizontal & 7 rnm ( /4") Vertical (when vertical data needed) 30 mm (0.1') Vertical 8, Horizontal 7 mm ('/4") Horizontal & 7 mm ('/(I Vertical Minor Structure (T as appropriate for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (3 ~~___ I 15 m (50') & along end slopes & conic transitions I 15 m (50') and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 3 m to 10 m (10' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 3 m to 10 m (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 Abutment Fill as appropriate Wall 0 Major Structure CE Footings, Bents Abutments & W ingwalls as appropriate 10 mm ("/q") Horizontal & 7 mm ( /4") Vertical RP + Marker Stake + Line Point +Guarc Stake RP IO mm ("/f) Horizontal & 7 rnm ( /4") Vertical Superstructured as appropriate ~ Miscellaneous (3 Contour Gradin: 0 I15 m (50') RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guarc Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP along contour line as appropriate as appropriate 30 mm (0.1') Vertical & Horizontal IO mm ("/f) Horizontal & 7 mm ( /() Vertical 30 mm (0.1') Horizontal & 7 mrn il/dvBl Vertical - Utilities 0, 0 I 15 m (50') on tangents & curves when R1. 300rn (1 000') & I 7.5m (25') on curves when R I 300m (1 000') or where grade I 0.30% intervisible & I30 m (loo'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location Channels, Dikes & Ditches 0 Signs 0 Line point 30 mm (0.1') Vertical & Horizontal Subsurface Drains 0 30 rnm (0.1') Horizontal & 7 mrn ('/4") Vertical 30 mm (0.1') Horizontal & 7 mm as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate intervisible & I 15m (507, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location Overside Drains 0 (l/<) Vertical 7 mm ('/4") Horizontal Markers 0 for asphalt street surfacing I 15 m (50') on tangents & curves when R2 300m (1 000') & I 7.5m (25') on curves when R I300m (1 000'). At beginning & end and I 15 m (50') on angents & curves when R 2 300m (1000') & 5 7.5m (25') on curves when R I300m (1000') At beginning & end 3 m to 10 m (1 0' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 60 m (200') on tangents, 15m (50') on curves when R 1300m (1000') & 7.5m (25') on curves when R I300m (1000') For PCC IO mm ("/$) Horizontal & Vertical Railings & Barriers 0 AC Dikes 0 Box Culverts 30 mm (0.1') Horizontal & Vertical IO mm ("/f) Horizontal & 7 mm ( /4") Vertical 7 mm ('/4") Horizontal Pavement Markers0 at pavement marker location(s) e Revised 10/08/03 Contract No. 3840-1 Page 51 of 11 5 Pages I I surfaced streets lane cold joints will suffice I I 0 Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features 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 and the accuracy requirements of the RP meet the requirements for the feature (3 Perpendicular to centerline. 0 Some features are not necessarily parallel to centerline but are referenced thereto B) Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature @ 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol- lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all 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) other utilities shall be the top of their pipe or conduit. TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Vertical Control alignments, etc. Bench marks W hite/Orange ~~ Clearing I Limits of clearing 1 Yellow/Black Structure Drainage, Sewer, Curb Right-of-way Miscellaneous Grading I Slope, intermediate slope, abutment fill, rough grade, contour grading, final 1 Yellow grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, W W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. White Blue WhiteNellow Orange Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 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 therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 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. Contract No. 3840-1 Paae 52 of 1 15 Paaes Add the following section: 2-1 0.2 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 shatl maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: Work by Contractor. The following percentages shall be added to the Contractor’s costs and 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Other Items and Expenditures .. 15 (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. Revised 10/08/03 Contract No. 3840-1 Page 53 of 1 15 Pages 3-3.3 Daily Reports by Contractor, add the following after the second sentence: 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. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall, include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. 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. Add the following: 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. Cnntmet Nn 3840-1 Paae 54 of 115 Paaes Delete second sentence of paragraph one and add the following: 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. Senior Inspector 3. Principal Inspector 4. Public Works Director 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. 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 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 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) 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)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991. a Revised 10/08/03 Contract No. 3840-1 Page 55 of 1 15 Pages 201 04.2. 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)(l) 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Cnntrad Nn RRAn-1 Pano E;G nf i 1 C; Panoc Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 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 11 41.1 0) 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: 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, 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. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental 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 and the 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 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. ’3 Revised 10/08/03 Contract No. 3840-1 Page 57 of 1 15 Pages 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. 4-1.6 Trade names or Equals, add the following: 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. Add the following section: \ 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 materia@) 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. AIt 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. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: 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. 5-4 RELOCATION. Add the following: 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 Pans 58 of 115 Paaes sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor 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. 5-6 COOPERATION. Add the following: EXAMPLES OF DESCRIPTIONS OF PHASING OF WORK NONE SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: 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 5 calendar days after receipt of the “Notice to Proceed“. Add the following section: 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. Add the following section: 6-1.1 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 therefor. 6-2 PROSECUTION OF WORK. 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. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, ‘The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. Revised 10/08/03 Contract No. 3840-1 Page 59 of 1 15 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: 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) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO 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 hidher 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: 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. Delete the first sentence of the third paragraph and substitute the following two sentences: 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. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand Dollars ($1,000.00) . Pnntrat-t hln 9ffAn-1 Pana Rn nf 11 5 Pannn Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and 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. 7-4 WORKERS COMPENSATION INSURANCE. Add the following: 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. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways 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. Add the following section: 7-5.1 Resource Agency Permits. No Resource Agency Permits are required for this project. However, improvements shall be installed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 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. Add the following: 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 hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. @ Revised 10/08/03 Contract No. 3840-1 Page 61 of 115 Pages 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 99-08-DWQ NPDES General Permit number CAS000002, and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity” Add the following section: 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. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. add the following: The Contractor’s equipment shall be maintained within the temporary fencing installed around the Woodstock Lift Station site or slope from Station 3+71 to Station 8+20. All other vehicles including vehicles for employee parking shall park along Glasgow Drive, or the public road area north of Lancaster Road along Woodstock Street. 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, Waste Management at 929-9400. 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 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”. In addition to the notifications, the contractor shall post no parking signs 48 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 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. Contract No. 3840-1 Paae 62 of 1 15 Paaes 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. 7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: 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 ............................................................................ (760) 602-2720 2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97 3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97 4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations.. .......................................... (760) 602-2752 6) North County Transit District.. ...................................................... (760) 967-2828 7) Waste Management ........................................................................... (760) 929-9400 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. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental 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 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 hidher 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. Add the following section: 7-1 0.3.1 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 21 4-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 21 4- 5.2 et seq. AI1 paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1.6for materials and section 31 0-5 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 travelling 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 Revised 10/08/03 Contract No. 3840-1 Page 63 of 1 15 Pages the travelling 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 180 mm (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 1.8 m (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 7.6 m (25’) intervals to a point not less than 7.6 m (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 C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’)), nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the minimum acceptable shy distance, is 0.6 m (2’) and 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. During the entire construction, a minimum of one paved traffic lane, not less than 12’ wide, shall be open for use by public traffic. Add the following section: 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, CALTRANS “Manual of Traffic Control”, 1 996 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental 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. Add the following section: 7-1 0.3.4 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. Revised 10/08/03 Contract No. 3840-1 Page 64 of 1 15 Pages Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the ‘Traffic Manual”, latest edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. . Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-1 0.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. @ Revised 10/08/03 Contract No. 3840-1 Page 65 of 11 5 Pages Add the following section: 7-10.4.4 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. 7-13 LAWS TO BE OBSERVED. Add the following: 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. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion’’ 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: 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 the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment 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 685.01 0 of the Code of Civil Procedure. a Revised 10/08/03 Contract No. 3840-1 Paae 66 of 1 15 Paaes Add paragraph 6 et seq. as follows: 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 subsection 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 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. Add the following: Except for those final payment items disputed in the written statement required in subsection 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 subsection 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 subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. @ Revised 10/08/03 Contract No. 3840-1 Page 67 of 115 Pages Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the lump-sum price bid therefor in the bid schedule 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 sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. Contract No. 3840-1 Paae 68 of 11 5 Paaes ! Sieve Sizes 50-mm (2”) 12.5-mm (’/$) 9.5-mm (3/8))) 37.5-mm (I ’/$) 19-mm (3/4))) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-pm (no. 200) STANDARD Percentage Passing Type A Type B 100 --- --- 95-1 00 100 50-1 00 95- 1 00 --- 70-1 00 15-55 0-55 0-25 0-1 0 0-5 0-3 0-3 SUPPLEMENTAL PROVISIONS TO “GREEN BOOK” PART 2, CONSTRUCTION MATER1 LS SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ie SECTION 200 - ROCK MATERIALS Sieve Sizes 25-mm (1 ’I) 19-mm (3/411) 9.5-mm (3/8))) 4.75-mm (No. 4) 2.36-mm (No. 8) 600-pm (No. 30) 300-pm (No. 50) 75-pm (no. 200) 200-1 ROCK PRODUCTS Percentage Passing 100 90-1 00 40-1 00 25-40 18-33 5-1 5 0-7 0-3 Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class.. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B). a Revised 10/08/03 Contract No. 3840-1 Page 69 of 1 15 Pages 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1 999, Section 26: Aggregate Bases, Sdbsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer‘s written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2” Maximum 3/4” Maximum Sieve Sizes 2“ ......................... 1 1/2,, .................... 1 I’ ......................... 3/4” ...................... No. 4 .................... No. 30 ................... No. 200 ................ Operating Range 100 90-1 00 50-85 25-45 10-25 2-9 - Operating Range - 100 90-1 00 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. 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, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for “Operating Range.” I Revised 10/08/03 Contract No. 3840-1 Page 70 of 1 15 Paaes 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 $2.25 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. All Concrete Used Within the Right-of-way Trench Backfill Slurry No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day’s production, whichever is smaller. Class Slump mm (Inches) 330-(3-23 (2) (560-C-3250) (’I 1 15-E-3 200 (8”) SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS Street Light Foundations and Survey Monuments 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: .. (1 90-E-400) 330-C-23 100 (4) TABLE 201-1.1.2(A) - Traffic Signal Foundations Concreted-Rock Erosion Protection PORTLAND CEMENTCONCRETE Type of Construction I Concrete I Maximum (560-C-3250) (590-C-3750) 350-(2-27 100 (4) 31 0-C-17 per Table 300-1 1.3.1 I (520-C-25OOP) 1, (1) Except that concrete required to be of higher strength by Table 201 -1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201 -1.2 Materials. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 43 Revised 10/08/03 Contract No. 3840-1 Page 71 of 11 5 Pages 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201 -3.4 Type “A Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a 1/2” continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type “A and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer’s full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type “A as specified in Section 201 -1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer‘s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-(2-920-87, Type M, Grade PI Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. a Revised 10/08/03 Contract No. 3840-1 Page 72 of 1 15 Paqes SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203- 6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 21 72, and Calif. Test 202. 2. Stability' using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. b. Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 1 Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4. 2 When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Revised 10/08/03 Contract No. 3840-1 Page 73 of 1 15 Pages 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the rehuirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Measuring Standard (ASTM Designation) ASTM D 2240 Rex. Type A, Model 1700 ASTM D 412 Die C, ASTM D 412 Die C, Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). Results 65 - 85 3.45 MPa, minimum 400%, minimum 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 21 72: "method A or 6." 0.6 mm (25 mil) Free 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. No cracks Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS Film Bend (1 80") ASTM D 822 Weatherometer 350 h ASTM B 117 28 davs 203-1 3.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-1 3(A). Slight chalking 3.45 MPa, minimum Property I ASTM D 150 Hardness, (indentation) Tensile Strength Elongation Elongation Less than 25% change Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric- Constant at 38°C I tensile; 400% minimum e Revised 10/08/03 cs Conditions 25°C Q 50% relative humiditv pulled at 508 mm (20) per minute pulled at 508 mm (20") per minute over 13 mm ('/2))) Mandrel Cured 7 days at 25°C Q 50% relative humidity 5% NaCI, Die C, pulled at 508 mm (20") per minute over a temperature range of -30-C to 50-C Contract No. 3840-1 Page 74 of 1 15 Pages 203-1 3.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8“) in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer’s recommendations and shall not be placed when the air temperature is less than 7°C (45°F). USES Headers for bituminous pavement up to 50 mm x 1 00 mm (2”x4”) Headers for bituminous pavement larger than 50 mm x 100 mm (2x4”) SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES GRADES Construction grade Redwood or preservative treated construction grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir 204-1 LUMBER AND PLYWOOD SECTION 206 - Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs MISCELLANEOUS METAL ITEMS Permanent traffic signs shall consist of 1 0-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”, Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1 900 Royal Oaks Drive, Sacramento, CA 9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993 require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993 as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993, except that the notation shall be “PROPERTY OF THE CITY OF CARLSBAD. a Revised 10/08/03 Contract No. 3840-1 Page 75 of 1 15 Pages Add the following section: 206-7.1.3 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the ”Specifications For Reflective Sheeting Signs, October 1993” as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Posts shall be constructed of 1 0-gage or 12-gage cold-rolled steel Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1 993, Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993 require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Revised 10/08/03 Contract No. 3840-1 Page 76 of 1 15 Pages Add the following section: 206-7.2.2 Drawings. Modify the ’Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 1 O-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 *)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1993. Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in Revised 10/08/03 Contract No. 3840-1 Page 77 of 1 15 Pages section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. mm (inches) 25 x 25 (1 xl) 32 x 32 38 x 38 44 x 44 51 x51 (2 x 2) 56 x 56 64 x 64 51 x76 12 x 3) (1 1/4 x 1 ’/dl (1 l/* x 1 ’/2) (1 ”4 x 1 3/4) (z3h6 x 23/16) (2V2 x 2l/2) 57 x 57 (2’/4 x Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. mm (inches) 0.1 3 0.005 0.1 5 0.006 0.1 5 0.006 0.20 0.008 0.20 0.008 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 Add the following section: 206-8.1 General. This Section pertains to 1 0-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/16”) holes on 25 mm (1”) centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.1 3 mm (+0.01 l”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 “ in 3’). Tolerance for corner radius is 4.0mm (5/32”), plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64”) radius gage to be placed in the corner. Using 1 0-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (10’). Tolerance on hole size is plus or minus 0.40 mm (1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8 in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance for All Sides at Corners Contract Nn. R84fl-1 Pane 78 nf 11 5 Panes Nominal Outside Dimension Squar eness(’) mm (Inches) mm (Inches) 25 x 25 (1 x 1) 0.15 0.006 32 x 32 (I -1/4 x 1 -’/4) 0.18 0.007 38 x 38 (1 42 x 1 32) 0.20 0.009 44x44 (1 -31~ x 1 -31~) 0.25 0.01 0 51 x51 (2 x 2) 0.30 0.01 2 56 x 56 (2-3/16 x 2-3/16) 0.36 0.01 4 57 x 57 (z-‘/~ x 2-‘/4) 0.36 1.014 64 x 64 (24 x 24) 0.38 0.01 5 51 x76 (2 x 3) 0.46 0.01 8 (’) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Twist Permissible in 900 mm 3 mm(2) (Inches) 1.3 0.050 1.3 0.050 1.3 0.050 1.6 0.062 1.6 0.062 1.6 0.062 1.6 0.062 1.9 0.075 1.9 0.075 b) ) Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel “pull-through” electrogalvanized rivets with 9.5 mm (3/8”) diameter head, and a grip range of from 5 mm (0.2007 to 0.90 mm (0.356”). ASTM 8-633, Type Ill perforated tubing shall be steel shank, 22 mm (7/8”) diameter The fasteners shall conform to Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 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 -20% (-49F) to +709C (158*F) 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 Add the following section: 206-9.2 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. Revised 10/08/03 Contract No. 3840-1 Page 79 of 1 15 Pages 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. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer’s recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361 -95 and C 443-94. Pipe designated in the plans as “pressure pipe” or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with ”0 rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005”) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (6). Cnntract Nn R84n-1 Paae 80 of 115 Paoes DETEC Color Red Yellow Orange Blue Property Thickness Utility Marked Electric power, distribution, transmission, and municipal electric systems. Gas and oil distribution and transmission, dangerous materials, product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water svstems. Tensile strength Elongation Printabilitv Flexibilitv Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors TABLE 207-25.1(A) ’ABLE UNDERGROUND UTILITY MARK Method ~~~~ ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications ASTM D671-81 Manufacturing specifications Manufacturing specifications Boiling H20 at 100 degrees Celsius APWA Code UG TAPE PROPERTIES Value 01 14 mm (0.0056”) 4500g/cm (25 Ibslinch) (5,500 PSI) <50 percent at break >50 dyneshquare centimeter Pliable hand Heat-set Mylex Every 500 mm(20) Dead sowannealed Virgin PET Virgin LDPE >30 percent, solid 1 S#/R Five hours without peel See Table 207-25.1 (BI Green I Sanitarv and storm sewer svstems. nomotable. Brown 1 Forcemains. Purple I Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. requirements of each of the following agency/association publications. Detectable Underground Utility Marking Tape shall meet the A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1 109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1 501, Amendment 2, Page 501 -1 4, Paragraph 18, Subparagraph 18.1, Clause 18.1 .l. E. Rural Electrification Authority (REA), US. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. a Revised 10/08/03 Contract No. 3840-1 Page 81 of 115 Pages SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS Dry Weight Nitrogen Dry Weight Passing 25 mm (1”) Sieve Dry Weight Passing #4 Sieve 21 2-1 LANDSCAPE MATERIALS. (1) 100% 95% 21 2-1.2.3 Commercial Fertilizer. add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent. acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-1 0-5 analysis. Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1 (A) through 212-1-2-5- 3(A). Dry Weight Passing #16 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #lo0 Sieve Salinity Ash (dry weight basis) Dry Weight Passing #30 Sieve Iron ( Dilute acid soluble on dry weight basis) 21 2-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 21 2-1.2.4(B): 45% 30% 0% 0% 0.08% 0% (1) Table 272-1.248) SOIL AMENDMENT PROPERTIES ProDettv I Minimum Wettability l(1) (1) (As Required by Table 212-1.2.4(A) SSPWC) Maximum (1) 100% 100% 65% 40% 10% 2% (1) --- 6.0% 7.0 (1) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on- going quality assurance program that fulfills the requirements of the most recent version of the “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Said submittal shall be in accordance with Section 2-5.3.3. Contract No. 3840-1 Pacle 82 of 11 5 Panes Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212- 1.2.5.1 (A) Component Virgin Wood Cellulose Fiber Mulch Fertilizer (1 6-20-0) Ammonium Binder (1 ) Application Rate grams per sq. meter (pounds per acre) 225 (2000) 35 (300) 7 (60) Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Green Colorant I Per Mfg. Recommendation Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Green Colorant Add the following section: 21 2-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer‘s specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 21 2-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaS04 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. I Per Mfg. Recommendation Per Mfg. Recommendation Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 1 0-mesh screen. Add the following section: 212-1.2.7 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an “auxiliary soil chemical”. Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by ’ volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed shall be received by Contractor in separate containers specifymg kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Revised 10/08/03 Contract No. 3840-1 Page 83 of 1 15 Pages 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in “A Checklist of Woody Ornamental Plants in California, Oregon and Washington” published by the University of California, Division of Agriculture Sciences, Publication 4091 (1 979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer’s decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnistied by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately “overgrown”, or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor’s expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor’s expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. Revised 10/08/03 Contract No. 3840-1 Page 84 of 11 5 Pages The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (10’) or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6”) or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pu lvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 Ib/lOOO sy) having an approximate mesh interval of 50 mm x 50 mm (2“ x 2“) on each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2”) apart. Erosion control matting shall be “North American Green, DS150”, “BonTerra S2”, or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1” x 6”), U-shaped 1 1 -gauge mild steel staples. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2) and larger shall be PVC having a pressure rating of 21 70 kPa (31 5 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking “Reclaimed Water” in 16 mm (5/gll) high letters repeated every 300 mm (12“). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. Revised 10/08/03 Contract No. 3840-1 Page 85 of 1 15 Pages 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked “RCV, “BV or “QC”, “PB” respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Hose Size-Nominal (Mi II i mete rs) ”8 20 14 15 25 1 (Inches) 3 Add the following section: 21 2-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (%”) to 50 mm (2“) shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35BI Type II, Class A, Style 3, End Connection A or C. Minimum Wall Thickness* Range (Millimeters) (Inches) (Percent) 3.73 0.147 12 3.91 0.1 54 12 4.55 0.1 79 12 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-16OV), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5’ to 40’) of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. Add the following section: 212-2.5 Flexible Hose.- Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 21 22. TABLE 212-2.5(A) FLEXIBLE HOSE a Revised 10/08/03 Contract No. 3840-1 Page 86 of 1 15 Pages 213-2 GEOTEXTILES. ___ Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 213-2.1 General. Table 21 3-2.1 (A) Add the following: Geotextile types shall be used for the applications listed in 9ow s 180N 200w s 270WS 270W S NIA NIA 180N 250N Table 213-2.1(A) and 3 m (10’) Post Spacing Erosion Control Fence with 1.8 m (6’) Post Spacing and No Wire Fencino GEOTEXTILE APPLICATIONS Application of Geotextile I Type Designation 200w s ka f% Ton) Plant Protection Covering I 90N Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6”x6) Wire I 9ow s I Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (31/) crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 215 - FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4’ high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6’-6” long, shall be spaced no more than 10’-0 apart and buried portion shall be no less than 2’-6 deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor’s option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. @ Revised 10108103 Contract No. 3840-1 Page 87 of 1 15 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. ' All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. Revised 10/08/03 Contract No. 3840-1 Page 88 of 1 15 Pages 300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within, portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1 . 300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25’) of the locations shown on the plans. 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. No allowance for shrinkage or swell will be considered. e Revised 10/08/03 Contract No. 3840-1 Page 89 of 1 15 Pages 300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. The measurement of work performed under sections 300-2.2.1 and 300-2.2.2, 300-2.2.3 and 300- 2.2.4 when the Engineer determines that the soils are unsuitable shall be the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.1 0 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to and no additional compensation will be made therefore. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the price bid for (structure excavation and backfill). a Revised 10/08/03 Contract No. 3840-1 Page 90 of 1 15 Pages 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, “Compaction”, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.4 Benching. add the following: Benching shall conform to The (City of Carlsbad Supplemental Standard Drawing GS-14. 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3’) of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3”). Particles with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18) shall not be incorporated into the fill. Rock exceeding 150 mm (6) in diameter shall not be placed in the upper 900 mm (3’) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m (3’) of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6) shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep’s foot roller at vertical intervals no greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. a Revised 10/08/03 Contract No. 3840-1 Page 91 of 115 Pages 300-5 BORROW EXCAVATION. Tests Test Method No. R-value Calif. 301 ExDansion Index UBC Standard 18-2 Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300- 5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6). Requirements 40 Min. 10 Max. ~~ Plasticity Index Sieve Analysis ASTM D 424 4 Max. ASTM D 422 Percent Passing 751.1. (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . a Revised 10/08/03 Contract No. 3840-1 Page 92 of 1 15 Pages b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These ' measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-11 STONEWORK FOR EROSION CONTROL. 300-1 1.4 Payment. delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-1 2.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Add the following section: 300-1 2.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 21 3-2, "Geotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 rt 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a Revised 10/08/03 Contract No. 3840-1 Page 93 of 1 15 Pages slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3’) for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. Add the following section: 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefore. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1 5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. a Revised 10/08/03 Contract No. 3840-1 Page 94 of 1 15 Pages 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following: When placing the ARHM overlay the Contractor shall pave over appurtenances in the roadway, which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor’s operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. Wll or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-1 0. Riser rings or extensions shall not be used for the adjustment of these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. Add the following section: 302-1 1 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-1 1.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301 -1 , grading and compaction of base material in conformance with section 301 -2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein e Revised 10/08/03 Contract No. 3840-1 Page 95 of 1 15 Pages Add the following section. 302-1 1.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall consist of removing asphalt concrete and/or aggregate basekubgrade to 300 mm (1 I) below existing asphalt surface and placing replacing the material so removed with asphalt concrete. The area shown on the plans or set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the basekubgrade shall be straight and vertical. The Contractor shall compact the upper 300mm (1’) of subgrade to 95% relative compaction. A tack coat of SS-1 h emulsified asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 Um2 to 0.45 Um2 (0.05 to 0.lOgallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 300 mm (1 .O’) full depth asphalt concrete. Asphalt concrete for full depth asphalt concrete patch shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC. Add the following section. 302-11.3 Crack Sealing The Contractor shall wash, blow out and thoroughly dry all cracks designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt sealant shall be delivered to the job-site in unopened containers that are clearly marked with data showing the manufacturer’s name, the product designation and the manufacturer’s batch number and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. Add the following section. 302-1 1.4. Measurement and Payment. Quantities of full depth asphalt concrete patch and crack sealing set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the limits of the Full depth asphalt concrete patch and crack sealant application areas. Payment for emulsion-aggregate slurry treatments shall include post emergent herbicide treatment of the areas to receive for emulsion- aggregate slurry treatment. Full compensation for conforming to the requirements of constructing full depth asphalt concrete patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work including, saw cutting and removing and disposing 300 mm (1’) thick section of existing asphalt concrete, aggregate basekubbase and basement soil as designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1 h asphalt emulsion and all other work incidental to full depth asphalt concrete patch shall be considered as included in the contract unit price bid for full depth asphalt concrete patch and no additional compensation will be allowed therefore. Full compensation for conforming to the requirements of crack sealing shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work. Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other work incidental to crack sealing shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefore. a Revised 10/08/03 Contract No. 3840-1 Page 96 of 11 5 Pages SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. Type of underground facilities Water Service Lateral 303-1 CONCRETE STRUCTURES Marking W 303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. 2. 3. 4. 5. Resolution of all live, dead, wind, construction and impact loads that may be imposed on falsework. Temporary bracing or methods to be used during each phase of erection and removal of falsework. Concrete placement sequence. Erection and removal sequence. Deflection values for the falsework that include recommended methods to compensate falsework deflections, vertical alignment, and anticipated falsework deflection. the the for Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) I Sewer Service Lateral lrriaation Water Lateral or Sleeve S RW 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. .if;i Revised 10/08/03 Contract No. 3840-1 Page 97 of 1 15 Pages SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate.bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 1001 X LANES 1000 8 PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100) X LANES 1000 5 where: PS - ADT - EWL - DAYS - WEEKEND = NIGHTS = WEATHER = SPEED - - - - - - - SLOPE - - LANES - plate score. average daily traffic as defined in the CALTRANS Traffic Manual. equivalent wheel loads as defined in the CALTRANS Traffic Manual. total number of 24 hour periods during which the plates will be utilized at the site being considered. total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50’) up and downstream of the position of the proposed steel plate bridging. the number of lanes where plates will be used. a Revised 10/08/03 Contract No. 3840-1 Page 98 of 1 15 Pages When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer’s approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of c) Steel plate bridging shall be installed to operate with minimum noise. sole discretion of the Engineer, it is approved as specified hereinbefore. the trench. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6) of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12” x W) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Revised 10/08/03 Contract No. 3840-1 Page 99 of 1 15 Pages Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1 .1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (l) I Minimum Plate Thickness 0.3 m (10”) I 0.8 m (31”) 1 .O m (41”) 1.6 m (63) 25 mm (1”) 32 mm (1 Vi”) (1) For spans greater than 1.6 m (5), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of Potable Water Mains, latest edition. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9’’ x 3) 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. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. ’3 Revised 10/08/03 Contract No. 3840-1 Page 100 of 11 5 Pages 306-1.5 Trench Resurfacing. 306-1 S.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: 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. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, ‘Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. add the following: Payment for utilities undergrounding which includes the utility trench for SDG&E and conduit for SDG&E’s electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures. add the following: The contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12”). The planting areas that are slopes steeper than 3-1/2:1 , shall be cultivated to a depth of 150 mm (6). After cultivation, the soil amendments shown in table 308-2.3.2(A) shall be thoroughly blended 150 mm (6) deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 308-2.3.2(B) and 308-2.3.2(C) from each median planter, at least one test per 150 m (500’) from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(B) and 308-2.3.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(8) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the, soil properties and show e Revised 10/08/03 Contract No. 3840-1 Page 101 of 11 5 Pages acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer’s approval before any planting or hydroseeding. Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment TABLE 308-2.3.2(A) 500 g per square meter 100 Ibs. per 1,000 square feet 50 g per square meter 10 Ibs. per 1,000 square feet 500 g per square meter 100 lbs. per 1,000 square feet 0.041 15 cubic meters per square 5 cubic yards per 1,000 square feet meter (average depth 41 mm) (average depth 1 5/8)1) SOIL AMENDMENTS Soil Amendment I Metric Application Rate I Approx. U.S. Application Rate Soil Property Acceptable Range PH 6.5 to 7.3 (ECd Dissolved Salts < 4.0 dS m-’ Liquid Limit N/A to 30 Plasticity Index NP to 10 Test Method Repeatability Range of Test Saturation Paste pH fO.l pH Soluble Salts ASTM D 423 +2 ASTM D424 f2 Saturation Paste f 7% 19 mm (V;) 9.5 mm (Y;) 4.75 mm (No. 4) 1.89 mm (No. 10) 475 pm (No. 40) TABLE 308-2.3.2(C) SOIL PARTICLE GRADATION Sieve Size I Percent Passina 100 95 - 100 60 - 85 40 - 75 35 - 70 75 pm (No. 200) I 30 - 70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6”) of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading.. add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. Revised 10/08/03 Contract No. 3840-1 Page 102 of 11 5 Pages 308-4 PLANTING. 3084.1 General. add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer’s approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage. add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer’s approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location. modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer’s approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting. add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(8) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING I size container I size container ’ Planting tablet requirements are not cumulative and apply to the size container indicated. 308-4.6 Plant Staking and Guying. add the following: The Contractor shall install all boxed trees per drawings L-1 and L-2 of the San Diego Regional Standard Drawings unless details shown on the project plans differ therefrom. a Revised 10/08/03 Contract No. 3840-1 Page 103 of 1 1 5 Pages 308-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properly identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor’s expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor’s expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Add the following section: 308-4.8.3.1 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. Add the following section, 308-4.1 0 Erosion Control Matting Installation Add the following section, 308-4.1 0.1 General. Before installation of erosion control matting the Contractor shall complete all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting. Add the following section: 308-4.1 0.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the Contractor immediately after the first application of hydroseed materials. In all cases the Contractor shall place the erosion control matting within three days after the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the Contractor shall disc the hydroseed materials into the top 100m (4”) of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control matting. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. a Revised 10/08/03 Contract No. 3840-1 Page 104 of 115 Pages I Add the following section: 308-4.1 0.3 Installation. The Contractor shall install erosion control matting using the following tech n icl ues : 1. 2. 3. 4. 5. 6. 7. Bein at the top of the slope by placing the erosion control matting into a 150 mm (6”) wide by 150 mm (6“) deep trench with the end of the matting laid flat in the bottom of the trench Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12”) on centers placed at the intersection of the bottom and the downhill vertical face of the trench. Roll the erosion control matting down the slope. Staple the erosion control matting on an alternating grid consisting of three across and two across lines of staples in horizontal lines spaced 900mm (3’) on centers. Erosion control mat so stapled shall be spaced such that no less than 1 ?A staples per square meter (1 ’/2 staples per square yard) are provided to anchor the erosion control matting. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously placed mat by no less than 50 mm (2”). Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges. 308-5 I RR IG ATlON SYSTEM IN STALLATION. 308-5.1 General. add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation. add the following: The Contractor shall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (10’) minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SDR 21 “Alertline” PVC sleeve which extends a minimum of 3.1 m (10’) on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12’7 between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3“) wide purple warning tape which reads “Caution Reclaimed Water”. For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (%“) in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and observations are performed. Observations include sprinkler heads, all fittings, lateral and mainline pipe, valves, and direct burial wire. e Revised 10/08/03 Contract No. 3840-1 Page 105 of 11 5 Pages 308-5.2.3 Plastic Pipeline. add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. 308-5.4.4 Sprinkler Head Adjustment. add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. 308-5.6.3 Sprinkler Coverage Test. add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area, The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. Revised 10/08/03 Contract, No. 3840-1 Page 106 of 1 15 Pages The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, f /an ting and Irrigation System For (f roject Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. . This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone: : (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution." Revised 10/08/03 Contract No. 3840-1 Page 107 of 1 15 Pages Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6”) in bot? the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (/e”) in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) b) c) Backflow preventors d) e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer‘s inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shalt be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar “record” drawings to the Engineer after submitting blueline prints of the proposed “record” drawings for, and obtaining their approval by, the Engineer. 308-8 MEASUREMENT AND PAYMENT. add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of “as-built” drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days’ maintenance and project guarantees. After completion of the project, the Engineer will retain $2,100 of the total contract amount, and will subsequently disburse the $2,100 to the Contractor on a monthly basis of $700 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. Point(s) of connection, for water and electrical services Routing of irrigation pressure mainlines Ball, gate and check valves Revised 10/08/03 Contract No. 3840-1 Page 108 of 1 15 Pages SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 31 3-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Revised 10/08/03 Contract No. 3840-1 Page 109 of 1 15 Pages SECTION 15068 HIGH DENSITY POLYETHYLENE PE 3408 PIPE PART 1 - GENERAL 1.1 Description This section designates the requirements for the manufacture and installation of high density polyethylene pipe (PE 3408), abbreviated HDPE, to be furnished and installed by the Contractor at the location and to the lines and grades shown on the Plans as herein specified for use as a sanitary sewer pipeline. Reference Standards related to the work are as follows: ASTM D 3350 ASTM F 714 ASTM D 3261 ASTM D 2321 ASTM 2837 AWWA C906 1.2 Related Work Described Elsewhere The Contractor shall refer to the following Specification section@) for additional requirements: A. B. C. Shop Drawing Submittals: Section 2-5.3.3 of the “SSPWC as amended herein in the Supplemental Provisions Part 1 Earthwork: Section 300 of the “SSPWC as amended herein in the Supplemental Provisions Part 3. Testing: Section 306-1.4.1 of the “SSPWC, Water Exfiltration Test or Air pressure test is acceptable 1.3 Submittals The Contractor shall furnish submittals in accordance with Section 2-5.3.3, Shop Drawing Submittals. Submittals are required for the following: A. Submit Shop Drawings, material lists, manufacturer‘s literature and catalog cuts of, but not limited to, the following: Shop Drawings Layout Schedule Special Fitting Dimensional Checks Shop Drawings shall be submitted and approved prior to manufacture of special fittings. The layout schedule shall indicate the order of installation, the length and location of each pipe section and special, the station and elevation of the pipe invert at all changes in grade, and all data on curves and bends for both horizontal and vertical alignment. B. Submit data used by the Contractor in manufacture and quality control. e Revised 10/08/03 Contract No. 3840-1 Page 1 10 of 11 5 Pages 1.4 Pavment A. Payment for the Work in this section shall be included as part of the lump-sum or unit- price bid amount for which such Work is appurtenant thereto. ' 6. Payment by the linear foot shall be for each diameter and for each pipe strength designa- tion measured horizontally over the pipe centerline. PART 2 - MATERIALS 2.1 General High Density Polyethylene Pipe (PE 3408) and fittings shall be manufactured in accordance with ASTM F714 shall be of the sizes and DR classes shown on the Plans. Unless otherwise shown on the plans, the pipe shall be DR 21. The manufacturer shall have quality control facilities capable of producing and assuring the quality of the pipe and fittings required by the reference standards and these specifications. High Density Polyethylene pipe and fittings shall be supplied by the same manufacturer. Pipe and fittings from different manufacturers shall not be interchanged. Pipe shall be Series 4300 as manufactured by CPChem or approved equal. 2.2 Materials Materials used for the manufacture of polyethylene pipe and fittings shall be in accordance with ASTM F714 for PE 3408 high density polyethylene conforming to cell classification 345444C or 345444E per ASTM D 3350; and shall be as listed in the name of the pipe and fitting manufacturer in the Plastic Pipe Institute's Recommended Hydrostatic and Design Stresses for Thermoplastic Pipe and Fittings Compounds, with a standard grade HDB rating of 1600 psi at 73" F. The Manufacturer shall provide a certification that the materials used to manufacture the pipe and fittings meets theses requirements. Polyethylene pipe shall be manufactured in accordance with ASTM F 714, Polvethvlene (PEI Plastic Pipe (SDR-PR) Based on outside diameter, Grey Color, and shall be so marked Each production lot of pipe shall be tested for (from material or pipe) melt index, density, % carbon, (from pipe) dimensions and ring tensile strength. The results of these tests shall be submitted to the Owner for review. 2.3 Polvethvlene Fittintas and Custom Fabrications Polyethylene fittings and custom fabrications shall be made or fabricated by the pipe manufacturer. Pipe and fittings from different manufacturers shall not be interchanged. Butt fusion outlets shall be made to the same outside diameter, wall thickness, and tolerances as the mating pipe. All fittings and custom fabrications shall be fully rated for the same internal pressure as the mating pipe. Pressure de-rated fittings are prohibited. a Revised 10/08/03 Contract No. 3840-1 Page 111 of 115 Pages Molded fittings shall be manufactured in accordance with ASTM D 3261, Butt Heat Fusion Polvethvlene (PE) Plastic Fittings for Polvethvlene (PE) Plastic PiDe and Tubina and shall be so marked. Each production lot of molded fittings shall be subjected to the tests required under ASTM D 3261. The results of these tests shall be submitted to the Owner for review. The manufacturer shall submit samples from each molded fittings production lot to x-ray inspection for voids, and shall certify that voids were not found. Copies of these certifications shall be submitted for review by the Owner. Fabricated fittings shall be made by heat fusion joining specially machined shapes cut from pipe, polyethylene sheet stock, or molded fittings. Fabricated fittings shall be rated for internal pressure service at least equal to the full service pressure rating of the mating pipe. Directional fittings 16-inch IPS and larger such as elbows, tees, etc., shall be submitted for the approval of the Engineer. 2.4 Flanqe Adapters Flange adapters shall be made with sufficient through-bore length to be clamped in a butt fusion joining machine without the use of a stub-end holder. The sealing surface of the flange adapter shall be machined with a series of small v-shaped grooves to provide gasketless sealing, or to restrain the gasket against blow-out. Flange adapters shall be fitted with back-up rings pressure rated equal to or greater than the mating pipe. The back-up ring bore shall be chamfered or radiused to provide clearance to the flange adapter radius. Flange bolts and nuts shall be type 31 6 stainless steel. 2.5 Compliance Tests The manufacturer’s production facilities shall be open for inspection by the owner or his Authorized Representative. The manufacturer’s inspection and testing shall comply with applicable ASTM standards, a list of the inspection certifications and test certifications shall be submitted prior to the shop drawing submittal for the HDPE pipe itself. The list shall be submitted as a shop drawing in accordance with Section 01 300. In case of conflict with Manufacturer’s certifications, the Contractor, the Engineer, or the Owner may request retesting by the manufacturer or have retests performed by an outside testing service. All failed retesting shall be paid for by the manufacturer. PART 3 - EXECUTION 3.1 General High Density Polyethylene pipe and fittings shall be handled, assembled and installed in accordance with the applicable sections of AWWA C906 for PE 3408, ASTM D 2321, manufacturer’s recommendations and as specified herein. 3.2 Excavation A. B. C. Excavation and backfill, including the pipe bedding, shall conform to the provisions of Section 300, Earthwork, except as herein modified. Crushed Rock and Gravel shall comply with Section 200-1.2 SSPWC. Pipe Bedding: 3/8” Crushed rock aggregate shall be used for pipe bedding and shall be compacted to obtain a relative density of 95-percent unless oth- erwise specified. The thickness of the pipe bedding shall be a minimum of four inches. The pipe bedding shall be placed over the full width of the trench. fs Revised 10/08/03 Contract No. 3840-1 Page112of 115Pages D. Backfill Within Pipe Zone: Crushed rock shall be placed and compacted , within the pipe zone from the bottom of the pipe to one foot above top of pipe, The crushed rock shall be compacted to obtain a relative density of 95 percent unless otherwise specified. 3.3 Pipe Handling The manufacturer’s written procedures for unloading, inspection and handling of the HDPE pipe shall be adhered to by the Contractor. A copy of these Manufacturer’s written procedures shall be submitted as a shop drawing and included with the shop drawings for the pipe in accordance with Section 2-5.3.3. When lifting with slings, only wide fabric choker slings capable of safely carrying the load, shall be used to lift, move, or lower pipe and fittings. Wire rope or chain shall not be used. Slings shall be of sufficient capacity for the load, and shall be inspected before use. Worn or damaged equipment shall not be used. 3.4 Heat Fusion Joining Joints between plain end pipes and fittings shall be made by butt fusion in accordance with ASTM D 2657, and joints between the main and saddle branch fittings shall be made using saddle fusion procedures in accordance with ASTM F 905 and the procedures for both types of joints that are recommended by the pipe and fitting manufacturer. Internal beads shall be removed. Fusions of different wall thickness are acceptable, as long as the difference is limited to a one SDR difference. Transitions between unlike wall thicknesses greater than one SDR shall be made with a transition nipple (a short length of pipe of the heavier wall pipe with one end machined to the lighter wall) or by mechanical means. The Contractor shall ensure that persons making heat fusion joints have received training in the Manufacturer‘s recommended procedure. The Contractor shall maintain records of trained personnel, and shall certify that training was received not more than 12 months before commencing construction. The Contractor shall include in his bid the cost of having the Manufacturer provide training in the Manufacturer’s recommended procedures for butt fusion and saddle fusion to the Contractor’s personnel, inspectors for the Owner and the Owner’s Operation and Maintenance personnel. No joint shall be backfilled until it has been observed by the Owner’s Representative. Sufficient trench space shall be left open in the vicinity of each joint to permit visual observation around the entire periphery of the joint. 3.5 Joining by Other Means Polyethylene pipe and fittings may be joined together or to other materials by means of flanged connections, mechanical couplings designed for joining polyethylene pipe or for joining polyethylene pipe to another material or electro fusion. The installation instructions of the joining device manufacturer shall be strictly followed when joining by other means is performed. Mechanical joints shall be installed in accordance with the Manufacturer’s recommended procedure. When an OD compression mechanical coupling is used, a stiffener shall be installed in the bore of the polyethylene pipe. @ Revised 10/08/03 Contract No. 3840-1 Page 113 of 115 Pages Flange faces shall be centered and aligned to each other before assembting and tightening bolts. In no case shall the flange bolts be used to draw the flanges in alignment. Bolt threads shall be lubricated, and flat washers shall be fitted under the flange nuts. Bolt threads shall be evenly tightened according to the tightening pattern and torque step recommendations of the Manufacturer. At least 1 hour after initial assembly, flange connections shall be re-tightened following the Manufacturer's tightening pattern and torque step recommendations. The final tightening torque shall be 100 ft-lbs or as recommended by the Manufacturer. 3.6 Fabricated Fittincls and Branch Connections The plain end of 16-inch IPS and larger fabricated fittings shall be butt fused to the end of a pipe length. Flanged directional outlet connections to the fitting shall be made up in the trench. Flanged connections shall be assembled, and tightened in accordance with the flange adapter manufacturer's instructions. Under no circumstances shall more than one pipe length be connected to a 16 IPS or larger directional fitting before placing the fitting in the trench. Branch connections to the main shall be made with saddle fittings or tees. Polyethylene saddle fittings shall be fused to the main pipe in accordance with paragraph 3.4 of this section. 3.7 Preventina Foreian Matter from Enterina the Pipe At all times when pipe laying is not in progress, the open end of the pipe shall be closed with a tight- fitting cap or plug to prevent the entrance of foreign matter into the pipe. These provisions shall apply during the noon hour as well as overnight. In no event shall the pipeline be used as a drain for removing water, which has infiltrated into the trench. The Contractor shall maintain the inside of the pipe free from foreign materials and in a clean and sanitary condition until its acceptance by the Owner's Representative. 3.8 Damaqed Pipe or Fittinas Damaged pipe or fittings shall be removed upon discovery and without delay from the Project Site. 3.9 Testinq A. Butt Fusion Testing On every day butt fusions are made, the first fusion of the day shall be a trial fusion. The trial fusion shall be cooled completely, then fusion test straps shall be cut. The test strap shall be 12-inch (min.) or 30 times the wall thickness in length with the fusion in the center, and 1 -inch (min.) or 1.5 times the wall thickness in width. Bend the test strap until the ends of the strap touch. If the fusion fails at the joint, a new trial fusion shall be made, cooled completely and tested. Butt fusion of the pipe to be installed shall not commence until a trial fusion has passed the bent strap test. B. Pressure Testing - All pipelines shall be flushed and tested in accordance with Section 306-1.4.1 Testing, Pipelines, except as modified herein. C. Allowable Leakage. There will be no leakage allowed for the butt fused portions of the pipeline. END OF SECTION Revised 10/08/03 Contract No. 3840-1 Page 114of 115 Pages APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE I CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XY2 St. to XYZAve. will be closed to through traffic and resurfaced on: from 7:OOA.M. to 500 P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering Inspection Department. When walking to and from your car, remembei not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from waterins your lawns, washing cars, etc., approximately 6-8 hours after the asphall is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (76O)XXX-XXXX if you have any questions regarding the project, Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that dab please call and inform the Contractor of the date. If you have an), concerns, which cannot be addressed by the Contractor, you may call the City’s Engineering Inspection Department at 602-2780. Thank you for your cooperation as we work to make a better City 01 Carlsbad. MON. TUE. WED. THU. FRI. DATE: e Revised 10/08/03 Contract No. 3840-1 Page 115 of 115 Pages