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Home My WebLink AboutHazard Construction Company; 2008-10-15; PWS09-03ENGDOC # 2009-0620071 Recording requested by: ) ) CITY OF CARLSBAD ) ) When recorded mail to: 1 ) City Clerk City of Carlsbad 1200 Carlsbad Village Dr. NOV 05,2009 359 PM OFFICIAL RECORDS SAN DIEGU CUUNTY HECDRDER'S OFFICE DAVID L. BUTLER, CDUNT',' REC.URDER FEES: U.OD PAGES: 1 Carlsbad, CA 92008 ) ' **L?J~ Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on September 22, 2009. 6. The name of the contractor for such work of improvement is Hazard Construction Company. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as Project No. 5006, Maerkle Reservoir Access Bridge Replacement. C~IP~ DISTRICT GLENN PRUlM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Carlsbad, California, 92009. The Executive Manager of said District on 7 , 2009, accepted the above described work as completed and ordered - that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct P, Executed on Ud / , 2009, at Carlsbad, California. * CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for CIP Project No. 5006, Maerkle Reservoir Access Bridge Replacement and has requested that the Carlsbad Municipal Water District accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Access Bridge Replacement $68,109 PUBLICMORKS INFECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director /4//o F Date' ' CITY MANAGER'SIEXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk or Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad and Carlsbad Municipal Water District are hereby directed to commence maintaining thepbove described improvements. LIS&/ILDABRAND, City Manager 1 APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Deputy City Attorney \ /o -7- znf7 Date K \CAPITAL-ACTIVE\5006 Maerkle Brldge ReplacementiAPl (CMWD) doc \CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 BID NO. PWS09-03ENG Revised 5/01/08 Contract No. 5006 Page 1 of 106 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation Of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 20 Bidder's Statement of Technical Ability and Experience 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 22 Bidder's Statement Re Debarment 23 Bidder's Disclosure of Discipline Record 24 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 26 Contract Public Works 27 Labor and Materials Bond 33 Faithful Performance/Warranty Bond 35 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 37 Revised 5/01/08 Contract No. 5006 Page 2 of 105 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 40 1-2 Definitions 41 1-3 Abbreviations 45 1-4 Units of Measure 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans and Specifications 53 2-6 Work to be Done 56 2-7 Subsurface Data 56 2-8 Right-of-Way 57 2-9 Surveying 57 2-10 Authority of Board and Engineer 62 2-11 Inspection 62 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 63 3-2 Changes Initiated bythe Agency 63 3-3 Extra Work 64 3-4 Changed Conditions 67 3-5 Disputed Work 68 Section 4 Control of Materials 4-1 Materials and Workmanship 71 4-2 Materials Transportation, Handling and Storage 76 Section 5 Utilities 5-1 Location 76 5-2 Protection 77 5-3 Removal 77 5-4 Relocation 78 5-5 Delays 78 5-6 Cooperation 79 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 79 6-2 Prosecution of Work 83 6-3 Suspension of Work 84 6-4 Default by Contractor 85 6-5 Termination of Contract 85 6-6 Delays and Extensions of Time 86 6-7 Time of Completion 87 6-8 Completion, Acceptance, and Warranty 88 6-9 Liquidated Damages 88 6-10 Use of Improvement During Construction 88 oRevised 5/01/08 Contract No. 5006 Page 3 of 105 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 89 7-2 Labor 89 7-3 Liability Insurance 89 7-4 Workers' Compensation Insurance 90 7-5 Permits ' 90 7-6 The Contractor's Representative 90 7-7 Cooperation and Collateral Work 91 7-8 Project Site Maintenance 91 7-9 Protection and Restoration of Existing Improvements 91 7-10 Public Convenience and Safety 94 7-11 Investigation of Existing Facilities and Utilities 99 7-12 Patent Fees or Royalties 100 7-13 Advertising 100 7-14 Laws to be Observed 100 7-15 Antitrust Claims 100 Section 8 Facilities for Agency Personnel - NOT REQUIRED FOR THIS PROJECT Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 101 9-2 Lump Sum Work 101 9-3 Payment 101 Revised 5/01/08 Contract No. 5006 Page 4 of 105 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01300 Submittals 01400 Quality Control 01530 Protection of Existing Facilities 01600 Materials & Equipment 01630 Substitutions 01720 Record Documents DIVISION 02 - SITE WORK 02050 Demolition 02100 Site Preparation 02270 Erosion, Sedimentation, and Dust Control DIVISION 03 - CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03251 Concrete Joints 03300 Cast-in-Place Concrete 03310 Bonding Agents for Concrete 03462 Precast Concrete Structures 03600 Grout DIVISION 05 - METALS 05500 Miscellaneous Metals 05503 Adhesive Anchors & Bars DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07900 Joint Sealer Revised 5/01/08 Contract No. 5006 Page 5 of 105 Pages CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON SEPTEMBER 18, 2008, the Carlsbad Municipal Water District (District) 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: Removal of existing wooden access bridge at Maerkle Reservoir dam and installation of new access bridge. MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 BID NO. PWS09-03ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carlsbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. m¥ Revised 5/01/08 Contract No. 5006 Page 6 of 105 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $108,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. 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 involve federal funds. The following classifications are acceptable for this contract: "A". ESCROW AGREEMENT 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. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various 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 $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. m¥ Revised 5/01/08 Contract No. 5006 Page 7 of 105 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held on Thursday, August 28, 2008 at 10:00 a.m. at the access gate to the site on Applewood Lane, Vista, CA. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. 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 typewritten. 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. ADDENDUMS 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. Revised 5/01/08 Contract No. 5006 Page 8 of 105 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District 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 District 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 District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municj Resolution No. 1331, adopted on the 5™ day of August, "" August 6, 2008 Date Deputy City Clerk' Revised 5/01/08 Contract No. 5006 Page 9 of 105 Pages CARLSBAD MUNICIPAL WATER DISTRICT Board of Directors Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 CONTRACTOR'S PROPOSAL I OPENED, WITNESSED AND RI DATE '"SIGNAf th _.T_The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5006 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE "A" Total Amount (Figures) Item No. 1 Description Mobilization at •Tr-f-fefAf ^ko«J«uvt( da J/AAS Approximate Quantity And Unit Not to Exceed $15,000 Unit Price (Figures) $ I5 ooo "~~/$ 15,000 (Price in Words) Demolition of Existing Access Bridge at •fu>o LS $ 2. Goo (Price in Words) Installation of New Access Bridge at f.'fiy $ 50,000 $ Sotoop' (Price in Words) Total amount of bid in words for Schedule "A": Stjcfy dollars Total amount of bid in numbers for Schedule "A": $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / , proposal. / has/have been received and is/are included in this Revised 5/01/08 Contract No. 5006 Page 10 of 105 Pages The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State ofCalifornia, validly licensed under license number ^^-^^.S^f <?. _ , classification ^r _ which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District § 7028. 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. The Undersigned bidder hereby represents as follows: 1. That no Board member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. (Cash. Certified Check, Bond orAccompanying this proposal is Cashier's Check) for ten percent (10%) of the amount 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. Revised 5/01/08 Contract No. 5006 Page 11 of 105 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 1 of 2 —Contractor's License Detail - License # 750542 £O DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. -» 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 reported 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 database. License Number: Business Information: =ntity: Issue Date: Expire Date: License Status: Classifications: Bonding: 750542 Extract Date: 09/18/2008 HAZARD CONSTRUCTION COMPANY POST OFFICE BOX 229000 SAN DIEGO, CA 92192 Business Phone Number: (858) 587-3600 Corporation 06/10/1998 06/30/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C31 CONSTRUCTION ZONE TRAFFIC CONTROL CONTRACTOR'S BOND This license filed Contractor's Bond number 206827201 in the amount of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ROBERT DAVID RANDAL certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/12/2001 This license has workers compensation insurance with the ZURICH AMERICAN INSURANCE COMPANY http://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 09/18/2008 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 2 of 2 Policy Number: WC824841309 Workers' Effective Date: 03/01/2008 Compensation: Expire Date: 03/01/2009 Workers' Compensation History http://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 09/18/2008 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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 (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Revised 5/01/08 Contract No. 5006 Page 12 of 105 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted HAZARD GUMS i HUGTIQM GUMPANK (2) (Signature) (te (Street and Numbei (3) Incorporated under the laws of the State of (4) Place of Business City and State (5) Zip Code Telephone No. (6) E-Mail Impress Corporate Seal here COMPANY P.O. BO;; ':2^vCO 92192-9000 (858)587-3600 FAX (858) 453-6034UC.750542A NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED COPY Revised 5/01/08 Contract No. 5006 Page 13 of 105 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On September 16. 2008 Date personally appeared before me,Angela C. Beversdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC W.S. Rogers NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^ whose name(&) is/ate-subscribed to the within instrument and acknowledged to me that he/she/theyrexecuted the same in his/heiftheirauthorized capacity(4es)-and that by his/feer/thetrsignature(s-) on the instrument the person(s)r or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. EAL) TJrl 1UIN/VL 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 ATTACHED DOCUMENT n INDIVIDUAL D CORPORATE OFFICER TITLE(S) n PARTNER(S) n LIMITED Q GENERAL D ATTORNEY-IN-FACT n TRUSTEE(S) D GUARDIAN/CONSERVATOR n OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 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: HAZARD CONSTRUCTION COMPANY xf Revised 5/01/08 Contract No. 5006 Page 14 of 105 Pages BID SECURITY FORM (Check to Accompany Bid) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified "Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER "Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 5/01/08 Contract No. 5006 Page 15 of 105 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 KNOW ALL PERSONS BY THESE PRESENTS: That we, ^AmCONSTWCTONCOMPA^^^^ as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount-. ^B^jtilP^JfiWv (fi^st be at least ten Percent (10%) of the bid amount) Tt^TOTAL AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall Revised 5/01/08 Contract No. 5006 Page 16 of 105 Pages not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this /6*ffc day of PRINCIPAL: (name By: CONSTRUCTION COMPANY 'rincipal) (sign here)D.M. URBICK, PRESIDENT (print name here) (Title and Organization of Signatory) By: (sign here) W.S. ROGERS, EXEC. VICE PRES./SEC. (print name here) (title and organization of signatory) Executed by SURETY this Of J?e 04-e,"*k*.\s ~ ,20^?% ~ SURETY. .day CASUALTY AND SURETY COMPANY OF KHeHtSA (name of Surety) O<^J2sr J^v r^ 5^ c^ ?) i (address of Surety) (telephone number of Surety) Bv: (signature of ORR ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL 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 General Counsel Revised 5/01/08 Contract No. 5006 Page 17 of 105 Pages c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California W County of San Diego On September 16.2008 Date personally appeared before me,Angela C. Beversdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC Bradley R. Orr NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same in his/her/their authorized capacity(4es) and that by his/hef/thcir signature(s)-on the instrument the person(s)7 or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CSS my hand and official seal EAL) [ / UJT11CWN AL, 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. SAN DIEGO COUNTY * .26.20121vMbwwwM CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) D PARTNER(S) D LIMITED D GENERAL n ATTORNEY-IN-FACT HI TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE TRAVELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 219254 Certificate No.,002031882 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dale Harshaw, Tara Bacon, Geoffrey R. Shelton, and Bradley R. Orr of the City of San Diego , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNII »day of S WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this .29th State of Connecticut Citv of Hartford ss. On this the _29th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Thompson. Senior Vice President _day of _October 2007, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. C. - Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this /fr~7%day of Kori M. Johansoti/Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On September 16.2008 before me, Date personally appeared Angela C. Beversdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC Doug Urbick NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/tkeif-authorized capacity(tes) and that by his/he*/their signature(s)-on the instrument the person(s); or the entity upon behalf of which the person^-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official seal. C NOTARY PUBLIC SIGNA UrilUrNAL, 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 INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES C DATE OF DOCUMENT SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(1ES) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On September 16.2008 Date personally appeared before me,Angela C. Beyersdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC W.S. Rogers NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)-and that by his/hcr/their signature(s)-on the instrument the personfs); or the entity upon behalf of which the personfs)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) MWMMMWMMMMMmmM ANGELA C.BMRSOOBF•SRMUSBMLSAN DIEGO COUNTYCommission Expires Feb. 26.2012— 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 D INDIVIDUAL n CORPORATE OFFICER TITLE(S) D PARTNER(S) P LIMITED P GENERAL P ATTORNEY-IN-FACT D TRUSTEE(S) P GUARDIAN/CONSERVATOR POTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTTTY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Company Profile Page 1 o 1 Company Profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07-01-1997 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 31194 NAIC Group #: 3548 California Company ID #: 2444-8 Date authorized in California: July 31, 1981 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT 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 AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_cojprof?p_EID=6182 09/18/2008 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be 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 ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 5/01/08 Contract No. 5006 Page 18 of 105 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 5/01/08 Contract No. 5006 Page 19 of 105 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business K i m zr/M 0 r\ C o*j£_ Subcontractor's License No, and Classification* Amount of Work by Subcontractor In Dollars* Page.of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(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." Revised 5/01/08 Contract No. 5006 Page 20 of 105 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 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. Date Contract Completed Name and Address of the Employer se^ A™ Name and Phone Ho. of Person to Contract \tH£&> <*±GU TypeofWoi* Amount of Contract Revised 5/01/08 Contract No. 5006 Page 21 of 105 Pages 2008 COMPLETED PROJECTS Public Project Name: Cliff Street Pedestrian Bridge HCC# 06073 Owner: City of Solana Beach Owner Address: 635 South Highway 101, Solana Beach, CA 92075 Owner Rep.: Dan Goldberg Phone No.: (858) 720-2400 Fax No.: (858)792-6513 Contract Price: $ 1,631,686.81 Completed: March 2008 Page 1 of 1 2007 COMPLETED PROJECTS Public Project Name: Route 805 Overcrossing (CT 11-238504) HCC# 06026 Owner: Caltrans Owner Address: 1727 30th Street, Sacramento, CA 95816 Owner Rep.: Phone No.: Fax No.: Contract Price: Completed: Hazael F Bagube (858) 688-1438 (916)227-6151 $1,707,663.04 June 2007 Private Project Name: Carlsbad Golf Course Cart Bridge HCC# 05091 Owner: Wadsworth Golf Construction Company Owner Address: 600 N. 195th Avenue, Buckeye, AZ 85326 Owner Rep.: Phone No.: Fax No.: Contract Price: Completed: Scott Boyer (623) 853-9100 (623) 853-0217 $1,181,151.08 February 2007 Private HCC# 03015 Project Name: Black Mountain Ranch Phase 2 Owner: Black Mountain Ranch LP Owner Address: 12770 High Bluff Drive, Suite 260, San Diego, CA 92130 Owner Rep.: Phone No.: Fax No.: Contract Price: Completed: Gordon Cloes (858) 792-7061 (858) 792-7625 $27,764,684.01 February 2007 Page 1 of 1 2004 COMPLETED PROJECTS Public Project Name: Route 5/78 Connector (CT# 11 -185944) Owner: Caltrans 1780 West Mission Rd, Escondido, CA 92025 Owner Rep.: Gary Lavine Phone No.: (760) 738-6021 Fax No.: (916)227-6151 Contract Price: $2,363,118.14 Completed: May-04 HCC#01077 Private Project Name: Owner: Owner Rep.: Phone No.: Fax No.: Contract Price: Completed: Camino Del Norte/Bernardo Center Drive 4S Kelwood General Partnership c/o newland California 10815 Rancho Bernardo Rd. Suite310, San Diego, CA92127 Mitch (858)674-1300 (858)674-1301 $24,111,196.04 October-04 HCC# 03014 Page 1 of 1 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 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: Q Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 5/01/08 Contract No. 5006 Page 22 of 105 Pages ACQRDn CERTIFICATE OF LIABILITY INSURANCE iwtSSSwF PRODUCER Barney & Barney LLC CA Insurance Lie: OC03950 9171 Towne Centre Drive, Suite 500 San Diego, C A 92 122 858-457-3414 INSURED Hazard Construction Company PO BOX 229000 San Diego, CA 92192-9000 i 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 INSURER A Lexington Insurance Company INSURER B: ^e Netherlands Insurance Company INSURER C: INSURER D: INSURER E: NAIC# 19437 24171 COVERAGES ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A B ADDl NSRC X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY _j CLAIMS MADE |X| OCCUR BI/PDDED:$ 10,000 GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY [xlS& HLOC AUTOMOBILE LIABILITY X X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $2,500 Comp & Collision DED GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY 1 OCCUR 1 CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER 1260450 BA8027366 POLICY EFFECTIVEDATE (MM/DDrm 5/8/2008 5/8/2008 POLICY EXPIRATIONDATE IMMiDD/YYI 5/8/2009 5/8/2009 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT {Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY -EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE WC STATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 2,000,000 $ 1,000,000 $ EXCLUDED $ 2,000,000 $ 4,000,000 $ 4,000,000 M, 000,000 $ $ s s s $ t $ $ $ $ $ $ $ DESCRIPTION OF OPSUTONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 days notice for non-payment of premium. RE: HCC Job #08039--Maerkle Reservoir Access Bridge Replacement; Bid No. PWS09-03ENG; Project No. 5006 in Carlsbad, CA. The City of Carlsbad, its officials, employees and volunteers are named as Additional Insureds per the attached endorsement. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Amanda QfeBus ACORD 25 (2001/08) client* 31616 Mst# 7335 Cert* Subject: ©ACORD CORPORATION 1988 *«•»-, 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) INSURED: Hazard Construction Company COMPANY: Lexington Insurance Company POLICY*: 1260450 POLICY PERIOD: 5/8/2008 EFFECTIVE DATE: 10/7/2008 TO 5/8/2009 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THiS ENDORSEMENT CHANGES THE PQUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket - 'As required by written contract*. This endorsement applies to work performed on Commercial projects only and excludes any and all "Residential Structures" work as defined by LX9911 (02/06) on this policy. Location And Description of Completed Operations: Additional Premium: (tf no entry appears above, information required to complete this endorsement will be shown BI the Declarations as applicable to this endorsement.) Section II - 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 3? 10 01 LX9604 ©ISOProperties, Inc, 2000 Page 1 of 1 INSURED: Hazard Construction Company COMPANY: Lexington Insurance Company POLICY*: 1260450 POLICY PERIOD: 5/8/2008 EFFECTIVE DATE: 10/7/2008 TO 5/8/2009 COMMERCIAL GENERAL LIABILITY CG 20 1010 01 POUCYNUMBER: TBD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ALXmONAL INSURED 0\AAERS, LESSEES OR - SCHEDULED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement wall be shown in the Declarations as applicable to this endorsement.) A. Section i • Who Is An Insured is amended to include as an insured tie person or organization shown in the Schedule, but only win respect to fiabUHy arising out of your ongoing operations performed for that insured. 8. With respect to the insurance afforded to these additional insured*, the following exclusion is added: 2. Exclusion* This insurance does not apply to "bodly in- jury" or "property damage" occurring after: (DAII work, including materials, pans or equipment fornished in connection with such work, on tfie project (otter than service, maintenance or repairs} to be performed by or on behalf of the additional insured^} at the site of the covered operations has been completed; or (29 That portion of 'your work" out of vxhicb the injury or damage arises has been put to its intended use by arty person or organization other than another contractor or subcontractor engaged in perfornMng operations lor a principal as 9 part of the same project CG 2010 10 01 1X9605 ©ISO Properties, Inc., 2000 Page 1 of 1 INSURED: Hazard Construction Company POLICY*: 1260450 COMPANY: Lexington Insurance Company POLICY PERIOD: 5/8/2008 TO 5/8/2009 EFFECTIVE DATE: 10/7/2008 ENDORSEMENT This endorsement, affective 12*1 AM 5/8/2008 Forms a part of poicy no.: 1260450 iMuedto: Hazard Construction Company By: Lexington Insurance Company PRIMARY/NOW CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the poficy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured Shan be primary insurance, but only with respect to any. claim, loss or liabity arising out of the Named Ineured's operations; and any insurance maintained by the Additional Insured shaH be non-contributing. Al other terms and conditions of the policy remain the same. Authorized Representative OR CountenJgnatura (hi states where appBcable) IXtUt (OMB) INSURED-S COPY ACORDn CERTIFICATE OF LIABILITY INSURANCE loSraSSfiM*1 PRODUCER Barney & Barney LLC CA Insurance Lie: OC03950 r 9171 Towne Center Driver, Suite 500 San Diego, CA 92186-5638 858-457-3414 INSURED Hazard Construction Company PO BOX 229000 San Diego, CA 92192-9000 i 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 INSURER A Zurich American Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: NAICff 16535 COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR A UUXLNSRC TYPE OF NSURANCE GETERAL LIABILITY COMMERCIAL GENERAL LIABILITY ] CLAIMS MADE I I OCCUR GENT AGGREGATE LIMIT APPLIES PER: I POLICY | | JECT 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCeSSIUMBRELLA LIABILITY 1 OCCUR 1 I CLAIMSMAOE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABLTTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yw.detcribe underSPECIAL PROVISIONS below OTHER POLICY NUMBER WC824841309 POLICY EFFECTIVE 3/1/2008 ^fBSSrSJv?1 3/1/2009 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per pawn) BODILY INJURY (Perscddent) PROPERTY DAMAGE(Par accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: ^Q EACH OCCURRENCE AGGREGATE X WC STATU- OTH-TORY LWITS ER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ S t $ $ $ $ 9 $ S t $ $ S $ $ $ $ 1,000,000 $ 1,000,000 » 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS * 10 days notice for non-payment of premium. Certificate is subject to all policy limits conditions and exclusions. RE: HCC Job #08039-Maerkle Reservoir Access Bridge Replacement; Bid No. PWS09-03ENO; Project No. 5006 in Carlsbad, CA. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1 635 Faraday Avenue Carlsbad, CA 92008 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Amanda (jfefkis ACORD 25 (2001/08) C|fent#31616 Mst# 6550 Cert* 144738 Subject ©ACORD CORPORATION 1988 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 26 (2001/08) BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State^ef California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: GOs^b i HUU i lOw Bv: (name of Contractor) (sign here! W.S. ROGERS. EXES. VICE PRES./SEC. (print name/title) Page./of /pages of this Re Debarment form Revised 5/01/08 Contract No. 5006 Page 23 of 105 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Wdrk ever been stayed? v yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) sf Page / of r pages of this Disclosure of Discipline form Revised 5/01/08 Contract No. 5006 Page 24 of 105 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 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: HAZARD CUi^STR (name of Contractor) Bv: (sign here) W.S. ROGER^XEC. VICE PRES./SEC. (print name/title) Page *~ of £- pages of this Disclosure of Discipline form Revised 5/01/08 Contract No. 5006 Page 25 of 105 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 State of California ) (Name of Bidder) and says that he or she is _ being first duly sworn, deposes (Title) of _ HAZARD CQMSTRUCTIQ^ COMPANY (Name of 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 ofperjury that the foregoingis true and correct and that this affidavit was executed on the //^T!*/ day of f^g? { , 20Dff . Signature of Bidder W.S. ROGERS. E*EC. VICE PRES./SEC. Subscribed and sworn to before me on the I \Q (NOTARY SEAL) Revised 5/01/08 Contract No. 5006 Page 26 of 105 Pages Jurat State of California County of __2$D_Qi. 0 Subscribed and sworn to (or affirmed) before me on this |{j? day of by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Notary seal) SAN DIEGO COUW OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form a's set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. State and County information must be the State and County where the document signers) personally appeared before the notary public. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. Print the name(s) of document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. •> Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. •J* Indicate title or type of attached document, number of pages and date. Securely attach this document to the signed document 2008 Version CAPAvl.9.07 800-873-9865 www.NotaryClasses.com of Carlsbad Public Works - Contract Administration August 13, 2008 ADDENDUM NO. 1 RE: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT BID NO. PWS09-03ENG, CONTRACT NO. 5006 Please include the attached addendum in the Notice to Bidder/Request 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. (EVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature^ ROGERS, EXEC. VICE PRES./SEC. 1635 Faraday Avenue - Carlsbad, CA 92OO8-7314 • (76O) 602-4677 • FAX (76O) 602-8562 CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT Bid No. PWS09-03ENG Addendum No. 1 From: Eva Plajzer, Project Manager Phone: (760)602-2787 Fax: (760) 602-8562 No. of Pages: 1 (including this page) Date: August 12, 2008 Bid Opening Date: September 18, 2008 2:00 pm (unchanged) CONTRACT DOCUMENTS Page 7. Paragraph 5 ACCEPTABLE LICENSE TYPES. Delete the second to last sentence "This invitation to bid does involve federal funds." And replace with the following: "This invitation to bid does not involve federal funds." Contract No. 5006 Addendum No. 1 c of Carlsbad Public Works - Contract Administration August 28, 2008 ADDENDUM NO. 2 RE: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT BID NO. PWS09-03ENG, CONTRACT NO. 5006 Please include the attached addendum in the Notice to Bidder/Request 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. KEVIN DAVIS Sr. Contract Administrator Attachment i ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature W.S. ROGERS, £)£C. VICE PRES./SEC. 1635 Faraday Avenue - Carlsbad, CA 920O8-7314 • (76O) 6O2-4677 • FAX (760) 6O2-8562 CARLSBAD MUNICIPAL WATER DISTRICT MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT Bid No. PWS09-03ENG Addendum No. 2 From: Eva Plajzer, Project Manager Phone: (760)602-2787 Fax: (760) 602-8562 No. of Pages: 5 (including this page) Date: August 28, 2008 Bid Opening Date: September 18, 2008 2:00 pm (unchanged) GENERAL INFORMATION •"" Pre-Bid Meeting. A mandatory pre-bid meeting was held at the project site on Thursday, August 28, 2008 at 10:00 AM. Enclosed is a copy of the sign-in sheets and agenda. Bidders' inquiries must be received no later than 5 p.m., Friday, September 5, 2008. Bidders' inquiries may be faxed to 760-602-8562, Attention Eva Piajzer or by email to eplaj@ci.carlsbad.ca.us. Questions Received at the Pre-Bid Meeting 1. Can girder erection and slab supply be made specialty items? Yes. Please see subsequent revisions to specifications. 2. Are there any permits required? Depending on how the contractor will execute the work, haul permits and traffic control plans from City of Vista or other municipalities may be required. Other permits maybe required based on contractor's work approach and will need to be obtained by the contactor. There are no specific permits for the project site itself as the project is a replacement and exempt from CEQA. 3. Traffic plans for the project? Traffic barriers need to be installed at the bridge as discussed in the contract documents. A submittal for the barriers and their placement needs to be provided. A need for any other traffic control plans for work in public right-of-way will depend on the contractor's work approach and is the responsibility of the contractor to obtain approval from the appropriate entity. Contract No. 5006 1 Addendum No. 2 4. Is there water in the channel? ••«>**• The channel under the bridge is for spill purposes from the dam and does not normally have water in it. CMWD controls when water is present in the channel. 5. Who do we contact for outages? SDG&E, phone co, and cable provider. Please see Section 5-6 of the General Provisions (page 79). 6. Can the access for heavy loads be changed? Yes. Please see subsequent revisions to specifications. 7. Is there an available area for staging? Yes. CMWD will make the area to the right of the gate by the bridge available for staging. The contractor is responsible for securing the area and all materials/equipment left on site. 8. What are the access times for the site? The work hours are 7 a.m. to 4 p.m. CMWD will open gates to the site by 7 a.m. Do not park vehicles on Applewood Lane. ^ Revisions^KHf ~~—^~^m~m. 1. Page 18, Guide for Completing the "Designation of Subcontractors" Form Paragraph two. Add the following: Girder erection and slab supply are considered specialty items and are not included in computing the percentage of work. 2. Page 95, Section 7-10.1 Traffic and Access. 3rt paragraph. Add the following: If the access point from Shadowridge Drive cannot accommodate large delivery, the Applewood Lane access point can be used for large deliveries. 3. Page 99, add the following section: 7-10.4.6 Fire Hazard. The work area is surrounded by dry brush. The contractor shall take care as not to cause brush fires from equipment etc. Smoking, or other fire igniting activities, is not permitted at the project site. Costs associated with remediation of brush fires caused by contractor's negligence will be borne by the contractor. Contract No. 5006 Addendum No. 2 AGENDA Carlsbad Municipal Water District Maerkle Reservoir Access Bridge Replacement Contract No. 5006 Bid No. PWS09-03ENG Mandatory Pre-Bid Meeting August 28,2008 10 a.m. Entrance at Applewood Lane, Vista 1) Introductions 2) Project overview 3) Schedule a) 120 working days b) 30 working days for bridge outage 4) Obtaining plans and specifications a) www.carlsbadca.gov i) "Bid Information" ii) "Public Works Contracting Opportunities" iii) "Current Contracting Opportunities" b) City counter at 1635 Faraday Ave, Carlsbad CA c) Mail - internet form d) If questions contact Rhonda Heather at 760-602-2767 5) Written comments will be accepted until 5 p.m. on September 5, 2008 a) Fax: 760-602-8562 attn: Eva Plajzer b) E-mail: eplaj@ci.caiisbad.ca.us 6) Site visit 7) Questions r Carlsbad Municipal Water District Maerkle Reservoir Access Bridge Replacement Contract No. 5006 Bid No. PWS09-03ENG Mandatory Pre-Bid Meeting August 28,2008 10 a.m. Entrance at Applewood Lane, Vista Carlsbad Municipal Water District Maerkle Reservoir Access Bridge Replacement Contract No. 5006 Bid No. PWS09-03ENG Mandatory Pre-Bid Meeting August 28, 2008 10a.m. Entrance at Applewood Lane, Vista Name Company Name Address Phone Fax E-mail 11! srp. . JJ \f wf i ^ •* * • A '-1 '" H 3^~ «£i Vtti'vhc? GlAA OL, CONTRACT PUBLIC WORKS This agreement is made this A5 day of \±J d, f-Q lcUL*J _ 2QQtT, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and HAZARD CONSTRUCTION COMPANY whose principal place of business is 6465 MARINDUSTRY DRIVE, PO BOX 229000 SAN DIEGO CA 92192 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. Revised 5/01/08 Contract No. 5006 Page 27 of 105 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 District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 5/01/08 Contract No. 5006 Page 28 of 105 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability 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 District 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 5/01/08 Contract No. 5006 Page 29 of 105 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the District by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.i.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies-or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. 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 20104.2(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.» Revised 5/01/08 Contract No. 5006 Page 30 of 105 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. . init. O/ V. init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. Revised 5/01/08 Contract No. 5006 Page 31 of 105 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: HAZARD CONSTRUCTION COMPANY (name of Contractor) Bv: By: (sign here) P.M. URBICK. PRESIDENT (print name and title) ±». CARLSBA; municipal By: ATTEST: Seci (signhpri)! W.S. ROGERS. |XEC< VICE PRES./SEC. (print name and title) President or vice-president and secretary or assistant secVetary^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 General Cou Deputy General Counsel Revised 5/01/08 Contract No. 5006 Page 32 of 105 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 7. 2008 before me,Angela C. Beversdorf. Notary Public Date personally appeared NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC W.S. Rogers NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(fr) is/are-subscribed to the within instrument and acknowledged to me that he/she/theyexecuted the same in his/her/thek authorized capacity(4es) and that by his/her/their signature^ on the instrument the person(s-), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal. NOTARY PUBLIC SIGKftTURE .(SEAL) '•WWnfllVWWVWHIVWWWIIWIMMfVWfr ANGELA C.BEYERSOORFf•SAN DIEGO COUNTY. 26. 20121IVMIftMIWWW \jr i IUPN AL, 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 O INDIVIDUAL n CORPORATE OFFICER TITLE(S) d PARTNER(S) LI LIMITED d GENERAL D ATTORNEY-IN-FACT a TRUSTEE(S) HI GUARDIAN/CONSERVATOR a OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 7. 2008 before me, Date personally appeared Angela C. Beyersdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC Doug Urbick NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^ whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies-) and that by his/her/their signature(s)-on the instrument the personfjs)? or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official seal. .(SEAL) MMMIWKWtfH>mK»Wtf>IMVW>mwWI» ANGELA C. BEYERSDORFl NOTARY PUBLIC • CALIFORNIA § SAN DIEGO COUNTY •;Commission Expires Feb. 26, 20121 MVMmwwvuwwvwvwvvwmvwwiit 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 D INDIVIDUAL n CORPORATE OFFICER TITLE(S) D PARTNER(S) d LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTrTY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Executed in Duplicate Bond no. 105147048Premium: Included inPerformance bond LABOR AND MATERIALS BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, has administratively awarded to HAZARD CONSTRUCTION COMPANY (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, HAZARD CONSTRUCTION COMPANY, as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of SIXTY SEVEN THOUSAND FIVE HUNDRED Dollars ($67,500.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 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 hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 5/01/08 Contract No. 5006 Page 33 of 105 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, day of ^«O/Q^t^^— CONTRACTOR: Hazard Construction Company (name of Contractor) ^ (sign heref D.M. URBICK, PRESIDENT (print name here) (title and organization of signatory) (sign, W.S. ROGERS. E>ICE PRES./SEC. Executed by SURETY this 3rd day Of October 2Q08 SURETY: Travelers Casualty and Surety Company of America (name of Surety) 9325 Sky Park Ct. #220, San Diego, CA 92123 (address of Surety) 858-616-6240 (telephone number of Surety) £.a?.~(signat Bradley R. Orr, f Attomey-in-Fact) rney-in-fact (print name here) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (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 General Counsel By: Deputy General Counsel Revised 5/01/08 Contract No. 5006 Page 34 of 105 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego _ October 7. 2008 before me,On Date personally appeared Angela C. Beversdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC W.S. Rogers NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature^ on the instrument the person(s)r or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. wr IS my hand and official seal. .(SEAL)IWVWWWWM W**fff**f**f*IAtf/lt*/ltMVWWVWV^ ANGELA G: BEYERSDORFl COMM. #1791NOTARY PUBLIC* CALIFORNIA g SAN DIEGO COUNTY -Commission Expires Feb. 26. 2012 1'WMwwwvvuvwvwvvvMwvvMmmMK LWIlUfNAL, 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 D INDIVIDUAL O CORPORATE OFFICER TITLE(S) D PARTNER(S) D LIMITED n GENERAL d ATTORNEY-IN-FACT D TRUSTEE(S) d GUARDIAN/CONSERVATOR D OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 7. 2008 before me, Date personally appeared Angela C. Beversdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC Doug Urbick NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(4es) and that by his/her/theif signature^ on the instrument the person(s), or the entity upon behalf of which the person(st acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal. .(SEAL) WWVMMVWVMMMVWWmWAVWMMANGELA C:BEYERSDORFI COMM. #1791960 4NOTARY PUBLIC-CALIFORNIA g SAN DIEGO COUNTY -JConmtesion Expires Feb. 26. 2012 fWVWWWWIMtaMMVWWVMMWVWC OFTTOIVAlj 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 ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) D PARTNER(S) Q LIMITED 0 GENERAL O ATTORNEY-IN-FACT n TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ACKNOWLEDGMENT State of California County of San Diego On October 3. 2008 before me, Tara Bacon. Notary Public, personally appeared Bradley R. Orr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. TARABACONI GOMM #1579543 £ \ NOTARY PUELiC-CALIFORNIA w . SrtN DEGO COUNTY O '' My Commission Expires • MAY 16.2009 | (Seal) COPY TRAVELERSJ c WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 219254 Certificate No. 002413311 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dale Harshaw, Tara Bacon, Geoffrey R. Shelton, and Bradley R. Orr of the City of San Diego , State of_California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any Actions or proceedings allowed by law. [ WITNESS WHEREOF, the Companies have caused this instrument to be signed and theircorporate seals to be hereto affixed, this\^ , June 2008 ; *Tray of , . 2nd State of Connecticut City of Hartford ss. On this the _2nd Farmington Casualty Company Fidelity and Guaranty Insurance Company , Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Thompson, Senior Vice President _day of_June 2008, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. CWitness Whereof, I hereunto set my hand and official seal. Commission expires the 30th day of June, 2011.- Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second V President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behal of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3RD day of OCTOBER Kori M. Johansou/Assistant Secretary _, 2006^1 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Executed* Duplicate Bond no. 105147048 Premium: $641.00 FAITHFUL PERFORMANCE/WARRANTY BOND Board of Directors of the Carlsbad Municipal Water District located in the State of California, has administratively awarded to HAZARD CONSTRUCTION COMPANY (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, HAZARD CONSTRUCTION COMPANY, as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of SIXTY SEVEN THOUSAND FIVE HUNDRED Dollars ($67,500.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 5/01/08 Contract No. 5006 Page 35 of 105 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 f — day of £xC/'Q^g31^ 2OJ CONTRACTOR: Hazard Construction Company (name of Contractor) (sign here) D.M. URBICK, PRESIDENT (print name here) (Title and Organization of Signatory) By: (sign hep W.S. ROGERS, EXEC. VICE PRES./SEC. (print name here) Executed by SURETY this 3rd October day of .,20'08 SURETY: Travelers Casualty and Surety Company of America (name of Surety) 9325 Sky Park Ct. #220, San Diego, CA 92123 (address of Surety) 858-616-6240 (telephone number of Surety) (signature of Attofhey-in-Fact) Bradley R. Orr, Attorney-in-fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (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 General Counsel By: Deputy General Counsel Revised 5/01/08 Contract No. 5006 Page 36 of 105 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 7. 2008 Date personally appeared before me,Angela C. Beyersdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC W.S. Rogers NAME(S)OFSIGNER(S) who proved to me on the basis of satisfactory evidence to be the personfs) whose name(-s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/flick authorized capacity(4ey) and that by his&ei/their-signaturefs^on the instrument the person(s); or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IS my hand and official seal. .(SEAL) IMIVWVWWWWVWVWVWVWMWVWWWa ANGELA C. BEYERSDORF I NOTARY PUBLIC • CALIFORNIA | SAN DIEGO COUNTY -J Feb. 26, 2012 UITIUINAL, 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 Q INDIVIDUAL D CORPORATE OFFICER TITLEfS) n PARTNER(S) n LIMITED n GENERAL Q ATTORNEY-IN-FACT O TRUSTEE(S) D GUARDIAN/CONSERVATOR n OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 7. 2008 before me, Date personally appeared Angela C. Beyersdorf. Notary Public NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC Doug Urbick NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person^ whose namefs-) is/are subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature^ on the instrument the personfs)^ or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -I .(SEAL) WVUWVMXMWWWWWDVDUWWy ANGELA C.BEYERSDORF; SAN DIEGO COUNTY - Commission Expires Feb. 26,2012?'MMAmWVVWVAwMMmAMWWIVMWIM UfllUfNAJL 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 n INDIVIDUAL O CORPORATE OFFICER TITLE(S) n PARTNER(S) n LIMITED L3 GENERAL HI ATTORNEY-IN-FACT n TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAMES OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ACKNOWLEDGMENT State of California County of San Diego On October 3. 2008 before me, Tara Bacon. Notary Public, personally appeared Bradley R. Orr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A. TARA BACON | COMM. #1579543 oI NOTARY PUBLIC-CALIFORNIA at SAN DIEGO COUNTY OMy Commission Expires • MAY 16.2009 I (Seal) TRAVELERSJ C WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 219254 Certificate No. 002413312 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dale Harshaw, Tara Bacon, Geoffrey R. Shelton, and Bradley R. Orr of the City of San Diego , State of_California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or-proceedings allowed by law. S~* _ C WITNESS WHEREOF, the Conroanies have caused this instrument to be signed and diete corporate seals to be hereto affixed, this .2nd State of Connecticut City of Hartford ss. On this the _2nd Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance "Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company _day of.June 2008 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >>Witness Whereof, I hereunto set my hand and official seal. Commission expires the 30th day of June, 2011. \fQl/U>o C. - Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vi j President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behan of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this .3RD OCTOBER Kori M. Johansoo/Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to 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 District pursuant to the Construction Contract entered into between the City and Contractor for MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The 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 $100,000 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 District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. A•^ Revised 5/01/08 Contract No. 5006 Page 37 of 105 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name ,_ Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 5/01/08 Contract No. 5006 Page 38 of 105 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District:Title PRESIDENT Name Signature Address 1200 Carlsbad Village Drive, Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address oRevised 5/01/08 Contract No. 5006 Page 39 of 105 Pages GENERAL PROVISIONS FOR MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT CONTRACT NO. 5006 CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 5/01/08 Contract No. 5006 Page 40 of 105 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the Carlsbad Municipal Water District. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 5/01/08 Contract No. 5006 Page 41 of 105 Pages Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 5/01/08 Contract No. 5006 Page 42 of 105 Pages Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on ,*•*. which the Contract time will start. 7..,,/' Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. /^^ ^^Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Shop Drawing(s) - Drawings that are prepared as fabrication drawings made by the Contractor, a Sub-Contractor, or fabricator to show details of the manufactured or assembled product(s) proposed to be incorporated into the Work. Site Representative - The on-site representative designated by the Agency to handle the day-to-day contracts for all project concerns. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental ^^ Agreements between the Contractor and the Board. ' 1^s •^ Revised 5/01/08 Contract No. 5006 Page 43 of 105 Pages Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. oRevised 5/01/08 Contract No. 5006 Page 44 of 105 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC . Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation o o Revised 5/01/08 Contract No. 5006 Page 45 of 105 Pages FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG ;...High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 5/01/08 Contract No. 5006 Page 46 of 105 Pages SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel^ Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA.... National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 5/01/08 Contract No. 5006 o Page 47 of 105 Pages 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1.6093 kilometer (km) 1 square foot (fr) 0.0929 square meter (nrr) 1 square yard /yd ) 0.8361 square meter (m ) 1 cubic foot (ft) 0.0283 cubic meter (m,) 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (ml) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa ' s) 1 centistoke (cs) 1 square millimeters per second (mm Is) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 5/01/08 Contract No. 5006 Page 48 of 105 Pages Common Metric Prefixes , kilo(k) ................................................................................................... 10, centi(c) ................................................................................................. 10, milli(m) ................................................................................................. 10"* micro (\i) ............................................................................................... 10" nano (n) ................................................................................................ 10" pico(p) .................................................................................................. 10"12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line o Revised 5/Q1/08 Contract No. 5006 Page 49 of 105 Pages SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 5/01/08 Contract No. 5006 Page 50 of 105 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. m¥ Revised 5/01/08 Contract No. 5006 Page 51 of 105 Pages The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Revised 5/01/08 Contract No. 5006 Page 52 of 105 Pages 2-5 PLANS AND SPECIFICATIONS. 2-5,1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES) Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set of drawings designated as City of Carlsbad Drawing No. 458-6, and consists of eight (8) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, as issued by the San Diego County Department of Public Works, hereinafter designated SDRSD, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. Revised 5/01/08 Contract No. 5006 Page 53 of 105 Pages 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 10) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2- 5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. A•^ Revised 5/01/08 Contract No. 5006 Page 54 of 105 Pages When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2(A) Item Section Number Yttjt Subiaet1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General Generaj Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete PipeVitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the project specifications. Revised 5/01/08 Contract No. 5006 Page 55 of 105 Pages 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of "****' conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every % v 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 substantial completion of the work and prior to final acceptance. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 5/01/08 Contract No. 5006 Page 56 of 105 Pages 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein ana provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Revised 5/01/08 Contract No. 5006 Page 57 of 105 Pages 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. Revised 5/01/08 Contract No. 5006 Page 58 of 105 Pages TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills £ 10m (331) Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal ® Signal Poles & Controller ® Junction Box © Conduit © Minor Structure G) Abutment Fill Stake Description <2> SDRSM-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake Centerline or Parallel to Centerline Spacing®, © <1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' <, 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' <50' £ 50' on tangents & curves when R> 1000' & <, 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & £ 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at 1/4A, 1/iA & %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 at each junction box location < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grades 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression © < 50' & along end slopes & conic transitions Lateral Spacing <3>, ® on street centerline at clearing line Grade Breaks &<,25' N/A ( constant offset) N/A £22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1 'Verticals Horizontal 0.1 ' Horizontal 0.1 'Verticals Horizontal V Horizontal & V4" Vertical VHorizontal & V Vertical •V Horizontal & V*" Vertical V Horizontal & V Vertical •V Horizontal & V Vertical V Horizontal & V/ Vertical V Horizontal & when depth cannot be measured from existing pavement V Vertical V Horizontal & V Vertical (when vertical data needed) 0.1 'Verticals Horizontal Revised 5/01/08 Contract No. 5006 Page 59 of 105 Pages Feature Staked Wall© Major Structure ® Footings, Bents Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading CD Utilities 0, ® Channels, Dikes & Ditches CD Signs ® Subsurface Drains ® Overside Drains CD Markers © Railings & Barriers © AC Dikes © Box Culverts Pavement Markers© Stake Description CD RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, <E> < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns S50' < 50' on tangents & curves when R> 1000' & <: 25' on curves when R £ 1000' or where grades 0.30% intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing £ 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000'. At beginning & end and < 50' on tangents & curves when R £ 1000' & £ 25' on curves when R< 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice Lateral Spacing CD, <E> as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) V Horizontal & V Vertical '/a" Horizontal & V Vertical V Horizontal & V Vertical 0.1 'Vertical* Horizontal V Horizontal & V Vertical 0.1' Horizontals V Vertical 0.1 'Vertical* Horizontal 0.1 'Horizontal&V/ Vertical 0. 1' Horizontal & V Vertical VV Horizontal V Horizontal & Vertical 0.1' Horizontal & Vertical V Horizontal & V/ Vertical V/ Horizontal © Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table CD Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto CD Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature Revised 5/01/08 Contract No. 5006 Page 60 of 105 Pages <D > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(6) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Right-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final 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, Rl W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange ' Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. ORevised 5/01/08 Contract No. 5006 Page 61 of 105 Pages 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 5/01/08 Contract No. 5006 Page 62 of 105 Pages SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. -**, Revised 5/01/08 Contract No. 5006 Page 63 of 105 Pages 3-2.2.3 Decreases of More Than 50 Percent Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Revised 5/01/08 Contract No. 5006 Page 64 of 105 Pages 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 5/01/08 Contract No. 5006 Page 65 of 105 Pages The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. Revised 5/01/08 Contract No. 5006 Page 66 of 105 Pages The report shall: ^^. 1. Show names of workers, classifications, and hours worked. """**'' 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accor- dance with provisions of existing law. /*^ The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims ^^ in connection therewith. '^1^> Revised 5/01/08 Contract No. 5006 Page 67 of 105 Pages The Contractor shall provide the District with a written document containing a description of the *"****' particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. General Manager Revised 5/01/08 Contract No. 5006 Page 68 of 105 Pages The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the General 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 General 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 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. jr% Revised 5/01/08 Contract No. 5006 Page 69 of 105 Pages (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 5/01/08 Contract No. 5006 Page 70 of 105 Pages (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. Revised 5/01/08 Contract No. 5006 Page 71 of 105 Pages 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. Revised 5/01/08 Contract No. 5006 Page 72 of 105 Pages 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. A•^ Revised 5/01/08 Contract No. 5006 Page 73 of 105 Pages Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. Revised 5/01/08 Contract No. 5006 Page 74 of 105 Pages 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to ^-^ pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and ~J strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude ^^ without resolution. The committee shall consist of three State of California Registered Civil >^ Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written ^^^ notification and agrees to bear all investigative related costs thus far incurred; or '^^ W Revised 5/01/08 Contract No. 5006 Page 75 of 105 Pages 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations.oRevised 5/01/08 Contract No. 5006 Page 76 of 105 Pages The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. Revised 5/01/08 Contract No. 5006 Page 77 of 105 Pages 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, current edition at the time of bid opening and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 . Revised 5/01/08 Contract No. 5006 Page 78 of 105 Pages The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. The Contractor shall coordinate with San Diego Gas and Electric (SDG&E), other utilities on site, and the adjacent residence as to the requirements to temporarily de-energize, if necessary, the overhead line at the project site. Any requirements for temporary de-energizing and relocation of the overhead lines for construction activities shall be determined by the Contractor. Contractor shall be responsible for restoration of lines/power to their pre-construction location/condition that the Contractor affected with construction activities. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy. Revised 5/01/08 Contract No. 5006 Page 79 of 105 Pages 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.5 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.6 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.7 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. A•^ Revised 5/01/08 Contract No. 5006 Page 80 of 105 Pages 6-1.2.8 Early Completion. The Baseline Construction Schedule will show the Contractor's plan ^^ to support and maintain the project for the entire contractual time span of the project. Should the ) Contractor propose a project duration shorter than contract duration, a complete Baseline "-"'" Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.9 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. ^The Engineer will review and return to the Contractor, with any comments, the Baseline ^J Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.9.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.9.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.9.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 3 Revised 5/01/08 Contract No. 5006 Page 81 of 105 Pages 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.5. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.4 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.5 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 »,, working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. V,,,,,, Revised 5/01/08 Contract No. 5006 Page 82 of 105 Pages 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. Revised 5/01/08 Contract No. 5006 Page 83 of 105 Pages 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. The work includes partial demolition of an existing wooden bridge, removal of existing wood deck planks, stringers, blocking, sills, curbs, and wood guard rail; installation of new metal guard rail, new pre-cast / pre-stressed planks, concrete topping, concrete sills, bearing pads, concrete curb, and PVC drain pipes and sleeves, and related appurtenant work not mentioned above but required in accordance with the Contract documents. Items to remain in place and to be protected during construction: two (2) existing abutments; one (1) existing concrete pier; and the existing shotcrete channel lining. Detailed plans for the replacement of the bridge must be developed by the Contractor for the following major areas of Work. The following sequence of Work shall be followed as a guideline in preparing the Contractor's overall schedule. Not all activities are listed, and it is recognized that some of these activities will be implemented concurrently or with overlapping efforts. Unless otherwise indicated as Work to be performed "by the Owner", all Work shall be performed by the Contractor. 1. Mobilize 2. Bridge closure 3. Demolition, cleaning and preparation for the replacement 4. Salvage of wooden stringers 5. Concrete refurbishment of the abutments and the center pier 6. Installation of new bridge decking 7. Installation of concrete topping and new guardrail 8. Inspection and acceptance of work 9. Site cleanup 10. Demobilize 6-2.2 Project Meetings. The Engineer will establish the time and location of Project Meetings. Project meetings shall be held weekly during the active construction part (demolition installation of bridge). Meetings shall be held every other week for all other times. The meetings can be cancelled at the discretion of the Engineer. The Contractor shall prepare a two-week look-ahead for every meeting. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Revised 5/01/08 Contract No. 5006 Page 84 of 105 Pages Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. o Revised 5/01/08 Contract No. 5006 Page 85 of 105 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. Revised 5/01/08 Contract No. 5006 Page 86 of 105 Pages 6-7 TIME OF COMPLETION. _o6-7.1 General. The Contractor shall complete the Work within the time set forth in the "-^ Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within one hundred twenty (120) working days after the starting date specified in the Notice to Proceed. The new bridge shall be completed and opened for full traffic loads no later than thirty (30) working days from the time that the existing wooden bridge is taken out of service for demolition. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. ^%Unless otherwise approved in writing by the Engineer, the hours of work shall be between the ^^ hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving noise generation shall be performed by the Contractor between 5:00 p.m. and 7:00 a.m. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. Revised 5/01/08 Contract No. 5006 Page 87 of 105 Pages 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred dollars ($900). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that nine hundred dollars ($900) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 5/01/08 Contract No. 5006 Page 88 of 105 Pages Traffic flow operations to the reservoir will be severed during the bridge construction. The Contractor shall provide all facilities, labor and equipment needed to perform the contract work in the most expeditious manner in order to restore access to the City of Carlsbad maintenance and operation personnel to the reservoir property. The Contractor shall provide all necessary facilities, labor, and equipment to blockade both sides of the existing access adjoining the project site to prevent persons or vehicles from using the access road while it is under reconstruction. This will include, as a minimum, warning signs, safety tape, barriers, and night warning lights. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. Revised 5/01/08 Contract No. 5006 Page 89 of 105 Pages 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said perm it (s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. Revised 5/01/08 Contract No. 5006 Page 90 of 105 Pages 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ^. ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. } The Agency, its workers and contractors and others, shall have the right to operate within or """*" adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all 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. The Contractor shall also coordinate his schedule with the schedule of Contract No. 5009-A Maerkle Disinfection Facilities Chlorine Gas Scrubbers Replacement. >*> 7-8 PROJECT SITE MAINTENANCE. ^ 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable ^^^ after stripping. ^i•^s' Revised 5/01/08 Contract No. 5006 Page 91 of 105 Pages Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. A•^ Revised 5/01/08 Contract No. 5006 Page 92 of 105 Pages The Contractor shall comply with the California State Water Resources Control Board (SWRCB) x—x Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General 1 Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of """"*"' Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. Modify runoff from the site shall not be permitted. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its /*^ operations. When a portion of a sprinkler system within the right-of-way must be removed, the _^J remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. o Revised 5/01/08 Contract No. 5006 Page 93 of 105 Pages 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Seventy-two hours prior to the start of any construction activity 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. Any construction activities requiring traffic control within the City of Vista shall be coordinated with the City of Vista. The Contractor will be responsible for all permits, traffic control plans, etc., as required by the City of Vista for that portion of the Work. 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. Revised 5/01/08 Contract No. 5006 Page 94 of 105 Pages The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The Contractor shall replace all street markings and striping damaged by construction activities. Access to the site shall be via the Applewood Lane, Vista access gate for small vehicles, such as passenger cars, and pick-up trucks. The Contractor shall not block the access road on site between the access gate and the work site. Large deliveries shall occur through the access point from Shadowridge Drive (between Rosewood Street and Ocean Hills Drive). The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 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. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. Revised 5/01/08 Contract No. 5006 Page 95 of 105 Pages All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. A•^ Revised 5/01/08 Contract No. 5006 Page 96 of 105 Pages 7-10.3.2 Maintaining Traffic. Traffic on public streets shall not be impacted unless approved by the Engineer and as discussed in Section 7-10.3. The Contractor will not be permitted to block the paved access road on the site. Traffic on the paved access road shall be maintained at all times. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 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 traveled 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 traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. 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. Revised 5/01/08 Contract No. 5006 Page 97 of 105 PagesV 7-10.3.5 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 therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 5/01/08 Contract No. 5006 Page 98 of 105 Pages Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 INVESTIGATION OF EXISTING FACILITIES AND UTILITIES. The Contractor shall be required to locate all affected facilities prior to the fabrication and ordering of any materials and shall notify the site representative of any deviations from the anticipated conditions. Specifically, the Contractor shall accurately locate all existing utilities attached to the bridge, if any, and their respective underground approaches and departures to determine if any existing conditions, improvements, or utilities conflict with the proposed layout. Information such as vertical elevations and overhead / underground facilities must be obtained prior to beginning Work in the affected area, and this information shall be transmitted to the engineer. The engineer shall make any necessary adjustments to the drawings to reflect the actual field conditions. No additional payments will be made to the Contractor for any required adjustments in the drawings. Revised 5/01/08 Contract No. 5006 Page 99 of 105 Pages 7-12 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-13 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-14 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-15 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL - FACILITIES FOR AGENCY PERSONNEL ARE NOT REQUIRED FOR THIS PROJECT - Revised 5/01/08 Contract No. 5006 Page 100 of 105 Pages SECTION 9 - MEASUREMENT AND PAYMENT —v 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. """ 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. ^^^ Standard Measures. ^^•<*^ff'' 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. The Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule of values to be used as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Revised 5/01/08 Contract No. 5006 Page 101 of 105 Pages Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as Revised 5/01/08 Contract No. 5006 Page 102 of 105 Pages practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the 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. oRevised 5/01/08 Contract No. 5006 Page 103 of 105 Pages 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed fifteen thousand dollars ($15,000), 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 therefore. A•^ Revised 5/01/08 Contract No. 5006 Page 104 of 105 Pages 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Payment for the various items of the Bid Proposal, as further specified herein, shall include all compensation to be received by the Contractor for providing all tools, equipment, supplies, and manufactured articles, and for all labor and services, operations, and incidentals appurtenant to the items of Work described, as necessary to complete the various items of the Work, all in accordance with the requirements of the Contract Documents. This shall include all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA) as administered by the State of California (CAL-OSHA). No separate payment will be made for any item not specifically set forth in the Bid Proposal, and all costs therefore shall be included in the prices named in the Bid Proposal for the various appurtenant items of Work. The Contractor shall provide all materials, equipment, and labor necessary to carry out the Work of the Project, complete and in-place, as indicated below and in the Bid Schedule contained in the Contract Bidding Documents. Payment for each bid item will be made at the respective price listed in the Bid Schedule. Bid Item 1 - Mobilization. Price shall constitute full compensation for obtaining all required insurance, bonds and permits; moving all equipment onto the site, and other construction facilities, and implementing security requirements as discussed in section 9-3.4.1 and shown on the plans. Bid Item 2 - Demolition of Existing Bridge. Price shall constitute full-compensation for removing, salvaging, as required, and disposing the existing wooden access bridge as shown on the plans and in the specifications. The site shall be cleaned and prepared for the next phase of Work, new bridge installation. Bid Item 3 - Installation of New Access Bridge. Price shall constitute full-compensation for purchasing all parts, materials, and equipment and complete installation of said items per the plans and specifications for a fully-functioning in-service bridge. All activities, such as permits, coordination with other agencies, deliveries, but not limited to, to install the bridge with ail appurtenances are included in the lump sum price. -**, Revised 5/01/08 Contract No. 5006 Page 105 of 105 Pages TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. Wherever submittals are required hereunder, all such submittals by the CONTRACTOR shall be submitted to the ENGINEER. B. Within 10 working days after the date of commencement as stated in the Notice to Proceed, the CONTRACTOR shall submit the following items to the ENGINEER for review: 1. A Submirtal Schedule of Shop Drawings, and proposed Substitutes ("Or-Equal") submittals. Additional submittals will not be accepted for review prior to acceptance of the Submirtal Schedule by the ENGINEER. 2. A list of all permits and licenses the CONTRACTOR shall obtain indicating the agency required to grant the permit and the expected date of submittal for the permit and required date for receipt of the permit. 1.2 RELATED SECTIONS A. The Work of the following Sections apply to WORK of this Section. Other Sections of the SPECIFICATIONS, not referenced below, shall also apply to the extent required for proper performance of the WORK. 1. Section 01400, Quality Control. 2. Section 01600, Material and Equipment. 3. Section 0163 0, Substitutions. 4. Section 01720, Record Documents. 5. General Provisions of the Contract. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-1 1.3 SHOP DRAWINGS A. Submit Shop Drawings to ENGINEER for review and acceptance in accordance with the accepted schedule of Shop Drawings submittals. B. Determine and verify before submitting each Shop Drawing: 1. Field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto. 2. Materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the WORK. 3. Information relative to CONTRACTOR'S sole responsibilities in respect of means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. C. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing with other Shop Drawings, and with the requirements of WORK and CONTRACT DOCUMENTS. D. All CONTRACTOR Shop Drawing submittals shall be carefully reviewed by an authorized representative of the CONTRACTOR, prior to submission to the ENGINEER. Each submittal shall be dated, signed, and certified by the CONTRACTOR, as being correct and in strict conformance with the CONTRACT DOCUMENTS. In the case of Shop Drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the ENGINEER of any CONTRACTOR submittals will be made for any items which have not been so certified by the CONTRACTOR. All non-certified submittals will be returned to the CONTRACTOR without action taken by the ENGINEER, and any delays caused thereby shall be the total responsibility of the CONTRACTOR. E. At the time of each submission, the CONTRACTOR shall give the ENGINEER specific written notice of variations, if any, that the Shop Drawing submitted may have from the requirements of the CONTRACT DOCUMENTS. The notice shall be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the ENGINEER for review and approval of each such variation. F. Review and approval of Shop Drawings will be only to determine if items covered by submittals will, after installation or incorporation in the WORK, conform to information given in the CONTRACT DOCUMENTS, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the CONTRACT DOCUMENTS. Review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, except where a Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-2 particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the CONTRACT DOCUMENTS. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The review of the CONTRACTOR'S Shop Drawing submittals shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in the CONTRACTOR'S submittals. The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details. The CONTRACTOR shall make corrections required to submittals and shall return the required number of corrected copies of the Shop Drawings for review and approval. The CONTRACTOR shall direct specific attention in writing to revisions other than corrections called for on previous submittals. G. Review and approval of the Shop Drawings shall not relieve the CONTRACTOR from responsibility for variation from requirements of the CONTRACT DOCUMENTS, unless the CONTRACTOR has in writing called attention to each such variation at the time of submission, and written approval has been given of each such variation by specific written notation thereof incorporated in, or accompanying, the Shop Drawing approval. H. Where a Shop Drawing is required by the CONTRACT DOCUMENTS or schedule of Shop Drawings submissions accepted by the SITE REPRESENTATIVE, related WORK performed prior to review and approval of pertinent submittal will be at the sole expense and responsibility of the CONTRACTOR. 1.4 SUBMITTAL PROCEDURES A. The CONTRACTOR shall make all required submittals in accordance with the General Provisions, Section 2-5.3 - Submittals. B. If a submittal is returned to the CONTRACTOR marked "NO EXCEPTIONS TAKEN," formal revision and resubmission of said submittal will not be required. C. If a submittal is returned to the CONTRACTOR marked "MAKE CORRECTIONS NOTED," formal revision and resubmission of said submittal will be required when requested for confirmation. D. If a submittal is returned to the CONTRACTOR marked "AMEND-RESUBMIT," the CONTRACTOR shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the SITE REPRESENTATIVE. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-3 E. If a submittal is returned to the CONTRACTOR marked "REJECTED-RESUBMIT," the CONTRACTOR shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the ENGINEER. F. Fabrication of an item shall be commenced only after the ENGINEER has reviewed the pertinent submittals and returned copies to the CONTRACTOR marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the CONTRACT DOCUMENTS and shall not be taken as the basis for changes to the CONTRACT requirements. G. Submittal log: 1. The CONTRACTOR shall maintain an accurate submittal log which lists all the submittals required by this CONTRACT, showing current status of submittals. 2. Make the submittal log available for review upon request. 1.5 SUBMITTAL FORMAT AND COPIES A. Format for Shop Drawings: 1. For Shop Drawings presented on sheets larger than 8 Vz-inches by 17 inches, include on each drawing the drawing title, number, date, and revision numbers and dates. 2. For Shop Drawings presented on sheets 8 Vz-inches by 17 inches or less, conform to the format and quantity requirements for product data, and present as a part of the bound volume for the submittals required by the Section. 3. Dimension Drawings, except diagrams and schematic drawings; prepare dimensioned drawings to scale. Identify materials and products for WORK shown. 4. Shop Drawings shall be not less than 8 !/2 by 11 inches or more than 30 by 42 inches. 5. Submit detailed drawings and descriptions of proposed deviations from details or component arrangement indicated on the DRAWINGS. 6. Provide finished drawings for approval indicating proposed installation of WORK, and materials and equipment being furnished. 7. Copies of plans will not be accepted for submission as drawings, nor will catalog numbers alone of materials or equipment. 8. Data shown on working drawings shall be complete with respect to dimensions, design criteria, material of construction, and other detail to enable review. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-4 B. Format for Product Data: 1. Present product data submittals for each Section as a complete, bound volume. Include a table of contents listing page and catalog item numbers for product data. 2. Indicate, by prominent notation, each product which is being submitted; indicate the Section and paragraph numbers to which it pertains. 3. Supplement product data with material prepared for the project to satisfy submittal requirements for which product data does not exist. Note that the material is developed specifically for the project. 4. Catalog data shall be explicit with regard to details of products being furnished and complete enough to enable the Design Consultant to determine that products submitted conform to requirements of the SPECIFICATIONS. 5. For submittals with more than one style, size, capacity, etc. of a product on a sheet, clearly indicate exactly which product type is being submitted for approval. Failure to do this is cause for rejection. 6. Catalog data shall bear name, address, and telephone number of manufacturer of product or local representative. C. Format of Administrative and Closeout Submittals 1. Submit administrative and closeout submittals in the format and quantities required for the Shop Drawings. 2. If the submittal includes a document which is to be used in the project or become a part of the project record, other than as a submittal, do not apply the CONTRACTOR'S approval stamp to the document, but to a separate sheet accompanying the document. 3. Record documents shall be submitted in conformance with Section 01720, Record Documents. 1.6 PRE-CONSTRUCTION AND CONSTRUCTION PROGRESS SCHEDULES A. Provide as required by Section 01310, Construction Schedules. 1.7 MANUFACTURER'S INSTRUCTIONS A. Submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for the Shop Drawings when specified in individual Sections. B. Identify conflicts between manufacturers' instructions and CONTRACT DOCUMENTS. C. Resolve conflicts as directed by SITE REPRESENTATIVE at no additional cost to OWNER. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-5 1.8 MANUFACTURER'S CERTIFICATES A. When specified in individual Sections, submit manufacturers' certificate(s) to the SITE REPRESENTATIVE for review, in quantities specified for the Shop Drawings. B. Indicate material and equipment conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or product, but must be acceptable to the SITE REPRESENTATIVE. D. Where specified in the CONTRACT DOCUMENTS that a certificate and/or affidavit shall be submitted to the OWNER for approval of a particular product, or component of a product, such submittals shall be made in accordance with the following: 1. A certificate submitted for a product, or component of a product indicates test results proving that product, or component, meets the requirements of the standard specified in the CONTRACT DOCUMENTS. 2. An affidavit consisting of a sworn statement by an official of the company manufacturing the product indicating that information on certificate is true and accurate shall accompany the certificate. 3. A statement originating from the CONTRACTOR, or his subcontractors, suppliers, or other agent which merely indicates that a particular item of equipment, product, or component of a product, meets the requirements of the CONTRACT DOCUMENTS shall not be considered a certificate. A submittal made in this manner will not be approved and corresponding equipment, product, or component, shall not be finally accepted. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Submittals June 4, 2008 01300-6 SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.1 SITE INVESTIGATION AND CONTROL A. The CONTRACTOR shall verify all dimensions in the field and shall check field conditions continuously during construction. The CONTRACTOR shall be solely responsible for any inaccuracies built into the WORK due to its failure to comply with this requirement. B. The CONTRACTOR shall inspect related and appurtenant work and shall report in writing to the AGENCY any conditions which will prevent proper completion of the WORK. Failure to report any such conditions shall constitute acceptance of all site conditions, and any required removal, repair, or replacement caused by unsuitable conditions shall be performed by the CONTRACTOR at its sole cost and expense. C. Quality Control for this WORK shall be in accordance with the General Provisions, Section 4 - Control of Material and the following supplemental provisions. 1.2 RELATED SECTIONS A. General Provisions of the Contract. 1.3 INSPECTION OF THE WORK A. The WORK shall be conducted under the general observation of the AGENCY and shall be subject to inspection by representatives of the AGENCY acting on behalf of the AGENCY to insure compliance with the requirements of the CONTRACT DOCUMENTS. Such inspection may include shop or field inspection, as required. The AGENCY shall be permitted access to all parts of the WORK. B. The presence of the AGENCY or any inspector(s) shall not relieve the CONTRACTOR of the responsibility for the proper execution of the WORK in accordance with all requirements of the CONTRACT DOCUMENTS. Compliance is a duty of the CONTRACTOR, and said duty shall not be avoided by any act or omission on the part of the AGENCY or of any inspector(s). C. All materials or articles furnished by the CONTRACTOR shall be subject to rigid inspection, and no materials or articles shall be used in the WORK until they have been inspected and accepted by the AGENCY or his representative. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Quality Control June 4, 2008 01400-1 1.4 TIME OF INSPECTION AND TESTS A. Samples and test specimens required under these SPECIFICATIONS shall be furnished and prepared for testing in ample time for the completion of the necessary tests and analyses before said articles or materials are to be used. The CONTRACTOR shall furnish and prepare all required test specimens at its own expense. Except as otherwise provided in the CONTRACT DOCUMENTS, performance of the required tests will be by the AGENCY, all costs therefore will be borne by the AGENCY at no cost to the CONTRACTOR; except, that the costs of any test which shows unsatisfactory results shall be borne by the CONTRACTOR. Whenever the CONTRACTOR is ready to backfill, bury, cast in concrete, hide, or otherwise cover any WORK under the CONTRACT, the AGENCY shall be notified not less than 24 hours in advance of the covering. Failure of the CONTRACTOR to notify the AGENCY at least 24 hours in advance of any such inspections shall be reasonable cause for the AGENCY to order a sufficient delay in the CONTRACTOR'S schedule to allow time for such inspections and any remedial or corrective work required, and all costs of such delays, including its effect upon other portions of the WORK, shall be borne by the CONTRACTOR. 1.5 SAMPLING AND TESTING A. When not otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of ASTM, as applicable to the class and nature of the article or materials considered; however, the AGENCY reserve the right to use any generally accepted system of inspection which, in the opinion of the AGENCY will insure the quality of the workmanship is in full accord with the CONTRACT DOCUMENTS. B. Any waiver of any specific testing or other quality assurance measure, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial work, shall not be construed as a waiver of any technical or qualitative requirements of the CONTRACT DOCUMENTS. C. Notwithstanding the existence of such waiver, the AGENCY shall reserve the right to make independent investigations and tests as specified in the following paragraph and, upon failure of any portion of the WORK to meet any of the qualitative requirements of the CONTRACT DOCUMENTS, shall be reasonable cause for the AGENCY to require the removal or correction and reconstruction of any such WORK. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Quality Control June 4, 2008 01400-2 D. In addition to any other inspection or quality assurance provisions that may be specified, the AGENCY shall have the right to independently select, test, and analyze, at the expense of the AGENCY, additional test specimens of any or all of the materials to be used. Results of such tests and analyses shall be considered along with the tests or analyses made by the CONTRACTOR to determine compliance with the applicable SPECIFICATIONS for the materials so tested or analyzed; provided, that wherever any portion of the WORK is discovered, as a result of such independent testing or investigation by the AGENCY, which fails to meet the requirements of the CONTRACT DOCUMENTS, all costs of such independent inspection and investigation, and all costs of removal, correction, and reconstruction or repair of any such WORK shall be borne by the CONTRACTOR. 1.6 RIGHT OF REJECTION A. The AGENCY or the AGENCY'S inspector shall have the right, at all times and places, to reject any articles or materials to be furnished hereunder which, in any respect, fail to meet the requirements of the CONTRACT DOCUMENTS, regardless of whether the defects in such articles or materials are detected at the point of manufacture or after completion of the WORK at the site. If the AGENCY or inspector, through an oversight or otherwise, has accepted materials or WORK which is defective or which is contrary to the CONTRACT DOCUMENTS, such materials, no matter in what stage or condition of manufacture, delivery, or erection, may be rejected by the AGENCY. B. The CONTRACTOR shall promptly remove rejected articles or materials from the site of the WORK after notification or rejection. C. All costs or removal and replacement of rejected articles or materials as specified herein shall be borne by the CONTRACTOR. PART 2 - PRODUCTS WOT USED) PART 3 - EXECUTION (NOT USED) ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Quality Control June 4, 2008 01400-3 SECTION 01530 PROTECTION OF EXISTING FACILITIES PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall protect existing facilities in accordance with the General Provisions, Section 7-9 - Protection and Restoration of Existing Improvements and the following supplemental provisions. B. The CONTRACTOR shall be responsible for taking all precautions, providing all programs and taking all actions to protect the WORK, property and all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all as specified herein, and in accordance with the requirements of the CONTRACT DOCUMENTS. C. The CONTRACTOR'S actions to prevent injury, damage, or loss shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the WORK, the work of any other contractor, or utility service company. 2. Provide suitable storage facilities for all materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. 3. Place upon the WORK or any part thereof only such loads as are consistent with the safety of that portion of the WORK. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the WORK shall present a safe, orderly and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, and other hazardous areas. D. The CONTRACTOR shall not, except with prior written consent from proper parties, enter or occupy privately-owned land with personnel, tools, materials or equipment, except on easements provided herein. E. CONTRACTOR shall assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at his expense, to a condition equal to or better than that existing before the damage was done. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Protection of Existing Facilities June 4, 2008 01530-1 F. The CONTRACTOR shall verify the exact locations and depths and height of all utilities shown and the CONTRACTOR shall make exploratory excavations of all utilities that may interfere with the WORK. All such exploratory excavations shall be performed as soon as practicable after award of the contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the CONTRACTOR'S work. When such exploratory excavations show the utility location as shown to be in error, the CONTRACTOR shall so notify the ENGINEER. G. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility. 1.2 RELATED SECTIONS A. The WORK of the following Section applies to WORK of this Section. Other Sections of the Specification, not referenced below, shall also apply to the extent required for proper performance of the WORK. 1. General Provisions of the Contract. 1.3 RIGHTS-OF-WAY A. The CONTRACTOR shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, telegraph, or electric transmission line; any fence; or any other structure, nor shall the CONTRACTOR enter upon the rights-of-way involved until notified by the ENGINEER that the AGENCY has secured authorization from the proper party. After authority has been obtained, the CONTRACTOR shall give said party due notice of its intention to begin work, if required by said party, and shall remove, shore, support or otherwise protect such pipeline, transmission line, ditch, fence, or structure or replace the same. 1.4 PROTECTION OF STREET OR ROADWAY MARKERS A. The CONTRACTOR shall not destroy, remove, or otherwise disturb any existing survey markers or other existing street or roadway markers without proper authorization. No pavement breaking or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced. All survey markers or points disturbed by the CONTRACTOR shall be accurately restored after all street or roadway resurfacing has been completed. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Protection of Existing Facilities June 4, 2008 01530-2 1.5 RESTORATION OF PAVEMENT A. General: All paved areas including asphaltic concrete berms, concrete curbs, gutters, or sidewalks cut or damaged during construction shall be replaced with similar materials and of equal thickness to match the existing adjacent undisturbed areas, except where specific resurfacing requirements have been called for in the CONTRACT DOCUMENTS or in the requirements of the agency issuing the permit. All temporary and permanent pavement shall conform to the requirements of the affected pavement owner. All pavements which are subject to partial removal shall be subject to the requirements of Section 01045, Cutting and Patching, in addition to requirements set forth herein. B. Temporary Resurfacing: Wherever required by the public authorities having jurisdiction, the CONTRACTOR shall place temporary surfacing promptly after backfilling and shall maintain such surfacing for the period of time fixed by said authorities before proceeding with the final restoration of improvements. C. Permanent Resurfacing: In order to obtain a satisfactory junction with adjacent surfaces, the CONTRACTOR shall saw cut back and trim the edge so as to provide a clean, sound, vertical joint before permanent replacement of an excavated or damaged portion of pavement. Damaged edges of pavement along excavations and elsewhere shall be trimmed back by saw cutting in straight lines. All pavement restoration and other facilities restoration shall be constructed to finish grades compatible with adj acent undisturbed pavement. The CONTRACTOR is responsible for the replacement of traffic detector loops damaged or removed during construction which are associated with existing traffic controls. 1.6 PROTECTION OF EXISTING STRUCTURES C. Underground Structures: Underground structures are defined to include, but are not limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adjacent to the limits of the WORK. D. Surface Structures: Surface structures are defined as all existing buildings, structures and other facilities above the ground surface, their foundations, or any extension below the surface, and include, but are not limited to, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and other facilities visible above the ground surface. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Protection of Existing Facilities June 4, 2008 01530-3 E. Protection of Underground and Surface Structures: 1. The CONTRACTOR shall sustain in their places and protect from direct or indirect injury all underground and surface structures located within or adjacent to the limits of the WORK. Such sustaining and supporting shall be done carefully and as required by the party owning or controlling such structure. Before proceeding with the WORK of sustaining and supporting such structure, the CONTRACTOR shall satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. The CONTRACTOR shall assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the WORK. The CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by his work to any structure. The CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the owner of the damaged structure. F. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs, which are temporarily removed to facilitate installation of the WORK, shall be replaced and restored to their original condition at the CONTRACTOR'S expense. 1.7 PROTECTION OF THE EXISTING CONCRETE CHANNEL A. The CONTRACTOR shall protect the existing concrete lined channel during entire construction period. B. Proper protective covering shall be used when moving heavy equipment, handling materials or other loads, during demolition of existing facilities, handling concrete, steel, mortar and grout and when cleaning exposed areas requiring repair and / or replacement. C. Use metal pans to collect all oil and cuttings from pipe, conduit, or rod threading machines and under all metal cutting machines. D. Load bearing repairs less than 28 days old shall not be loaded without written permission of the ENGINEER. No load bearing elements shall be loaded in excess of its design loading. E. Traveled way traffic decking or sidewalks shall not be loaded without written permission of the ENGINEER. F. The CONTRACTOR shall restrict access to vehicular travel lanes except as required by the WORK. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Protection of Existing Facilities June 4, 2008 01530-4 1.8 PROTECTION OF INSTALLED PRODUCTS A. Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed prior to completion of WORK. No extra payment will be allowed for this work. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Protection of Existing Facilities June 4, 2008 01530-5 SECTION 01600 MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall be responsible for providing products and materials in conformance with the requirements of these SPECIFICATIONS, and for product delivery, storage, and handling in conformance with manufacturer's recommendations and as specified herein. B. Products are defined as material, components, equipment, fixtures, and systems incorporated into and forming the WORK. 1.2 RELATED SECTIONS A. The work of the following Sections apply to work of this Section. Other Sections of the SPECIFICATIONS, not referenced below, shall also apply to the extent required for proper performance of the WORK. 1. Section 01300, Submittals. 2. Section 01400, Quality Control. 3. General Provisions of the Contract. 1.3 SUBMITTALS A. Within 15 days after the start of the Project as established by the Notice to Proceed, submit a complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. Submit Shop Drawings and other submittals as required elsewhere in the SPECIFICATIONS. 1.4 PRODUCT DELIVERY A. The delivery, transportation, handling, and storage of equipment and material required for the WORK shall be in accordance with the General Provisions, Section 4-2 - Materials Transportation, Handling, and Storage and the following supplemental provisions. B. The CONTRACTOR shall arrange with the United States Postal Service for a special mailing address for the project. All deliveries shall be made to that address. No deliveries will be accepted by the AGENCY. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Materials and Equipment June 4, 2008 01600-1 C. The CONTRACTOR shall arrange deliveries of products in accordance with progress schedules and in sufficient time to allow for inspection by the ENGINEER prior to installation. D. The CONTRACTOR shall coordinate deliveries to avoid conflict with the WORK and conditions at site and to accommodate the following: 1. Work of other contractors, or the AGENCY. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. AGENCY'S use of premises. E. Products shall not be shipped from the manufacturer's or fabricator's facility or delivered to project site until related Shop Drawings, including shop or factory test reports and records, have been accepted and returned as approved by the ENGINEER. F. Shipments of materials to the CONTRACTOR or subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party with the name of the CONTRACTOR, project, street number, and city. Shipments shall not be delivered to the AGENCY. G. Products shall not be delivered to the site until required storage facilities have been provided and are ready to receive products for storage. H. Products shall be delivered to site in manufacturer's original, unopened, labeled containers. The CONTRACTOR shall keep the ENGINEER informed of delivery of all equipment to be incorporated in the WORK. I. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts and to facilitate assembly. J. Immediately upon delivery, the CONTRACTOR shall inspect shipment to assure: 1. Product complies with requirements of the CONTRACT DOCUMENTS and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, and labels are legible. 4. The manufacturer shall ensure that all delivered products are properly protected and undamaged. K. The manufacturer shall package or crate products to protect from damage during shipping, handling, and storage. 1. Mark or tag outside of packing to indicate contents by name and product / equipment number, special precautions for handling, and recommended requirements for storage. 2. Protect machined and unpainted parts subject to damage by the elements. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Materials and Equipment June 4, 2008 01600-2 3. Transport and handle products in accordance with manufacturer's written instructions. 4. Inspect shipments to assure products comply with requirements, quantities are correct, and products are undamaged. 1.5 PRODUCT HANDLING The CONTRACTOR shall: A. Provide equipment and personnel necessary to handle products, including those provided by the AGENCY, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or over stressing. D. Lift heavy components only at designated lifting points. E. Ensure that all materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.6 PRODUCT STORAGE A. The CONTRACTOR shall store and protect materials in accordance with manufacturer's recommendations and requirements of the CONTRACT DOCUMENTS. B. The CONTRACTOR shall ensure that the manufacturer's product containers shall not be opened until time of installation. C. The CONTRACTOR shall make all arrangements and provisions necessary for the storage of materials and equipment. All excavated materials, construction equipment, and materials and equipment to be incorporated into the WORK shall be placed so as not to injure any part of the WORK or existing facilities and so that free access can be maintained at all times to all parts of the WORK and to all public utility installations in the vicinity of the WORK. Materials and equipment shall be kept neatly and compactly stored in locations that will cause a minimum of inconvenience to the AGENCY, other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Materials and Equipment June 4, 2008 01600-3 D. Areas available on the construction site for storage of materials and equipment shall be within the project site or at other sites approved by the ENGINEER. Products shall not be stored inside the structures being constructed. E. Materials and equipment shall be stored to facilitate inspection and to ensure preservation of the quality and fitness of the WORK, including proper protection against damage by freezing and moisture. 1. Arrange storage to provide access for inspection and inventory control. a. Periodically inspect to assure products are undamaged, and are maintained under required conditions. b. Maintain an inventory of materials stored to facilitate inspection and estimate progress payments for materials delivered but not yet installed. 2. Store products in accordance with manufacturer's written instructions, with seals and labels intact and legible. Store sensitive products in weather-tight enclosures; maintain within temperature and humidity ranges required by manufacturer's written instructions. F. Products subject to damage by moisture, freezing, or other effects of the elements shall be stored inside weatherproof storage areas that are equipped with suitable temperature and moisture controls. G. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. H. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. I. Lawns, grass plots, or other private property shall not be used for storage purposes without written permission of the AGENCY or other person in possession or control of such premises. J. The CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. K. If necessary to move stored materials and equipment prior to or during construction, the CONTRACTOR shall move materials and equipment without any additional compensation. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Materials and Equipment June 4, 2008 01600-4 PART 2 - PRODUCTS 2.1 GENERAL PRODUCT REQUIREMENTS A. Provide new industrial quality products unless used or reuse of existing is specifically authorized in the CONTRACT DOCUMENTS. B. Provide standard catalogue products of manufacturers regularly engaged in the manufacture of the products unless specifically authorized otherwise. 1. Provide products that comply with specified requirements and that will function properly in their expected environment and under expected service conditions. 2. Where two or more units of the same product class are provided, provide products from the same manufacturer that are interchangeable. 3. Factory assemble equipment when practical. 4. For equipment shipped unassembled, provide with assembly plans and written instructions. Match-mark or tag separate parts and assemblies to facilitate field assembly. 5. Install products in accordance with requirements of the CONTRACT DOCUMENTS and approved recommendations of manufacturer. C. The CONTRACTOR shall make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the WORK. D. Product fabrication, manufacture, or purchase shall not begin until related Shop Drawings are accepted and returned without objection by the ENGINEER. 2.2 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Provide any product meeting those standards. B. Products Specified by Naming One or More Manufacturers: Submit a Substitution Request for any manufacturer not specifically named. Product fabrication, manufacture, or purchase shall not begin until Substitution Requests and subsequent related Shop Drawings are returned without objection by the ENGINEER. PART 3 - EXECUTION 3.1 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate satisfactory operation of each system to the ENGINEER and the AGENCY'S PERSONNEL. ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Materials and Equipment June 4, 2008 01600-5 SECTION 01630 SUBSTITUTIONS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall submit a Request for Substitution for any product or material or manufacturer not specifically named in the SPECIFICATIONS or the Approved Materials List. The Request for Substitution shall conform to the requirements of General Provisions Section 4-1.6 and this Section, and shall contain complete data substantiating that the proposed substitution complies with the CONTRACT DOCUMENTS. B. For CONTRACTOR'S options requiring a Request for Substitution, the CONTRACTOR shall submit a written Request for Substitution as defined below. 1.2 RELATED SECTIONS A. The WORK of the following Sections apply to WORK of this Section. WORK of other Sections of the SPECIFICATIONS, not referenced below, shall also apply to the extent required for proper performance of the WORK. 1. Section 01300, Submittals. 2. Section 01400, Quality Control. 3. Section 01600, Materials and Equipment. 1.3 SUBSTITUTIONS A. During a period of fifteen (15) days from the date of the Notice to Proceed, the SITE REPRESENTATIVE will accept written requests from the CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After the specified period has elapsed, Requests for Substitution will be considered only in the case that the specified product is not available, or other unforeseen events or conditions beyond the control of the CONTRACTOR. B. Submit five (5) copies of the Request for Substitution. Submit a separate request for each item, product, material, or equipment specified. In addition to the requirements set forth in the CONTRACT DOCUMENTS, include in each request the following: 1. For products or manufacturers: a. Manufacturer's information, including manufacturer's name and address, contact person name and telephone number, and company data - history, facilities, distribution facilities, technical support, sales offices, and similar information. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Substitutions June 4, 2008 01630-1 b. Manufacturer's product literature with product description, performance and test data, and reference standards. c. Samples, if appropriate. d. Name and address of the nearest service and technical support facility, including a current contact name and telephone number. e. Reference list of current owner names and addresses, including contact names and telephone numbers, of similar projects in which manufacturer or product was used. Include the number of units installed and dates of installation. 2. For construction methods (if specified): a. Detailed description of proposed construction method. b. Drawings illustrating construction method. 3. Such other data that the ENGINEER and the AGENCY may request to establish that the proposed substitution is equal to the specified manufacturer, product, or construction method. Failure to provide such additional data, or failure to provide requested data in a timely manner will be grounds for rejection of the substitution request. 4. The CONTRACTOR shall be solely responsible for demonstrating that the proposed substitution is equal to the specified manufacturer, product or construction method. C. In making a request for substitution, the CONTRACTOR represents that: 1. The CONTRACTOR has investigated the proposed substitution and determined that it is equal to, or superior in all respects, to the product, manufacturer or construction method specified. 2. The CONTRACTOR will provide the same or better guarantees or warranties for the proposed substitution as for the product, manufacturer or method specified. 3. The CONTRACTOR waives all claims for additional costs or extensions of time related to the proposed substitution that may subsequently become apparent. D. Acceptance of the substitution is at the full discretion of ENGINEER as per the General Provisions. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, the CONTRACTOR shall furnish the specified product, manufacturer or method specified, with no allowance made for delay to the Project, and at no additional cost to the AGENCY. F. Only one Substitution Request will be considered for each product. When the ENGINEER does not accept a proposed substitution, the CONTRACTOR shall provide the specified manufacturer, product, or construction method with no allowance made for delay to the Project, and at no additional cost to the AGENCY. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Substitutions June 4, 2008 01630-2 G. Submit Shop Drawings in accordance with Section 01300, Submittals, and the appropriate technical sections for those proposed substitutions that are accepted by the ENGINEER. Acceptance of a substitution does not relieve the CONTRACTOR ""** from the requirements for submission of Shop Drawings and other information as set forth in the CONTRACT DOCUMENTS. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Substitutions June 4, 2008 01630-3 SECTION 01720 RECORD DOCUMENTS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall maintain and provide the ENGINEER with Record Documents ("As-Builts") as specified below. Where the phrase "As-Builts" is used, it shall mean Record Drawings or Record Documents. Record Documents shall be updated to show current revisions as a condition precedent to monthly progress payments. B. Maintenance of Documents: 1. The AGENCY will furnish three sets of CONTRACT DRAWINGS, including Addenda, to the CONTRACTOR. 2. The CONTRACTOR shall maintain in the CONTRACTOR'S field office in clean, dry, legible condition at a secure location, a complete set of the following: CONTRACT DOCUMENTS, addenda, approved Shop Drawings, product data, photographs, Change Orders, other modifications to CONTRACT DOCUMENTS, test records, survey data, field orders, and all other documents pertinent to CONTRACTOR'S Work. 3. The CONTRACTOR shall provide files and racks for proper storage and easy access. File in accordance with filing format of Construction Specifications Institute (CSI), unless otherwise approved by the ENGINEER. 4. The CONTRACTOR shall have documents available at all times for review by the ENGINEER and AGENCY during normal working hours. 5. Record Documents shall not be used for any other purpose and shall not be removed from the CONTRACTOR'S office without the ENGINEER'S approval. C. Marking System: Provide colored pencils or felt tipped pens for marking changes, revisions, additions, and deletions to the record set of CONTRACT DRAWINGS to show actual installation conditions. Use the following color code unless otherwise approved by the ENGINEER. 1. Changes or additions to Work: Red. 2. Deletions: Green. 3. Printed Notation: Black. D. Recording: 1. Label the Cover Sheet, Index and each supplemental sheet of every individual document "PROJECT RECORD" in 2-inch high printed letters. 2. Keep record documents current. 3. Do not permanently conceal any portions of the WORK until required information has been recorded. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Record Documents June 4, 2008 01720-1 4. As-Built Drawings: a. Maintain a clean, undamaged set of blue or black line white-prints of CONTRACT DRAWINGS and Shop Drawings as As-Built Drawings. b. Legibly mark As-Built Drawings to show actual conditions, locations and installation details that vary from the representations on the original CONTRACT DOCUMENTS. c. Where Shop Drawings more accurately portray WORK, record a cross- reference at corresponding location on CONTRACT DRAWINGS. d. Give particular attention to concealed elements that would be difficult to measure and record at a later date. e. Mark new information that is important to the AGENCY but was not shown on the CONTRACT DRAWINGS or Shop Drawings. f. Organize record drawing sheets into manageable sets. Bind sets with durable-paper cover sheets; print suitable titles, dates, and other identification on cover of each set. g. Provide depths of various elements of foundations in relation to site datum. h. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements shall be included, i. Locate internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structures, j. Include field changes of dimensions and details, k. Include changes made by Change Order or Field Order, Request for Information, addenda, and submittals. 1. Provide details not shown on the original CONTRACT DRAWINGS. 5. Record Specifications and Addenda a. Maintain one complete copy of Proj ect Specifications, including addenda as record SPECIFICATIONS. b. Include with Record Specifications one copy of other written construction documents, such as Change Orders, RFI's, and modifications issued in printed form during construction. c. Mark Record Specifications to show substantial variations in actual WORK performed in comparison with text of SPECIFICATIONS and modifications. d. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. e. Other pertinent data not originally specified. f. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. g. Note related As-Built Drawing information and Product Data. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Record Documents June 4, 2008 01720-2 6. Record Product Data: a. Maintain one copy of each Product Data submittal as Record Product Data. b. Note related change orders and markup of As-Built Drawings and Record Specifications. c. Mark Record Product Data to show significant variations in actual WORK performed in comparison with information submitted. Include variations in products delivered to site and from manufacturer's installation instructions and recommendations. d. Give particular attention to concealed products and portions of the WORK that cannot otherwise be readily discerned later by direct observation. 7. Record Samples: a. Comply with AGENCY'S instructions regarding delivery to on-site storage area. 8. Miscellaneous Record Documents: a. Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of WORK. b. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. c. Identify miscellaneous records properly and bind or file, ready for continued use and reference. E. Submittal: 1. The submittal of Record Documents shall be in accordance with the General Provisions, Section 2-5.4 - Record Drawings and the following supplemental provisions. 2. The ENGINEER shall review the CONTRACTOR'S updated Record Documents on a monthly basis as a prerequisite for recommending approval of the CONTRACTOR'S monthly progress payment. Failure of the CONTRACTOR to maintain updated Record Documents shall result in a delay for processing the CONTRACTOR'S monthly progress payment until such Record Documents are properly updated. Submittals shall be in accordance with Section 01300, Submittals. 3. No later than 10 days after Substantial Completion and prior to Final Acceptance, the CONTRACTOR shall submit Record Documents to the ENGINEER for review and comment. a. The Record Documents will be reviewed and returned to the CONTRACTOR within 10 days of receipt by the ENGINEER. b. The CONTRACTOR shall make corrections and deliver the final Record Documents submittal not later than 30 days after the ENGINEER returns the initial submittal and prior to final payment. c. Final payment or release of retention will not be made until Record Documents are accepted by the ENGINEER. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Record Documents June 4, 2008 01720-3 4. Each submittal shall be accompanied by a transmittal letter containing: a. Date b. Project title and number c. CONTRACTOR'S name and address d. Title and number of each Record Document e. Certification that each document as submitted is complete and accurate f. Signature of the CONTRACTOR, or his authorized representative 1.2 RELATED SECTIONS A. The WORK of the following Sections apply to the WORK of this Section. WORK of other Sections of the Specifications, not referenced below, shall also apply to the extent required for proper performance of this WORK. 1. Section 01300, Submittals. 2. General Provisions of the Contract. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Record Documents June 4, 2008 01720-4 DIVISION 2 - SITE WORK SECTION 02050 DEMOLITION PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall furnish all labor, equipment, material, and incidentals necessary to perform and complete demolition WORK as called out on the CONTRACT DRAWINGS, and specified herein. B. In areas called out for demolition on the CONTRACT DRAWINGS, the CONTRACTOR shall remove, haul away, and appropriate dispose of identified materials, unless otherwise directed by the ENGINEER. Identified materials shall include, but not limited to: 1. Deteriorated and / or damaged concrete. 2. Deteriorated and / or damaged reinforcing steel and other miscellaneous metal items. 3. The existing wood guard rails, including rails, posts, vertical and horizontal members, base plates, and miscellaneous connection devices. 4. The existing wood deck planks, blocking, and sills. 5. The wooden stringers are to be removed, salvaged and stored / stacked as directed by the ENGINEER. 1.2 RELATED SECTIONS A. The WORK of the following Sections applies to the WORK of this Section. Other Sections of the SPECIFICATIONS, not referenced below, shall also apply to the extent required for proper performance of this WORK. 1. Section 01300, Submittals 2. Section 01530, Protection of Existing Facilities 3. Section 01700, Contract Closeout 4. Section 02270, Erosion, Sedimentation, and Dust Control 5. General Provisions of the Contract. 1.3 REFERENCE SPECIFICATIONS. CODES AND STANDARDS A. The WORK of this Section shall comply with the current edition of the California Building Code as adopted by the authority having jurisdiction over the WORK. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Demolition June 4, 2008 02050-1 1.4 CONTRACT SUBMITTALS A. The CONTRACTOR shall submit a demolition schedule to the ENGINEER indicating what is to be demolished and the coordination of WORK for any shut off and continuation of utility services before the start of the demolition work. The schedule shall indicate the proposed methods and operations of facility, demolition provide a sequence of demolition and removal work, and items to be salvaged to ensure uninterrupted operation of occupied areas. B. Before completion of the WORK, the CONTRACTOR shall submit an Affidavit of Legal Disposal attesting to the lawful disposal of all demolished materials. C. Submittal shall be made in accordance Section 01300, Submittals. PART 2 - PRODUCTS (NOT USED) PART 3-EXECUTION 3.1 GENERAL A. Structure portions that require demolition in order to prepare the site for repairs shall be demolished and removed in compliance with good construction practices. B. If the deteriorated or damaged material exceeds or is in addition to those areas identified on the CONTRACT DRAWINGS, the CONTRACTOR shall inform the ENGINEER of the situation and not proceed with demolition in that identified area until permission is received from the ENGINEER to proceed. C. Wooden stringers are to be salvaged for the AGENCY'S future use. -The CONTRACTOR shall remove, stack, and store the stringers as directed by the ENGINEER. 3.2 POLLUTION CONTROL A. Pollution control and suppression of dust shall be in compliance with the General Provisions Section 7. B. Water shall not be used when it creates hazardous or objectionable conditions such as flooding, erosion, sedimentation, or pollution. 3.3 PROTECTION A. Shoring and bracing shall be provided to prevent movement, settlement, deformation or collapse of the structure from demolition efforts. B. Existing portion of the structure, appurtenances, etc. not to be demolished shall be protected and maintained as necessary and in accordance with General Provisions Section 7. C. The CONTRACTOR shall protect and maintain all other utilities during the demolition work. 3 Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Demolition June 4, 2008 02050-2 3.4 DEMOLITION OF WOODEN BRIDGE AND GUARDRAIL A. The CONTRACTOR shall remove the wood guardrail, deck planks, blocking, and sills at the areas shown on the CONTRACT DRAWINGS. B. The CONTRACTOR shall roughen the surface of the existing abutments and concrete pier's horizontal surface areas to achieve an ICRI concrete surface equivalent to or greater than CSP 6. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. The CONTRACTOR shall remove all demolition debris, except the wooden stringers, from the project site. The CONTRACTOR shall protect in place the existing concrete lined channel, the two abutments, and the center span concrete pier All removed material not designated for salvage and all debris shall become the property of the CONTRACTOR. B. Site debris, rubbish, and other materials resulting from the demolition operations shall be removed and disposed of in compliance with all laws and regulations. Burning of removed materials from demolition, or other project construction activities is not permitted. C. The CONTRACTOR shall remove, stack, and store the salvaged wooden stringers as directed by the ENGINEER. 3.6 PATCHING AND REPAIRING A. The CONTRACTOR shall repair all damages caused to un-demolished portions of the project and to adjacent facilities by demolition to the satisfaction of the ENGINEER, and at no additional cost to the AGENCY. B. After patching and repairing has been completed, the CONTRACTOR shall carefully remove splatters of mortar from adjoining work and repair any damage caused by such cleaning operations. 3.7 PAVEMENT REMOVAL A. Any asphalt or concrete pavement that requires removal shall be saw cut on a neat line at right angles to the curb face. 3.8 PROTECTION OF EXISTING FACILITIES A. The CONTRACTOR shall preserve in operating condition, unless otherwise noted, all active utilities, including electrical and telephone services. The CONTRACTOR shall repair damage to such utilities caused by WORK under this CONTRACT to the satisfaction of the ENGINEER. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Demolition June 4, 2008 02050-3 3.9 SALVAGE A. The AGENCY has the right to salvage any items scheduled for removal. The CONTRACTOR shall notify the ENGINEER five (5) days prior to any salvage or demolition WORK to determine the disposition of items to be removed. The ENGINEER will mark items to be salvaged. Such items shall be properly disconnected, removed from their foundations or attachment points, cleaned and stored at a location designated by the ENGINEER. 3.10 CLEANING A. During and upon completion of the WORK, the CONTRACTOR shall promptly remove unused tool and equipment, surplus materials, rubbish, debris, and dust and shall leave the areas affected by the WORK in a clean condition. B. The CONTRACTOR shall clean adjacent structures and facilities of dust, dirt and debris caused by demolition and return adjacent areas to the condition that existed prior to start of WORK. C. The CONTRACTOR shall clean and sweep the affected portions of the road / street, sidewalk, etc. daily. **END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Demolition June 4, 2008 02050-4 SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall furnish all labor, equipment, materials, and incidentals necessary to prepare the site for the specified repairs. 1.2 RELATED SECTIONS A. The Work of the following Sections applies to the Work of this Section. Other Sections, not referenced below, shall also apply to the extent required for proper performance of this Work. 1. Section 02050, Demolition. 2. General Provisions of the Contract. 1.3 REFERENCE SPECIFICATIONS. CODES AND STANDARDS A. Except as otherwise indicated in this Section, the CONTRACTOR shall comply with the City of Carlsbad General Provisions. 1.4 CONTRACTOR SUBMITTALS A. Before starting the WORK, the CONTRACTOR shall have submitted and received an access road closure plan approved by the water department of the City of Carlsbad, CA. C. Before completion of the WORK, the CONTRACTOR shall submit an Affidavit of Legal Disposal attesting to the lawful disposal of all materials removed by clearing, grubbing, and stripping. PART 2 - PRODUCTS (NOT USED) Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Site Preparation June 4, 2008 02100-1 PART 3 - EXECUTION 3.1 GENERAL A. Existing Conditions: The site shall be examined and the ENGINEER shall be notified of any conditions that affect the WORK of this Section. B. Utility Interference: Where existing utilities interfere with the WORK of this Section, the ENGINEER shall be notified of interferences, and notifications to the AGENCIES of the affected utilities shall be provided in accordance with General Provisions, Section 7. 3.2 SITE PREPARATION A. The CONTRACTOR shall inspect the site and identify all areas that are currently damaged to the existing facility. The CONTRACTOR shall take photographs of the existing damage and provide a list of damaged items to the ENGINEER. ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Site Preparation June 4, 2008 02100-2 SECTION 02270 EROSION, SEDIMENTATION AND DUST CONTROL PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall abide by the requirements for project site maintenance, including dust control as per the General Provisions, Section 7-8. B. The CONTRACTOR shall provide all labor, equipment, materials and incidentals to establish and maintain control measures to control erosion, sedimentation, and airborne dust as required by local regulations and by the AGENCY, as shown on the DRAWINGS and as specified herein during the period of the CONTRACT. C. The CONTRACTOR shall establish, construct, and maintain erosion and sediment control measures. Silt control devices shall be installed in the appropriate locations before construction begins. Erosion control structures and measures shall be maintained until temporary ground cover is established to stop all sediment and erosion. All fines imposed for improper erosion and sedimentation control shall be paid by the CONTRACTOR responsible for the WORK, and no separate or additional compensation will be made. D. Temporary erosion and pollution control shall include construction work off-site where such work is necessary for borrow pit operations, haul roads, material stockpiles, or equipment storage sites. E. The CONTRACTOR shall acquire land disturbance permits from the local authority prior to commencing WORK. The CONTRACTOR shall be responsible for submitting to the local authority sufficient documents such that the local authority can acquire approval from the soils and water conservation authority having jurisdiction over the WORK. F. The CONTRACTOR shall install temporary erosion and sediment controls to assure that any storm water, other water, and drainage from job site areas that may be stripped or modified of naturally existing or artificially established stabilization or protection against erosion shall pass through some type of filter system before being discharged, The CONTRACTOR shall be responsible for keeping all job site areas sufficiently moist to control dust. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Erosion, Sedimentation and Dust Control June 4, 2008 02270-1 1 .2 SLOPE PROTECTION AND EROSION CONTROL A. Whenever steeper slopes or abrupt changes in grade are required, a diversion berm or ditch shall be constructed at the top of the slope to cause the surface water to flow along the diversion to a controlled down slope drainage. The diversion shall be protected against erosion with mulch or hay bales and paved inverts where needed. B. Silt barriers shall be constructed and maintained around all inlets throughout the construction period. Sediment accumulated behind silt barriers shall be removed when the ponding capacity behind the barrier is reduced by one-half. 1.4 DUST CONTROL A. The CONTRACTOR shall exercise precautionary measures to minimize dust emissions. This shall include, but is not limited to, periodic sprinkling or wetting of the site. The CONTRACTOR has the option of using a dust palliative. The CONTRACTOR must comply with all local air quality or other environmental requirements. PART 2 - PRODUCTS 2.1 SILT FENCE A. Silt fence shall be nylon reinforced polyester netting with fabric weight in excess of 4.0 ounces per yard and having a built-in cord running throughout the top edge of the fabric. Silt fence fabric shall be equal to Mirafi 100X, inert to chemicals commonly found in soil, and resistant to mildew, rot, insects, and rodent attack. Posts shall be either steel or 2-inch square pressure treated fir, southern pine or hemlock and shall be spaced not more than 6 feet on center. 2.2 STRAW ROLLS A. Straw rolls shall consist of clean, undecayed, firmly packed straw of nominal size and firmly bound by at least two separate circuits of rope or band material that will withstand weathering for a minimum of three months. 2.3 GRAVEL BAGS A. Bag Material: Bags shall be woven polypropylene, polyethylene or polyamide fabric, minimum unit weight 135 g/m2 (four ounces per square yard), mullen burst strength exceeding 2,070 kPa (300 psi) in conformance with the requirements in ASTM designation D3786, and ultraviolet stability exceeding 70% in conformance with the requirements in ASTM designation D4355. o Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Erosion, Sedimentation and Dust Control June 4, 2008 02270-2 B. Bag Size: Each gravel-filled bag shall have a length of 450 mm (18 in), width of 300 mm (12 in), thickness of 75 mm (3 in), and mass of approximately 15 kg (33 Ib). Bag dimensions are nominal, and may vary based on locally available materials. Alternative bag sizes shall be submitted to the RE for approval prior to deployment. C. Fill Material: Gravel shall be between 10 mm and 20 mm (0.4 and 0.8 inch) in diameter, and shall be clean and free from clay balls, organic matter, and other deleterious materials. The opening of gravel-filled bags shall be between 13 kg and 22 PART 3 - EXECUTION 3.1 INSTALLATION A. When silt fences are used, silt fences shall be installed by securely fastening silt fence fabric using wire ties. The silt fence shall be installed loosely with adjacent panels overlapped a minimum of 12 inches. Silt fence material shall be embedded at least six inches beneath ground surface and shall extend upward at least 1.5 feet above the disturbed area ground surface. The top edge of the fabric shall be reinforced or shall have a one-inch tuck. B. Straw rolls shall be installed in a row with ends tightly abutting. Rolls shall be securely anchored in place by wood stakes, steel fence pickets, or rebar driven through the roll. Stakes shall be driven flush with the roll and shall extend at least- 18 inches beneath the roll into the underlying soil. C. When gravel bags are used as a linear control for sediment removal: 1. Install along a level contour. 2. Turn ends of gravel bag row up slope to prevent flow around the ends. 3. Generally, gravel bag barriers shall be used in conjunction with temporary soil stabilization controls up slope to provide effective erosion and sediment control D. When gravel bags are used for concentrated flows: 1. Stack gravel bags to required height using a pyramid approach. 2. Upper rows of gravel bags shall overlap joints in lower rows. 3. Construct gravel bag barriers with a set-back of at least 3 feet from the toe of a slope. Where it is determined to be not practicable due to specific site conditions, the gravel bag barrier may be constructed at the toe of the slope, but shall be constructed as far from the toe of the slope as practicable. E. Accumulated silt and debris shall be removed by the CONTRACTOR from behind the face of the silt fences as necessary to provide proper silt fence operation and when the ponding capacity is reduced by one-half. Clogged or damaged fabric shall be immediately replaced at no additional cost to the AGENCY. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Erosion, Sedimentation and Dust Control June 4, 2008 02270-3 F. Accumulated silt and debris and damaged or deteriorated bales shall be removed by the CONTRACTOR at no additional cost. G. Temporary construction exits shall be maintained in a condition that will prevent tracking or flow of mud out of the WORK area or onto public roads. 3.2 PROVISIONS FOR EROSION CONTROL DURING CONSTRUCTION A. The CONTRACTOR shall implement erosion control measures around all areas to be disturbed prior to disturbing ground in the area, to the satisfaction of the ENGINEER. The ENGINEER will periodically inspect erosion control structures to confirm that the CONTRACTOR is maintaining these features. B. The CONTRACTOR shall take sufficient precautions during construction to eliminate run-off of polluting substances such as silt, clay, wastes, fuels, oils, and bitumen into water supplies and surface waters. Special precautions shall be taken in the use of construction equipment to conduct operations in a manner that reduces erosion. C. When utilized, the temporary drainage ditches, silt fences, and other erosion and sediment control features shall be maintained at locations identified by the ENGINEER. D. Disposal of drainage from the site shall be at a location approved by the ENGINEER. Drainage shall not be disposed of until silt and other sedimentary materials have been removed. Particular care shall be taken to prevent the discharge of unsuitable drainage to a water supply or surface water body. E. As a minimum, the following shall apply: 1. Staked rolls of straw, gravel bags, or approved silt fencing shall be provided at points where drainage from the work site leaves the site, to reduce the sediment content of the water. Sufficient rolls of straw, gravel bags, or silt fence shall be provided such that all flow will filter through the straw, gravel bags, or silt fence. Other methods, which reduce the sediment content to an equal or greater degree, may be used as approved by the ENGINEER. F. Drainage leaving the site shall flow to natural water drainage courses in a manner that controls and prevents erosion of the drainage channels. ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Erosion, Sedimentation and Dust Control June 4, 2008 02270-4 DIVISION 3 - CONCRETE SECTION 03100 CONCRETE FORMWORK PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. The CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install concrete formwork. The WORK also includes: a. Providing openings in formwork to accommodate the WORK under this and other Sections and building into the formwork all items such as sleeves, anchor bolts, inserts and all other items to be embedded in the concrete for which placement is not specifically provided under other Sections. B. Coordination: Review installation procedures under other Sections and coordinate the installation of items that must be installed with the formwork. C. Related Sections: 1. Section 01600, Material and Equipment. 2. Section 03200, Concrete Reinforcement. 3. Section 03251, Concrete Joints. 4. Section 03300, Cast-In-Place Concrete. 1.2 QUALITY ASSURANCE A. Substratum Conditions: 1. The CONTRACTOR shall examine and the conditions under which the concrete framework is to be performed, and notify the ENGINEER in writing of any unsatisfactory conditions. Do not proceed with the WORK until all unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. B. Reference Standards: Comply with applicable provisions and recommendations of the current editions of the following, except as otherwise shown or specified: 1. ACI 301, Specifications for Structural Concrete. 2. ACI 347, Recommended Practice for Concrete Formwork. 3. US Product Standard, PS-1. 4. California Building Code (CBC). 5. ACI 117, Specifications for Tolerances for Concrete Construction and Materials. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-1 C. Allowable Tolerances: 1. Variation from plumb: a. In lines and surfaces of columns, piers, walls, and in risers. (1) Maximum in any 10-feet of height: 1/4-inch. (2) Maximum for entire height: '/2-inch. b. For exposed corner columns, control-joint grooves, and other exposed to view lines: (1) Maximum in any 20-foot length: 1/4-inch. (2) Maximum for entire length: '/2-inch. 2. Variation from level or from grades specified: a. In slab soffits, beam soffits and in arises, measured before removal of supporting shores. (1) Maximum in any 10-feet of length: 1 /4-inch. (2) Maximum in any bay or in any 20-foot length: 3/8-inch. (3) Maximum for entire length: '/2-inch. 3. Variation in sizes and location of sleeves, and wall openings: Maximum of '/2-inch. 4. Variation in horizontal plan location of beam, column and wall center lines from required location: Maximum of '/2-inch. 5. Variation in cross sectional dimensions of columns and beams and in thickness of slabs and walls: Maximum of-1/4-inch, + 1/2-inch. a. Thickness: (1) Decrease in specified thickness: 5 percent. (2) Increase in specified thickness: No limit except that which may interfere with other construction. D. All items for permanent or temporary facilities shall be used in accordance with manufacturer's instructions. 1.3 SUBMITTALS A. Shop Drawings: Submit for information purposes copies of manufacturer's data and installation instructions for proprietary materials, including form coatings, manufactured form systems, ties and accessories. 1.4 PRODUCT DELIVERY. STORAGE AND HANDLING A. Material and product delivery, storage, and handling shall be done as per Section 01600, Material and Equipment, and these supplemental provisions. B. On delivery to job site, place materials in area protected from weather. C. Store materials above ground on framework or blocking. Cover wood for forms with protective waterproof covering. Provide for adequate air circulation or ventilation. D. Handle materials to prevent damage. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-2 PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct formwork for exposed concrete surfaces with plywood, metal, metal- framed plywood-faced or other panel type materials acceptable to the ENGINEER, to provide continuous, straight, smooth as-cast surfaces. Furnish in largest practical sizes to minimize number of joints and to conform to joint system shown or specified. Provide form material with sufficient thickness to withstand pressure of newly placed concrete without bow or deflection. B. Form Ties: 1. Provide factory-fabricated, removable or snap off metal form ties, designed to prevent form deflection, and to prevent spalling of concrete surfaces upon removal. Materials used for tying forms will be subject to approval of the ENGINEER. 2. Unless otherwise shown, provide ties so that portion remaining within concrete after removal of exterior parts is at least 1 inch from the outer concrete surface. Unless otherwise shown, provide form ties that will leave a hole no larger than 1-inch diameter in the concrete surface. D. Forms Coatings: Provide commercial formulation form-coating compounds that will not bond with, stain, nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be cured with water or curing compounds. PART 3 - EXECUTION 3.1 GENERAL A. Forms to confine the concrete and shape it to the required lines shall be used wherever necessary. The CONTRACTOR shall assume full responsibility for the adequate design of all forms, and any forms which are unsafe or inadequate in any respect shall promptly be removed from the WORK and replaced at the CONTRACTOR'S expense. A sufficient number of forms of each kind shall be provided to permit the required rate of progress to be maintained. The design and inspection of concrete forms, false work, and shoring shall comply with applicable local, state and Federal regulations. Plumb and string lines shall be installed before concrete placement and shall be maintained during placement. Such lines shall be used by the CONTRACTOR'S personnel and by the ENGINEER and shall be in sufficient number and properly installed. During concrete placement, the CONTRACTOR shall continually monitor plumb and string line form positions and immediately correct deficiencies. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-3 B. Concrete forms shall conform to the shape, lines, and dimensions of members as called for on the DRAWINGS, and shall be substantial, free from surface defects, and sufficiently tight to prevent leakage. Forms shall be properly braced or tied together to maintain their position and shape under a load of freshly-placed concrete. If adequate foundation for shores cannot be secured, trussed supports shall be provided. C. CONTRACTOR and his installer shall examine the substrate and the conditions under which WORK is to be performed and notify the ENGINEER of unsatisfactory conditions. Do not proceed with the WORK until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. 3.2 FORM CONSTRUCTION A. General: Construct forms complying with ACI 347; to the exact sizes, shapes, lines and dimensions shown; as required to obtain accurate alignment, location and grades; to tolerances specified; and to obtain level and plumb work in finish structures. Provide for openings, offsets, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required. Use selected materials to obtain required finishes. Finish shall be as determined by approved mock-up or sample panel, if specified by the ENGINEER. B. Fabricate forms for easy removal without damaging concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where the slope is too steep to place concrete with bottom forms only. C. False work: 1. Erect false work and support, brace and maintain it to safely support vertical, lateral and asymmetrical loads applied until such loads can be supported by in-place concrete structures. Construct false work so that adjustments can be made for take-up and settlement. 2. Provide wedges, jacks or camber strips to facilitate vertical adjustments. Carefully inspect false work and formwork during and after concrete placement operations to determine abnormal deflection or signs of failure; make necessary adjustments to produce finished work of required dimensions. D. Forms for Exposed To View Concrete: 1. Do not use metal cover plates for patching holes or defects in forms. 2. Provide sharp, clean corners at intersecting planes, without visible edges or offsets. Back joints with extra studs or girts to maintain true, square intersections. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-4 3. Use extra studs, walers and bracing to prevent bowing of forms between studs and to avoid bowed appearance in concrete. Do not use narrow strips of form material that will produce bow. 4. Assemble forms so they may be readily removed without damage to exposed concrete surfaces. 5. Form molding shapes, recesses, rustication joints and projections with smooth-finish materials, and install in forms with sealed joints to prevent displacement. E. Corner Treatment: 1. Form exposed corners of beams, walls, foundations, bases and columns to produce smooth, solid, unbroken lines, except as otherwise shown. Except as specified below for reentrant or internal corners, exposed comers shall be chamfered. 2. Form chamfers with 3/4-inch by 3/4-inch strips, unless otherwise shown, accurately formed and surfaced to produce uniformly straight lines and tight edge joints. G. Joints: The treatment of joints shall conform to the requirement of Section 03251, Concrete Joints. Locate as shown and specified. H. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is to be placed. Retighten forms immediately after concrete placement as required to eliminate mortar leaks. 3.3 FORM COATINGS A. Coat form contact surfaces with a non-staining form-coating compound before reinforcement is placed. Do not allow excess form coating material to accumulate in the forms or to come into contact with surfaces which will be bonded to fresh concrete. Apply in compliance with manufacturer's instructions. B. Coat steel forms with a non-staining, rust-preventative form oil or otherwise protect against rusting. Rust-stained steel formwork is not acceptable. 3.4 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the formwork, anchorage devices and other embedded items, shown, specified or required by other Sections and other contracts. Refer to paragraph 1.1.B of this section for the requirements of coordination. Use necessary setting drawings, diagrams, instructions and directions. B. Edge Forms and Screeds Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours in the finished slab surface. Provide and secure units to support screeds. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-5 3.5 FIELD QUALITY CONTROL A. Before concrete placement, the CONTRACTOR shall check the formwork, including tolerances, lines, ties, tie cones, and form coatings. He shall make corrections and adjustments to ensure proper size and location of concrete members and stability of forming systems. B. During concrete placement the CONTRACTOR shall check formwork and related supports to ensure that forms are not displaced and that completed WORK shall be within specified tolerances. C. If the CONTRACTOR finds that forms are unsatisfactory in any way, either before or during placing of concrete, placement of concrete shall be postponed or stopped until the defects have been corrected, and reviewed by the ENGINEER. 3.6 REMOVAL OF FORMS A. Conform to the requirements of ACI 301 and ACI 347, except as specified below. B. Removal of Forms and Supports: 1. Careful procedures for the removal of forms shall be strictly followed, and this work shall be done with care so as to avoid injury to the concrete. No heavy loading on "green" concrete will be permitted. Forms for all parts of the WORK not specifically mentioned herein shall remain in place for periods of time as determined by the ENGINEER. C. Do not remove supporting forms or shoring until the members have acquired sufficient strength to safely support their weight and the load upon them. Results of suitable control tests may be used as evidence that the concrete has attained sufficient strength. D. The time for removal of all forms will be subject to the ENGINEER'S approval. 3.7 NOT USED 3.8 RE-USE OF FORMS A. Clean and repair surfaces of forms to be re-used in the WORK. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact surfaces as specified for new formwork. B. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close all joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces. Form surfaces shall be subject to the ENGINEER'S approval. ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Formwork June 4, 2008 03100-6 SECTION 03200 CONCRETE REINFORCEMENT PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install concrete reinforcement. 2. The extent of concrete reinforcement is shown on the CONTRACT DRAWINGS. 3. The WORK includes fabrication and placement of reinforcement including bars, ties and supports. B. Related Sections Specified Elsewhere: 1. Section 01600, Materials and Equipment. 2. Section 03100, Concrete Formwork. 3. Section 03 3 00, Cast-In-Place Concrete. 1.2 QUALITY ASSURANCE A. Reference Standards: Comply with applicable provisions and recommendations of the current editions of the following, except as otherwise shown or specified: 1. The Building Code, as referenced herein, shall be the California Building Code, (CBC). 2. CRSI MSP-1, Concrete Reinforcing Steel Institute Manual of Standard Practice. 1.3 REFERENCE SPECIFICATIONS. CODES. AND STANDARDS A. Without limiting the generality of other requirements of these SPECIFICATIONS, all WORK specified herein shall conform to or exceed the requirements of the Building Code and the applicable requirements of the current editions of the following documents to the extent that the provisions of such documents are not in conflict with the requirements of this Section. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-1 1. Codes and Standards ^^ The Building Code, as referenced herein, shall be the California ; Building Code. *"**" Minimum SPECIFICATIONS for Welding of Reinforcing Steel. (See Appendix this section). 2. Commercial Standards ANSI/ACI 315- Details and Detailing of Concrete Reinforcement. ANSI/ACI 318- Building Code Requirements for Reinforced Concrete. ASTM A 615 Specification for Deformed and Plain Billet- Steel Bars for Concrete Reinforcement. ASTM A706 Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement 1.4 SUBMITTALS A. Shop Drawings: Submit for approval the following: "*^ 1. Manufacturer's Specifications and installation instructions for all materials ^-^ and reinforcement accessories. 2. Drawings for fabrication, bending, and placement of concrete reinforcement. Comply with ACI 315, Parts A and B unless otherwise indicated. Show top and bottom reinforcing on separate plan views. Show bar schedules, stirrup spacing, diagrams of bent bars, arrangements and assemblies, as required for the fabrication and placement of concrete reinforcement unless otherwise noted. Splices shall be kept to a minimum. Splices in regions of maximum tension stresses shall be avoided. a. Drawings detailing the location of all construction and expansion joints shall be submitted and approved before Shop Drawings for reinforcing steel are submitted. B. Certificates: 1. Submit 1 copy of steel producer's certificates of mill analysis, tensile and bend tests for reinforcing steel per batch. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-2 1.5 DELIVERY. HANDLING AND STORAGE A. Delivery, handling and storage of reinforcing materials shall be as per Section 01600, Material and Equipment, and the following supplemental provisions. B. Deliver concrete reinforcement materials to the site bundled, tagged and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on placement diagrams. C. Store concrete reinforcement material at the site to prevent damage and accumulation of dirt or excessive rust. Store on heavy wood blocking so that no part of it will come in contact with the ground. PART 2 - PRODUCTS 2.1 MATERIALS A. Reinforcing Bars: Provide ASTM A615 Grade 60 for all bars except for welded bars which shall conform to ASTM A706. B. Supports for Reinforcement: Bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcement in place. 1. Use wire bar type supports complying with CRSI recommendations, except as specified below. Do not use wood, brick, or other unacceptable materials. 2. For slabs on grade, use precast concrete blocks. 3. For all concrete surfaces, where legs of supports are in contact with forms, provide supports complying with CRSI "Manual of Standard Practice", with either hot-dip galvanized, plastic protected or stainless steel legs. 2.2 FABRICATION A. General: Fabricate reinforcing bars to conform to required shapes and dimensions, with fabrication tolerances complying with CRSI, Manual of Standard Practice. In case of fabricating errors, do not re-bend or straighten reinforcement in a manner that will injure or weaken the material. B. Unacceptable Materials: Reinforcement with any of the following defects will not be permitted in the WORK: 1. Bar lengths, bends, and other dimensions exceeding specified fabrication tolerances. 2. Bends or kinks not shown on approved Shop Drawings. 3. Bars with reduced cross-section due to excessive rusting or other cause. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-3 PART 3 - EXECUTION 3.1 INSPECTION A. The CONTRACTOR and his installer shall examine the substrate and the conditions under which concrete reinforcement is to be placed, and notify the ENGINEER in writing of unsatisfactory conditions. Do not proceed with the WORK until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. 3.2 INSTALLATION A. Placing: Reinforcing steel shall be accurately positioned as shown on the DRAWINGS, and shall be supported and wired together to prevent displacement, using annealed iron wire ties or suitable clips at intersections. All reinforcing steel shall be supported by concrete or metal supports, spacers or metal hangers. Where concrete is to be placed on the ground, supporting concrete blocks (or dobbies) shall be used, in sufficient numbers to support the continuous length of the steel. For concrete over formwork, the CONTRACTOR shall furnish concrete, metal, plastic, or other acceptable bar chairs and spacers. B. Where the concrete surface will be exposed to the weather in the finished structure or where rust would impair finishes, the portions of all accessories in contact with the formwork shall be galvanized or shall be made of plastic. C. Tie wires shall be bent away from the forms in order to provide the specified concrete coverage. Bars additional to those shown on the DRAWINGS which may be found necessary or desirable by the CONTRACTOR for the purpose of securing reinforcement in position shall be provided by the CONTRACTOR at its own expense. D. Placing Tolerances: Unless otherwise specified, reinforcement placing tolerances shall be within the limits specified in Section 7.5 of ACI 318. E. Bars may be moved as necessary to avoid interference with other reinforcing steel, conduits, or embedded items. If bars are moved more than one bar diameter, or enough to exceed the above tolerances, the resulting arrangement of bars shall be acceptable to the ENGINEER. F. Bar Tying: Bars shall be tied sufficiently often to prevent shifting. There shall be at least three ties in each bar length (this shall not apply to dowel laps or to bars shorter than 4 feet, unless necessary for rigidity). Slab bars shall be tied at every intersection around the periphery of the slab. Slab bar intersections shall be tied at not less than every fourth intersection, but at not greater than the following maximum spacing: Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-4 Slab Bars (inches) Bars No. 5 and smaller 60 Bars No. 6 through No. 9 96 Bars No. 10 through No. 11 120 G. Where concrete surfaces shall be core-drilled to install sockets for handrail, reinforcing steel shall be placed to coordinate with handrail socket locations. 3.3 SPACING OF BARS A. The clear distance between parallel bars (except in columns and between multiple layers of bars in beams) shall be not less than the nominal diameter of the bars nor less than 1-1/3 times the maximum size of the coarse aggregate, nor less than one inch. B. Where reinforcement in beams or girders is placed in 2 or more layers, the clear distance between layers shall be not less than one inch. C. In spirally-reinforced and in tied columns, the clear distance between longitudinal bars shall be not less than 1-1/2 times the bar diameter, nor less than 1-1/2 times the maximum size of the coarse aggregate, nor less than 1-1/2 inches. 3.4 SPLICING A. General: Reinforcing bar splices shall only be used at locations shown on the DRAWINGS. When it is necessary to splice reinforcement at points other than where shown, the character of the splice shall be acceptable to the ENGINEER. Welded splices shall conform to the requirements of Part 4 of this Section. B. Splices of Reinforcement: The length of lap for reinforcing bars, unless otherwise shown on the DRAWINGS shall be in accordance with ACI 318. C. When shown on the DRAWINGS, welded splices and mechanical connections shall develop at least 125 percent of the specified yield strength of the bar in tension. D. Bending or Straightening: Reinforcing shall not be straightened or rebent in a manner, which will injure the material. Bars with kinks or bends not shown on the DRAWINGS shall not be used. All bars shall be bent cold, unless otherwise permitted by the ENGINEER. No bars partially embedded in concrete shall be field-bent except as shown on the DRAWINGS or specifically permitted by the ENGINEER. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-5 3.5 CONCRETE COVER _ A. On all formed surfaces there shall be a nominal cover over the steel of two (2) inches minimum. B. Unless otherwise specified in these SPECIFICATIONS or shown on the DRAWINGS, all reinforcing steel facing subgrades in footings for concrete construction shall be given a nominal protective cover of three (3) inches. C. No "bury" or "carrier" bars will be allowed unless specifically approved by the ENGINEER. 3.6 CLEANING AND PROTECTION A. Reinforcing steel shall at all times be protected from moisture until concrete is placed around it. B. The surfaces of all reinforcing steel and other metalwork to be in contact with concrete shall be thoroughly cleaned of all dirt, grease, loose scale and rust, grout, mortar and other foreign substances immediately before the concrete is placed. Where there is delay in depositing concrete, reinforcing shall be reinspected and, if necessary recleaned. 3.7 INSPECTION OF REINFORCEMENT ^> ^^r' A. Concrete shall not be placed until the reinforcing steel is inspected and permission for placing concrete is granted by the ENGINEER. All concrete placed in violation of this provision will be rejected and removed by the CONTRACTOR at no additional cost to the AGENCY. 3.8 MECHANICAL COUPLERS A. Mechanical couplers shall be provided where shown and where approved by the ENGINEER. The couplers shall develop a tensile strength, which exceeds 125 percent of the yield strength of the reinforcement bars being spliced at each splice. B. Where the type of coupler used is composed of more than one component, all components required for a complete splice shall be supplied. This shall apply to all mechanical splices, including those splices intended for future connections. C. The reinforcement steel and coupler used shall be compatible for obtaining the required strength of the connection. Straight threaded type couplers shall require the use of the next larger size reinforcing bar or shall be used with reinforcing bars with specially forged ends which provide upset threads which do not decrease the basic cross section of the bar. j*± ^Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4,2008 03200-6 3.9 DOWELS A. Where dowels or placement of reinforcing steel into existing concrete is required, holes shall be drill into the existing concrete as shown on the drawings for size, depth and spacing. B. Materials and installation procedures shall conform to ICC evaluation service report ICC-ER-2322 (No substitutions .will be permitted). C. Drilled hole shall be filled with epoxy adhesive as per the manufacturer's direction. D. Installers shall be trained by the manufacturer's representative. PART 4 - APPENDIX TO SECTION 03200 These SPECIFICATIONS shall apply to the welding of reinforcing steel for splices, steel connection devices, inserts, anchors and anchorage details, as well as any other welding of reinforcing steel both in the fabricating shop and in the field. When welding reinforcing steel to primary structural members, the provisions of AWS Dl.l shall also be fully satisfied. Reinforcing steel may be subject to cracking due to embrittlement when welded, and special procedures are needed to minimize this problem. These are minimum SPECIFICATIONS and shall not supersede any more restrictive SPECIFICATIONS shown on the approved plans. 4.1 STANDARDS FOR WELDING A. The details, procedures, workmanship and technique of reinforcing steel welding shall be in accordance with the requirements of the Reinforcing Steel Welding Code, AWS D1.4 current edition as published by the American Welding Society. B. All welding shall be performed in accordance with the requirements of an approved procedure specification. 4.2 APPROVED PROCEDURES A. Each joint welding procedure for reinforcing bar splices, bar connections, and insert connections that are to be employed shall be established in a procedure specification and shall be qualified prior to use by tests as prescribed in AWS D1.4. B. Procedure qualification tests shall be witnessed by a registered special inspector in structural steel assembly and tested by an approved testing agency. The results of successful procedure qualification tests and the approved procedure SPECIFICATIONS shall be submitted to the ENGINEER. C. The approved procedure SPECIFICATIONS shall be made available at the site where welding is performed. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-7 4.3 WELDER QUALIFICATION A. All welders to be employed in welding reinforcing bars shall have been qualified by tests as prescribed in AWS D1.4, unless evidence of previous qualification is accepted by the ENGINEER and the Registered Special Inspector. B. Welder qualification tests shall be witnessed by a Registered Special Inspector in structural steel assembly. C. Upon request of the Registered Special Inspector or the ENGINEER, welders shall provide evidence of qualification for each process, position and type of weld to be performed. 4.4 SPECIAL INSPECTION (PERFORMED BY THE AGENCY) A. Special inspection for reinforcing steel welding shall be provided by a special inspector certified to inspect structural steel assembly. B. The special inspector shall provide continuous inspection for all reinforcing steel welding. C. Special inspection is required for reinforcing steel welding performed on the site (field) and off site (shop). 4.5 GENERAL A. Arc strikes on reinforcing steel outside the area of permanent welds shall be avoided. B. Tack welds shall be made using preheat and quality requirements applicable to permanent welds. Tack welds that do not become a part of permanent welds are prohibited. Under no circumstances should stressed bars be tack welded along their length. ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Reinforcement June 4, 2008 03200-8 SECTION 03251 CONCRETE JOINTS PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. The CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install concrete joints. 2. The types of concrete joints required include the following: a. Construction joints. b. Control Cracking Joints (transverse expansion or weakened plane joints). B. Related Sections: 1. Section 03100, Concrete Form Work. 2. Section 03300, Cast-In-Place Concrete. 3. Section 03600, Grout. 4. Section 03310, Bonding Agents for Concrete 1.2 QUALITY ASSURANCE A. Reference Standards: Comply with applicable provisions and recommendations of the most current edition of the following, except as otherwise shown or specified: 1. SSPWC Section 302-6.5 Joints B. All manufactured items shall be installed in accordance with manufacturer's instructions. 1.3 SUBMITTALS A. Shop Drawings: Submit for approval the following: 1. Manufacturer's specifications and installation instructions for all materials required. 2. Layout of all construction joint locations prior to the submittal of steel reinforcing DRAWINGS. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Concrete Joints June 4, 2008 03251-1 1.4 TYPES OF JOINTS A. Construction Joints: When fresh concrete is placed against a hardened concrete surface, the joint between the two placements is called a construction joint. The surface of the first placement may also be required to receive a coating of bond breaker as called for on the detail DRAWINGS. B. Weakened Plane Joints: The function of the weakened plane joint is to provide a weaker plane in the concrete, where shrinkage cracks will probably occur. A groove, of the shape and dimensions shown on the Drawing, is formed or saw-cut in the concrete. See SSPWC Section 302-6.54. PART 2 - PRODUCTS 2.1 EPOXY BONDING AGENT A. Where indicated, provide an epoxy-modified cement bonding agent, three solvent-free, epoxy product for bonding freshly-mixed plastic concrete to hardened concrete. See Section 03310, Bonding Agents for Concrete. B. Product and Manufacturer: Provide one of the following (No substitutions allowed): 1. Sika Armatec 110 E POCEM Corrosion Inhibiting Primer. PART 3 - EXECUTION 3.1 GENERAL A. Construction joints shall be installed as shown on the DRAWINGS. ** END OF SECTION ** Carlsbad - Maerkle Reservoir Bridge Replacement Concrete Joints May 27, 2008 03251-2 SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install cast-in- place concrete. 2. The WORK includes providing concrete consisting of Portland cement, fine and coarse aggregate, water, and approved admixtures; combined, mixed, transported, placed, finished and cured. The WORK also includes: a. Providing openings in concrete to accommodate the WORK under this and other Sections and building into the concrete all items such as sleeves, frames, anchor bolts, inserts and all other items to be embedded. b. The exposed slab finish for the concrete topping shall have a Non-Slip Broom finish as per sub-section 3.6.C of this section. c. All formed concrete surfaces shall have a Smooth Rubbed finish as per sub-section 3.5.C of this section. d. Unformed surfaces, visible from the top of the bridge, shall have a Non-Slip Broom finish as per sub-section 3.6.C of this section. B. Coordination: 1. Review installation procedures under other Sections and coordinate the installation of items that must be installed in the concrete. C. Related Sections: 1. Section 03100, Concrete Formwork. 2. Section 03200, Concrete Reinforcement. 3. Section 03251, Concrete Joints. 3. Section 03310, Bonding Agents for Concrete. 4. Section 03600, Grout. 1.2 QUALITY ASSURANCE A. Reference Standards: The CONTRACTOR shall comply with the applicable provisions and recommendations of the most current edition of the following, except as otherwise shown or specified. 1. ACI117, Standard Tolerances for Concrete Construction and Materials. 2. ACI 211.1, Recommended Practice for Selecting Proportions for Normal and Heavyweight Concrete. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-1 3. ACI 214, Recommended Practice for Evaluation of Compression Test Results of Field Concrete. 4. ACI 301, Specifications for Structural Concrete. 5. ACI 304, Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. 6. ACI 305, Recommended Practice for Hot Weather Concreting. 7. ACI 306, Recommended Practice for Cold Weather Concreting. 8. ACI 309, Recommended Practice for Consolidation of Concrete. 9. ACI 311, Recommended Practice for Concrete Inspection. 1 0. ACI 315, Details and Detailing of Concrete Reinforcement. 1 1 . ACI 3 1 8, Building Code Requirements for Reinforced Concrete. 12. ACI 347, Recommended Practice for Concrete Formwork. 13. ACI 350-01, Code Requirements for Environmental Engineering Concrete Structures. 1 4. AASHTO M 1 82, Burlap Cloth Made From Jute or Kenaf. 15. The California Building Code (CBC). B. Concrete Testing Service: 1. CONTRACTOR shall employ, at his own expense, a testing laboratory experienced in design and testing of concrete materials and mixes to perform material evaluation tests and to design concrete mixes. a. Testing agency shall meet the requirements of ASTM E 329. b. Selection of a testing laboratory is subject to the ENGINEER'S approval. c. Submit a written description of the proposed concrete testing laboratory giving qualifications of personnel, laboratory facilities and equipment, and other information which may be requested by the ENGINEER. 2. Materials and installed WORK may require testing and retesting, as directed by the ENGINEER, at any time during the progress of the WORK. Allow free access to material stockpiles and facilities at all times. Tests not specifically indicated to be done at AGENCY'S expense, including the retesting of rejected materials and installed WORK, shall be done at CONTRACTOR'S expense. C. Qualifications of Water-Reducing Admixture Manufacturer: 1. Water-reducing admixtures shall be manufactured under strict quality control in facilities operated under a quality assurance program. The CONTRACTOR shall furnish copy of manufacturer's quality assurance handbook to document the existence of the program. Manufacturer shall maintain a concrete testing laboratory which has been approved by the Cement and Concrete Reference Laboratory at the Bureau of Standards, Washington, D.C. 2. When requested by the ENGINEER, provide a qualified concrete technician employed by the admixture manufacturer to assist in proportioning the concrete for optimum use of the admixture. The concrete technician, when requested, shall advise on proper addition of the admixture to the concrete and on adjustment of the concrete mix proportions to meet changing jobsite conditions. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-2 D. Tests for Concrete Materials: 1. Submit written reports to the ENGINEER, for each material sampled and tested, prior to the start of WORK. Provide the Project identification name and number, date of report, name of CONTRACTOR, name of concrete testing service, source of concrete aggregates, material manufacturer and brand name for manufactured materials, values specified in the referenced specification for each material, and test results. Indicate whether or not material is acceptable for intended use. 1.3 SUBMITTALS A. Samples: Submit samples of materials as specified and as otherwise may be requested by the ENGINEER, including names, sources and descriptions. B. Shop Drawings: Submit for approval the following: 1. Manufacturer's specifications with application and installation instructions for proprietary materials and items, including admixtures and bonding agents. 2. List of concrete materials and concrete mix designs proposed for use. Include the results of all tests performed to qualify the materials and to establish the mix designs. 3. The following information, if ready-mixed concrete is used. a. Physical capacity of mixing plant. b. Trucking facilities available. c. Estimated average amount, which can be produced and delivered to the site during a normal 8-hour day, excluding the output to other customers. C. Laboratory Test Reports: Submit copies of laboratory test reports for concrete cylinders, materials and mix design tests. The ENGINEER'S review will be for general information only. Production of concrete to comply with specified requirements is the responsibility of the ENGINEER. D. Submit notarized certification of conformance to referenced standards when requested by the ENGINEER. E. Delivery Tickets: Furnish to the ENGINEER copies of all delivery tickets for each load of concrete delivered to the site. Provide items of information as specified in ASTM C 94. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4,2008 03300-3 1.4 PRODUCT DELIVERY. STORAGE AND HANDLING A. All materials used for concrete must be kept clean and free from all foreign matter during transportation and handling and kept separate until measured and placed in the mixer. Bins or platforms having hard clean surfaces shall be provided for storage. Suitable means shall be taken during hauling, piling and handling to insure that segregation of the coarse and fine aggregate particles does not occur and the grading is not affected. PART 2 - PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: 1. Portland cement, ASTM C 150, Type II 2. Use Portland cement made by a well-known acceptable manufacturer and produced by not more than one plant. A single brand of cement shall be used throughout the WORK. 3. Do not use cement which has deteriorated because of improper storage or handling. B. Aggregates: ASTM C 33 and as herein specified. 1. Do not use aggregates containing soluble salts or other substances such as iron sulfides, pyrite, or other materials that can cause stains on exposed concrete surfaces. 2. Fine Aggregate: Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. a. Dune sand, bank run sand and manufactured sand are not acceptable. 3. Coarse Aggregate: Clean, uncoated, processed aggregate containing no clay, mud, loam, or foreign matter, as follows: a. Crushed stone, processed from natural rock or stone. b. Washed gravel, either natural or crushed. Use of slag and pit or bank run gravel is not permitted. C. Water: Clean, free from injurious amounts of oils, acids, alkalis, organic materials or other substances that may be deleterious to concrete or steel. 2.2 CONCRETE ADMIXTURES A. Provide admixtures produced by established reputable manufacturers, and use in compliance with the manufacturer's printed instruction. Do not use admixtures, which have not been incorporated and tested in the accepted mixes, unless otherwise authorized in writing by the ENGINEER. B. Calcium Chloride: Do not use calcium chloride in concrete. Do not use admixtures containing calcium chloride. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-4 C. High-Range Water Reducing Admixture: 1. Product and Manufacturer: Provide the following (no substitutions): a. Sikament 1OESL, as manufactured by Sika Chemical Corporation. 2.3 PROPORTIONING AND DESIGN OF MIXES A. Proportioning: 1. Concrete shall be composed of cement, admixtures, aggregates, and water. These materials shall be of the qualities specified. The exact proportions in which these materials are to be used for different parts of the WORK shall be determined by the CONTRACTOR and submitted to the ENGINEER for review and approval prior to use in the WORK. In general, the mix shall be designed to produce a concrete capable of being deposited so as to obtain maximum density and minimum shrinkage and, where deposited in forms, to have maximum smoothness of surface. Mix designs with more than 42 percent of sand of the total weight of fine and coarse aggregate shall not be permitted. The proportions shall be changed whenever necessary or desirable to meet the required results at no additional cost to the AGENCY. All changes shall be reviewed and approved by the ENGINEER. 2. The minimum compressive strength and cement content of concrete shall be not less than that shown in the following tabulation. The ENGINEER may order the cement content for any class of concrete to be increased over the quantity specified in the tabulation if he or she determines that such increase is necessary to attain the required strength. Such increased quantities of cement, if so ordered, shall be furnished by the CONTRACTOR at no additional cost to the AGENCY. Concrete Minimum 28-day Compressive Strength (psi) 4,000 Maximum Size Aggregate (in.) 3/4 Minimum Cement per cu. yd. (Ibs) 658 Maximum W/C Ratio (by weight) 0.45 B. Use an independent testing facility acceptable to the ENGINEER for preparing and reporting proposed mix designs. 1. The testing facility shall not be the same as used for field quality control testing. C. Proportion mixes by the trial batch method, using materials to be employed on the Project for concrete required. Comply with ACI 211.1 and report to the ENGINEER the following data: 1. Complete identification of aggregate source of supply. 2. Tests of aggregates for compliance with specified requirements. 3. Scale weight of each aggregate. 4. Absorbed water in each aggregate. 5. Brand, type and composition of cement. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-5 6. Brand, type and amount of each admixture. ^^ 7. Amounts of water used in trial mixes. ^j 8. Proportions of each material per cubic yard. 9. Gross weight and yield per cubic yard of trial mixtures. 10. Measured slump. 11. Measured air content. 12. Compressive strength developed at 7 days and 28 days, from not less than 3 test cylinders cast for each 7-day and 28-day test, and for each design mix. D. Submit written reports to the ENGINEER of proposed mix of concrete at least 15 days prior to start of WORK. Do not begin concrete production until mixes have been approved by the ENGINEER. E. Laboratory Trial Batches: When laboratory trial batches are used to select concrete proportions, prepare test specimens and conduct strength tests as specified in ACI301. 1. The trial batch shall be prepared using the aggregates, cement and admixture proposed for the project. The trial batch shall be of a quantity such that the testing laboratory can obtain 3 drying shrinkage and 6 compression test specimens from each batch. 2. Three compression test cylinders shall be tested at 7 days and 3 at 28 days. The average compressive strength for the 3 cylinders prepared for any given trial batch shall be not less than 125 percent of the specified compressive strength. ^0% \J F. Shrinkage Tests: 1. Drying shrinkage tests will be made for the trial batch and during construction to ensure continued compliance with these SPECIFICATIONS. One set of 3 specimens shall be taken from the first placement of each class of concrete having a 28-day strength of 4,000 psi or higher, and an additional set of 3 specimens of each type shall be taken during construction, as required by the ENGINEER. 2. The maximum concrete shrinkage for specimens cast in the laboratory from the trial batch, as measured at 21-day drying age or at 28-day drying age shall be 0.036 percent or 0.042 percent, respectively. The CONTRACTOR shall only use a mix design for construction that has first met the trial batch shrinkage requirements. 3. If the required shrinkage limitation is not met during construction, the CONTRACTOR shall be required to take any or all of the following actions, at no additional cost to the AGENCY, for securing the specified shrinkage requirements. These actions may include changing the source of aggregates, cement and/or admixtures; reducing water content; washing of aggregate to reduce fines; increasing the number of construction joints; modifying the curing requirements; or other actions designed to minimize shrinkage or the effects of shrinkage and still maintain the specified compressive strength.o Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-6 G. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the CONTRACTOR when characteristics of materials, job conditions, weather, test results, or other circumstances warrant; at no additional cost to the AGENCY and as accepted by the ENGINEER. Laboratory test data for revised mix designs and strength results must be submitted to and accepted by the ENGINEER before using the revised mixes. H. Admixtures: 1. Use amounts of admixtures as recommended by the manufacturer for climatic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. I. Slump Limits: 1. Use of a high-range water reducer is acceptable, if appropriate. Slump limits are 7 inches maximum and 5 inches minimum when using the water reducing admixture. The product shall be manufactured by one of the following: a. SikamentFF 10 EL b. Sikament 86 by Sika Corporation. 2. If water reducing agents are not used, the allowed slump shall be 3 inches + / -1 inch. 2.4 EPOXY BONDING AGENT A. See sub-section 3.4.E of Section 03300 for cast-in-place concrete, bonding agents for concrete. 2.5 CONCRETE CURING MATERIALS A. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 10 ounces per square yard and complying with AASHTO Ml 82, Class 3. B. Moisture-Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. 3. White burlap-polyethylene sheet. C. Curing Compound: ASTM C 309 Type 1-D (water retention requirements): 1. Product and Manufacturer: Provide one of the following: a. Super Aqua Cure VOX, as manufactured by The Euclid Chemical Company. b. Sealtight 1100, as manufactured by W.R. Meadows, Incorporated. c. Mastercure, as manufactured by Master Builders. d. Hunt Process clear ARB as manufactured by Hunt Process Co. e. Select Cure CRB as manufactured by Select Products Co. f. Or equal. 2. The product shall meet volatile organic compound restrictions of C.A.R.B. 3. Provide fugitive dye. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-7 2.6 EMBEDDED ITEMS A. Items such as plates, angles, inserts, bolts and similar items not specified elsewhere shall be provided and installed under this Section. PART 3 - EXECUTION 3.1 INSPECTION A. CONTRACTOR and his/her installer shall examine the substrate and the conditions under which WORK is to be performed and notify the ENGINEER of unsatisfactory conditions. Do not proceed with the WORK until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. Provide 24 hours notice to the ENGINEER of intended concrete placements. 3.2 CONCRETE MIXING A. General: 1. Concrete may be produced at batch plants or it may be produced by the ready-mixed process. Batch plants shall comply with the recommendations of ACI 304, and shall have sufficient capacity to produce concrete of the qualities specified, in quantities required to meet the construction schedule. All plant facilities are subject to testing laboratory inspection and acceptance of the ENGINEER. 2. Mixing: a. Mix concrete with an approved rotating type batch machine, except where hand mixing of very small quantities may be permitted. b. Remove hardened accumulations of cement and concrete frequently from drum and blades to assure acceptable mixing action. c. Replace mixer blades when they have lost 10 percent of their original height. d. Use quantities such that a whole number of bags of cement is required, unless otherwise permitted. B. Ready-Mix Concrete: 1. Comply with the requirements of ASTM C 94, and as herein specified. Proposed changes in mixing procedures, other than herein specified, must be accepted by the ENGINEER before implementation. a. Plant equipment and facilities: Conform to National Ready- Mix Concrete Association "Plant and Delivery Equipment Specification". b. Mix concrete in revolving type truck mixers which are in good condition and which produce thoroughly mixed concrete of the specified consistency and strength. c. Do not exceed the proper capacity of the mixer. d. Mix concrete for a minimum of two minutes after arrival at the job site, or as recommended by the mixer manufacturer. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-8 e. Do not allow the drum to mix while in transit. f. Mix at proper speed until concrete is discharged. g. Maintain adequate facilities at the job site for continuous delivery of concrete at the required rates. h. Provide access to the mixing plant for the ENGINEER at all times. C. Maintain equipment in proper operating condition, with drums cleaned before charging each batch. Schedule rates of delivery in order to prevent delay of placing the concrete after mixing, or holding dry- mixed materials too long in the mixer before the addition of water and admixtures. 3.3 TRANSPORTING CONCRETE A. Transport and place concrete not more than 90 minutes after water has been added to the dry ingredients. B. Take care to avoid spilling and separation of the mixture during transportation. C. Do not place concrete in which the ingredients have been separated. D. Do not retemper partially set concrete. E. Use suitable and approved equipment for transporting concrete from mixer to forms. 3.4 CONCRETE PLACEMENT A. General: Place concrete continuously so that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as specified in Section 03251, "Concrete Joints," and Section 303-5.4 "Joints" in the SSPWC and approved in writing by the ENGINEER. Deposit concrete as nearly as practical in its final location to avoid segregation due to rehandling or flowing. Do not subject concrete to any procedure, which will cause segregation. 1. Screed concrete, which is to receive other construction to the proper level to avoid excessive skimming or grouting. 2. Do not use concrete which becomes non-plastic and unworkable, or does not meet the required quality control limits, or which has been contaminated by foreign materials. Do not use retempered concrete. Remove rejected concrete from the job site and dispose of it in an acceptable location. 3. Do not place concrete until all forms, bracing, reinforcement, and embedded items are in final and secure position. 4. Unless otherwise approved, place concrete only when the ENGINEER is present. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-9 5. Allow a minimum of 3 days before placing concrete against a slab or wall already in place. a. In order to minimize the effects of shrinkage, concrete shall be placed in units as bounded by construction joints shown on the CONTRACT DRAWINGS. The placing of units shall be done by placing alternate units in a manner such that each unit placed shall have cured for at least seven (7) calendar days before a contiguous unit or units are placed (unless otherwise indicated), except that the corner sections of vertical walls shall not be placed until all the adjacent wall panels have cured at least fourteen (14) calendar days. B. Concrete Conveying: 1. Handle concrete from the point of delivery and transfer to the concrete conveying equipment and to the locations of final deposit as rapidly as practical by methods, which will prevent segregation and loss of concrete mix materials. 2. Provide mechanical equipment for conveying concrete to ensure a continuous flow of concrete at the delivery end. Provide runways for wheeled concrete conveying equipment from the concrete delivery point to the locations of final deposit. Keep interior surfaces of conveying equipment, including chutes, free of hardened concrete, debris, water, snow, ice and other deleterious materials. 3. Do not use chutes for distributing concrete unless approved in writing by the ENGINEER. a. Provide sketches showing methods by which chutes will be employed when requesting such approval. b. Design chutes, if permitted, with proper slopes and supports to permit efficient handling of the concrete. 4. Pumping concrete is permitted, however do not use aluminum pipe for conveying. C. Placing Concrete into Forms: 1. Deposit concrete in forms in horizontal layers not deeper than 18 inches and in a manner to avoid inclined construction joints. Where placement consists of several layers, place concrete at such a rate that concrete which is being integrated with fresh concrete is still plastic. 2. Do not permit concrete to free-fall within the form from a distance exceeding 4 feet. Windows shall be placed in the forms at four 4 feet on center for the full height of the wall. 3. Remove temporary spreaders in forms when concrete placing has reached the elevation of such spreaders. 4. Consolidate concrete placed in forms by mechanical vibrating equipment supplemented by hand spading, rodding or tamping. Use equipment and procedures for consolidation of concrete in accordance with the applicable recommended practices of ACI 309. Vibration of forms and reinforcing will not be permitted, unless otherwise accepted by the ENGINEER. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-10 5. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Place vibrators to rapidly penetrate the layer of concrete and at least 6 inches into the preceding layer. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. 6. Do not place concrete in beam and slab forms until the concrete previously placed in columns and walls is no longer plastic. 7. Force concrete under pipes, sleeves, openings and inserts from one side until visible from the other side to prevent voids. D. Placing Concrete Slabs: 1. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. 2. Consolidate concrete during placing operations using mechanical vibrating equipment, so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 3. Consolidate concrete placed in beams and girders of supported slabs, and against bulkheads of slabs on ground, as specified for formed concrete structures. 4. Bring slab surfaces to the correct level. Smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. E. Bonding for Next Concrete Placement: Roughen surfaces of set concrete to minimum amplitude of 1A inch at all joints. See Sections 03251, "Concrete Joints" and Section 03310, "Bonding Agents for Concrete". Clean surfaces of laitance, coatings, loose particles, and foreign matter. Roughen surfaces in a manner to expose bonded aggregate uniformly and to not leave laitance, loose particles of aggregate or damaged concrete at the surface. F. Quality of Concrete Work: 1. Make all concrete solid, compact and smooth, and free of laitance, cracks and cold joints. 2. All concrete in contact with earth, water, or exposed directly to the elements shall be watertight. 3. Cut out and properly replace to the extent ordered by the ENGINEER, or repair to the satisfaction of the ENGINEER, surfaces which contain cracks or voids, are unduly rough, or are in any way defective. Thin patches or plastering will not be acceptable. 4. All leaks through concrete, and cracks, holes or other defective concrete in areas of potential leakage, shall be repaired and made watertight by the CONTRACTOR. 5. Repair, removal, and replacement of defective concrete as ordered by the ENGINEER shall be at no additional cost to the AGENCY. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-11 G. Cold Weather Placing: 1. Protect all concrete WORK from physical damage or reduced strength, which could be caused by frost, freezing actions, or low temperatures, in compliance with the requirements of ACI 306 and as herein specified. 2. When the air temperature has fallen to or may be expected to fall below 40° F, provide adequate means to maintain the temperature, in the area where concrete is being placed, at between 50° F and 70° F for at least seven days after placing. Provide temporary housings or coverings including tarpaulins or plastic film. Maintain the heat and protection, if necessary, to insure that the ambient temperature does not fall more than 30° F in the 24 hours following the seven-day period. Avoid rapid dry-out of concrete due to overheating, and avoid thermal shock due to sudden cooling or heating. 3. When air temperature has fallen to or is expected to fall below 40° F, uniformly heat all water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 55° F and not more than 85° F at point of placement. 4. Do not use frozen materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. Ascertain that forms, reinforcing steel, and adjacent concrete surfaces are entirely free of frost, snow and ice before placing concrete. 5. Do not use salt and other materials containing antifreeze agents or chemical accelerators, or set-control admixtures, unless approved by ENGINEER, in mix designs. H. Hot Weather Placing: 1. When hot weather conditions exist that would seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below 85° F when the temperature is rising and below 85° F when the temperature is falling. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated in the total amount of mixing water. 3. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. 4. Wet forms thoroughly before placing concrete. 5. Do not place concrete at a temperature so as to cause difficulty from loss of slump, flash set, or cold joints. 6. Do not use set-control admixtures unless approved by the ENGINEER in mix designs. 7. Obtain the ENGINEER'S approval of other methods and materials proposed for use. o Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-12 3.5 FINISH OF FORMED SURFACES A. Rough Form Finish: 1. Standard rough form finish shall be the concrete surface having the texture imparted by the form material used, with tie holes and defective areas repaired and patched with mortar of 1 part cement to 1 '/2 parts sand and all fins and other projections exceeding 1/4 inch in height rubbed down or chipped off. 2. Use rough form finish for the following (unless otherwise indicated): a. Exterior vertical surfaces up to 1 foot below grade. b. Interior and exterior exposed beams and undersides of slabs. c. Other areas shown. B. Smooth Form Finish: 1. Produce smooth form finish by selecting form materials which will impart a smooth, hard, uniform texture. Arrange panels in an orderly and symmetrical manner with a minimum of seams. Repair and patch defective areas as above with all fins or other projections completely removed and smoothed. 2. Use smooth form finish for surfaces that are to be covered with a coating material. The material may be applied directly to the concrete or may be a covering bonded to the concrete such as waterproofing, dampproofing, painting or other similar system. C. Smooth Rubbed Finish: 1. Provide smooth rubbed finish to concrete surfaces which have received smooth form finish as follows: a. Rubbing of concrete surfaces not later than the day after form removal. b. Moistening of concrete surfaces and rubbing with carborundum brick or other abrasive until a uniform color and texture is produced. Do not apply cement grout other than that created by the rubbing process. 2. Except where surfaces have been previously covered as specified above, use smooth rubbed finish for the following: a. Exterior exposed walls and other vertical surfaces down to 1 foot below grade. b. Exterior horizontal surfaces, except exterior exposed slabs and steps. c. Other areas shown. D. Related Unformed Surfaces: 1. At tops of walls, horizontal offsets, and similar unformed surfaces occurring adjacent to formed surfaces, strike off smooth and finish with a texture matching the adjacent formed surfaces. Continue the final surface treatment of formed surfaces uniformly across the adjacent unformed surfaces, unless otherwise shown. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-13 3.6 MONOLITHIC SLAB FINISHES A. Float Finish: 1. After placing concrete slabs, do not WORK the surface further until ready for floating. Begin floating when the surface water has disappeared or when the concrete has stiffened sufficiently. Check and level the surface plane to a tolerance not exceeding 1/4 inch in 10 feet when tested with a 10 foot straightedge placed on the surface at not less than 2 different angles. Cut down high spots and fill all low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat the surface to a uniform, smooth, granular texture. 2. Use float finish for the following: a. Interior exposed horizontal surfaces of liquid containers except those to receive grout topping. b. Exterior below grade horizontal surfaces. B. Trowel Finish: 1. After floating, begin the first trowel finish operation using hand or a power- driven trowel. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. 2. Consolidate the concrete surface by the final hand troweling operation. Finish shall be free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8 inch in 10 feet when tested with a 10-foot straight edge. Grind smooth surface defects, which would telegraph through applied floor covering system. 3. Use trowel finish for the following: a. Interior exposed slabs unless otherwise shown or specified. b. Slabs to receive resilient floor finishes. C. Non-Slip Broom Finish: 1. Immediately after float finishing, slightly roughen the concrete surface by brooming in the direction perpendicular to the main traffic route. Use fiber- bristle broom unless otherwise directed. Coordinate the required final finish with the ENGINEER before application. 2. Use Non-Slip Broom Finish for the following: a. Exterior exposed horizontal surfaces subject to light foot traffic. b. Exterior concrete steps and ramps. c. Horizontal surfaces which will receive a grout topping. d. Surface finish to the bridge topping. 3 Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-14 3.7 CONCRETE CURING AND PROTECTION A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for the period of time necessary for hydration of the cement and proper hardening of the concrete. 2. Start initial curing after placing and finishing concrete as soon as free moisture has disappeared from the concrete surface. Keep continuously moist for not less than 72 hours. 3. Begin final curing procedures immediately following initial curing and before the concrete has dried. Continue final curing for at least 7 days and in accordance with ACI 301 procedures. For concrete sections over 30 inches thick and formed walls, continue final curing for an additional 7 days, minimum. Avoid rapid drying at the end of the final curing period. B. Curing Methods: 1. Perform curing of concrete by moist curing. a. For curing, use water that is free of impurities which could etch or discolor exposed, natural concrete surfaces. 2. Provide moisture curing by any of the following methods: a. Keeping the surface of the concrete continuously wet by covering with water. b. Continuous water-fog spray. c. Covering the concrete surface with the specified absorptive cover, thoroughly saturating the cover with water, and keeping the absorptive cover continuously wet with sprinklers or porous hoses. Place absorptive cover so as to provide coverage of the concrete surfaces and edges, with a 4-inch lap over adjacent absorptive covers. C. Curing Formed Surfaces: 1. Cure formed concrete surfaces, including the undersides of girders, beams, supported slabs and other similar surfaces by moist curing with the forms in place for the full curing period or until forms are removed. When forms are removed, continue curing by methods specified above, as applicable. D. Curing Unformed Surfaces: 1. Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by using the appropriate method specified above. 2. Final cure unformed surfaces, unless otherwise specified, by utilizing methods specified above, as applicable. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-15 E. Temperature of Concrete During Curing: 1. When the atmospheric temperature is 40° F and below, maintain the concrete temperature between 50° F and 70° F continuously throughout the curing period. When necessary, make arrangement before concrete placing for heating, covering, insulation or housing as required to maintain the specified temperature and moisture conditions continuously for the concrete curing period. Provide cold weather protection complying with the requirements of ACI306. 2. When the atmospheric temperature is 80° F and above, or during other climatic conditions which will cause too rapid drying of the concrete, make arrangements before the start of concrete placing for the installation of wind breaks or shading, and for fog spraying, wet sprinkling, or moisture- retaining covering. Protect the concrete continuously for the concrete curing period. Provide hot weather protection complying with the requirements of ACI 305, unless otherwise specified. 3. Maintain concrete temperature as uniformly as possible, and protect from rapid atmospheric temperature changes. Avoid temperature changes in concrete which exceed 5° F in any one hour and 50° F in any 24 hour period. F. Protection from Mechanical Injury: 1. During the curing period, protect concrete from damaging mechanical disturbances including load stresses, heavy shock, excessive vibration, and from damage caused by rain or flowing water. Protect all finished concrete surfaces from damage by subsequent construction operations. 3.8 FIELD QUALITY CONTROL A. Field quality control testing shall be performed by the AGENCY. The ENGINEER will make slump tests and will direct the number of tests and cylinders required. The AGENCY will make standard compression test cylinders and entrained air tests as specified below. The CONTRACTOR shall furnish all necessary assistance required by the ENGINEER. The CONTRACTOR shall be charged for the cost of any additional tejsts and investigation on WORK performed which does not meet the SPECIFIC]ATIONS. 3.9 MISCELLANEOUS CONCRETE ITEMS A. Curbs: 1. Exterior curbs shall have rubbed finish for vertical surfaces and a broomed finish for top surfaces. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-16 3.10 CONCRETE REPAIRS A. Repair of Formed surfaces: 1. Repair exposed-to-view formed concrete surfaces, that contain defects, which adversely affect the appearance of the finish. Surface defects that require repair include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, and holes left by the rods and bolts; fins and other projections on the surface; and stains and other discolorations that cannot be removed by cleaning. 2. Repair concealed formed concrete surfaces that may contain defects that adversely affect the durability of the concrete. Surface defects that require repair include cracks in excess of 0.01-inch wide, cracks of any width and other surface deficiencies which penetrate to the reinforcement or completely through non-reinforced sections, honeycomb, rock pockets, holes left by tie rods and bolts, and spalls except minor breakage at corner. 3. Repair structural cracks and cracks in water-holding structures. B. Method of Repair of Formed Surfaces: 1. Repair and patch defective areas with cement mortar immediately after removal of forms and as directed by the ENGINEER. 2. Cut out honeycomb, rock pockets, voids over V^-inch diameter, and holes left by tie rods and bolts, down to solid concrete but, in no case, to a depth of less than 1 inch. Make edges of cuts perpendicular to the concrete surface. Before placing the cement mortar, thoroughly clean, dampen with water, and brush-coat the area to be patched with the specified bonding agent. a. For exposed-to-view surfaces, blend white Portland cement and standard Portland cement so that, when dry, the patching mortar color will match the color of the surrounding concrete. CONTRACTOR shall impart texture to repaired surfaces to match texture of existing adjacent surfaces. Provide test areas at inconspicuous locations to verify mixture, texture and color match before proceeding with the patching. Compact mortar in place and strike off slightly higher than the surrounding surface. C. Repair of Unformed Surfaces: 1. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to the tolerances specified for each surface and finish. Correct low and high areas as herein specified. 2. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having the required slope. Correct high and low areas as herein specified. 3. Repair finish of unformed surfaces that contain defects which adversely affect the durability of the concrete. Surface defects, as such, include crazing, cracks in excess of 0.01-inch wide or which penetrate to the reinforcement or completely through non-reinforced sections regardless of width, spalling, popouts, honeycomb, rock pockets, and other objectionable conditions. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-17 D. Methods of Repair of Unformed Surfaces: r-g, 1. Correct high areas in unformed surfaces by grinding, after the concrete has J cured sufficiently so that repairs can be made without damage to adjacent areas. 2. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out the low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Use one of the following. Apply in accordance with the manufacturer's directions and recommendations. a. Sikatop, as manufactured by Sika Chemical Company. b. Or equal. E. Other Methods of Repair: 1. Repair methods not specified above may be used if approved in writing by the ENGINEER. ** END OF SECTION** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Cast-in-Place Concrete June 4, 2008 03300-18 SECTION 03310 BONDING AGENTS FOR CONCRETE PART 1 - GENERAL 1.01 SUMMARY A. This SPECIFICATION describes the use of a bonding bridge between new Portland-Cement mortar or concrete and hardened Portland-Cement mortar or concrete. 1.02 QUALITY ASSURANCE A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. CONTRACTOR qualifications: CONTRACTOR shall be qualified in the field of concrete repair and protection with a successful track record of 5 years or more. CONTRACTOR shall maintain qualified personnel who have received product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer, or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets (MSDS) for complete handling recommendations. 1.03 DELIVERY. STORAGE. AND HANDLING A. All materials shall be delivered, stored, and handled as per Section 01600, Materials and Equipment, and the following supplemental provisions. B. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. C. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. D. Condition the specified product as recommended by the manufacturer. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4, 2008 03310-1 1.04 JOB CONDITIONS A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 40°F (5°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the WORK zone due to mixing and handling of the specified coating. 1.05SUBMITTALS A. Submit two copies of manufacturer's literature, to the ENGINEER and shall include: Product Data Sheets, and appropriate MSDS. 1.06 WARRANTY A. Provide a written warranty from the manufacturer against defects of materials for a period of five (5) years, beginning with date of substantial completion of the project. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Sika Armatec 110 EpoCem, as manufactured by Sika Corporation, is considered to conform to the requirements of this SPECIFICATION. No substitution will be allowed. 2.02 MATERIALS A. Epoxy resin/Portland Cement adhesive shall be Sika Armatec 110 EpoCem 1. Component "A" shall be an epoxy resin/water emulsion containing suitable viscosity control agents. It shall not contain butyl glycidyl ether. 2. Component "B" shall be primarily a water solution of a polyamine. 3. Component "C" shall be a blend of selected Portland Cements and sands. 4. The material shall not contain asbestos. 2.03 PERFORMANCE CRITERIA A. Properties of the mixed epoxy resin/Portland Cement adhesive. 1. Pot Life: 90 minutes @ 73° F 2. Contact Time: 95°F (35°C) 6 hours 68°F (20°C) 12 hours 50°F (10°C) 16 hours 40°F (5°C) 24 hours 3. Color: dark gray B. Properties of the cured epoxy resin/Portland Cement adhesive. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4, 2008 03310-2 1. Compressive Strength (ASTMC-109) a. 3day:4500psi(31.0MPa) b. 7 day: 6500 psi (44.8 MPa) c. 28 day: 8500 psi (58.6 MPa) 2. Splitting Tensile Strength (ASTM C-496) a. 28 days: 600 psi (4.1 MPa) 3. Flexural Strength (ASTM C-348) a. 1250 psi (8.6 MPa) 4. Bond Strength ASTM C-882 at 14 days a. Wet on Wet, 0-hr, open time: 2800 psi (19.3 MPa) b. 24-hr, open time: 2600 psi (17.9 MPa) 5. Bond of Steel Reinforcement to Concrete (Pullout Test) a. Sika Armatec 110 coated 625-psi (4.3 MPa) b. Epoxy coated 508 psi (3.5 MPa) c. Plain Reinforcement 573 psi (3.95 MPa) 6. The epoxy resin/Portland Cement adhesive shall not produce a vapor barrier. 7. Material must be proven to prevent corrosion of reinforcing steel when tested under the procedures as set forth by the Federal Highway Administration Program Report No. FHWA/RD86/193. Proof shall be in the form of an independent testing laboratory corrosion report showing prevention of corrosion of the reinforcing steel. Note: Tests above were performed with material and curing conditions at 73°F and 45-55% relative humidity. PART 3 - EXECUTION 3.01 MIXING AND APPLICATION A. Mixing the epoxy resin: Shake contents of Components "A" and Component "B". Completely empty both components into a clean, dry mixing pail. Mix thoroughly for 30 seconds using a jiffy paddle with a low-speed (400-600 rpm) drill. Slowly add the entire contents of Component "C" while continuing to mix for 3 minutes until uniform with no lumps. Mix only that quantity that can be applied within its pot life. B. Placement procedure: 1. Apply to prepared surface with a stiff-bristle brush, broom or "hopper type" spray equipment. a. For hand-applied mortars - Place fresh, plastic concrete/mortar while the bonding bridge adhesive is "wet" or within open times indicated in section 2.03 .A.2. b. For machine-applied mortars - Apply while the bonding bridge adhesive is "wet" or within the open times indicated in section 2.03 .A.2. C. Adhere to all limitations and cautions for the epoxy resin/Portland Cement adhesive in the manufacturer's current printed literature. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4,2008 03310-3 3.02 CLEANING A. The uncured epoxy resin/Portland Cement adhesive can be cleaned from tools with water. The cured epoxy resin/Portland Cement adhesive can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4, 2008 03310-4 SC-200 Sika .Armatec 110 EpoCem Bonding Bridge 1. Pre-wet surface to saturated surface dry (SSD). 2. Apply by stiff bristle brush or spray apply with "hopper type" or equal equipment. 3. Place repair material while Sika Armatec 110 EpoCem is still wet or within indicated open times. Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4, 2008 03310-5 * * * END OF SECTION * * * 3 Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Bonding Agent for Concrete June 4, 2008 03310-6 SECTION 03462 PRECAST CONCRETE STRUCTURES PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment and incidentals required to manufacture, deliver, furnish, and install precast / pre-stressed, hollow core, concrete planks, as shown on the CONTRACT DRAWINGS. 2. All precast / pre-stressed concrete plank sections shall be manufactured in a plant especially designed for the purpose. All units shall conform to the design shown on the CONTRACT DRAWINGS, and all Work shall be done under strict plant controlled supervision. B. Related work specified elsewhere that shall apply to all equipment, materials, labor and services furnished under this Section shall include, but not be limited to, the following: 1. Section 01300, Submittal Requirements. 2. Section 01400, Quality Control. 3. Section 03200, Concrete Reinforcement. 4. Section 03251, Concrete Joints. 5. Section 03300, Cast-In-Place Concrete. 6. Section 03600, Grout. 7. Section 05503, Adhesive Anchors. C. Classes of Concrete: 1. Concrete used for the precast / pre-stressed planks shall have a 2 8-day compressive strength of 4,000 psi, minimum. 2. Pre-stressing strands shall comply with ASTM A416. D. Design: 1. Design calculations and drawings for the precast / pre-stressed planks shall be checked by a professional civil or structural engineer registered in the state of California. All calculations and drawings shall be stamped by the registered civil engineer. The design shall be done in accordance with AASHTO design loads for HS 20-44 truck loads, ACI318 (latest edition), and the 2007 edition of the California Building Code. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Precast Concrete Structures June 4, 2008 03462-1 1.2 QUALITY ASSURANCE A. Reference Standards: Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. 1. ACI 318, Building Code Requirements for Reinforced Concrete, which includes referenced ASTM Standards. 2. Comply with local building code requirements where more stringent than ACI 318. 3. ACI 211.3, Recommended Practice for Selecting Proportions for No-Slump Concrete. 4. ACI 517, Recommended Practice for Atmospheric Pressure Steam Curing of Concrete. 5. ASTM C33, Concrete Aggregates. 6. ASTM C330, Lightweight Aggregates for Structural Concrete. 7. PCI MNL 116, Manual for Quality Control for Plants and Production of Precast Prestressed Concrete Products. B. Fabricator Qualifications: Fabricated by a firm which can demonstrate a minimum of five years of continuous operation in the manufacture of precast / pre-stressed units. Submit a performance history demonstrating this experience as per Section 01300, Submittals. C. Source Quality Control: Make cylinder tests of concrete quality in accordance with ASTM C 192, for each mix design, for each day of production, or for each 25 cubic yards of concrete. 1.3 SUBMITTALS A. Calculations: CONTRACTOR shall submit signed and stamped engineering calculation for the design of the precast / pre-stressed concrete planks as per Section 01300, Submittals. B. Shop Drawings: Submit for approval the following in accordance with the procedures specified in Section 01300, Submittals: 1. Shop Drawings showing all dimensions, openings, jointing, inserts, pre- stressing, and method of handling. Include manufacturer's setting plans and anchorage details. Show all conditions at openings, including size, location, topping and grout details, fasteners, etc., locations and dimensions. 2. Copies of all concrete cylinder test reports. 3. Manufacturer's literature and installation instructions. 4. Certificates of material conformance with Specifications. 5. Performance history in accordance with Paragraph 1.2.B. C. Other submittals, if required. o Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Precast Concrete Structures June 4, 2008 03462-2 1.4 PRODUCT DELIVERY. STORAGE AND HANDLING A. CONTRACTOR or his SUB-CONTRACTOR shall transport and handle the precast / pre-stressed concrete planks units to the job site with proper care and equipment to protect units from dirt and damage. B. The CONTRACTOR or his SUB-CONTRACTOR shall offload and set, or store and then set, the precast / pre-stressed concrete plank units. If stored before setting, the planks shall be stored, as directed by the ENGINEER, off ground and on firm surfaces to avoid warping and cracking. Protect planks from damage and discoloration. Stack so that lifting devices are accessible and undamaged. Stacked members shall be separated by battens across full width of each bearing. C. The percast / prestressed concrete planks shall be stored on the project site as directed by the ENGINEER. PART 2 - PRODUCTS 2.1 MATERIALS A. Concrete: 1. All cement shall be Portland Cement conforming to ASTM C150, Type II. Cement content shall be sufficient to produce minimum strength of 4,000 PSI, 28-day. 2. All aggregates fine and coarse, other than lightweight aggregate shall conform to specifications outlined by ASTM C-33. Lightweight aggregates fine and coarse shall conform to the specifications outlined by ASTM C-330. Aggregates shall be free of deleterious substances causing reactivity with oxidized hydrogen sulfide. Both types of aggregate shall be graded in a manner so as to produce a homogenous concrete mix. All materials are to be accurately weighed at a central batching facility for mixing. 3. Chemical admixtures shall conform to ASTM C494. Calcium chloride shall not be used. 4. Water shall be free from foreign materials in amounts harmful to concrete. 5. Use of fly ash is not permitted. B. Steel Pre-Stressing Strands 1. All pre-stressing strands shall be of the sizes and spacings as determined by the fabricator to support the design loads. Minimum concrete cover over strands shall be in accordance with ACI Codes. All strands shall be sufficiently tied to withstand any displacement during the concrete placement operation. All pre- stressing strand shall comply with ASTM A416. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Precast Concrete Structures June 4, 2008 03462-3 C. Forms: ^^ 1. All forms used in placing concrete shall be of metal and sufficiently designed '^| and braced to maintain their alignment under pressure of the concrete during "**** placing. 2. If the precast / pre-stressed planks are manufactured by an extrusion method, the extrusion machine shall be capable of maintaining the cross-section of the planks to the tolerance as described in sub-section 3.3 of this specification. 2.2 DESIGN AND FABRICATION A. Design Loads 1. Design loads shall consist of dead load, live load, and impact loads. 2. Live loads shall consist of HS-20-44 truck loadings per AASHTO Standard Specifications. The live load shall be that loading which produces the maximum shears and bending moments in the structure. 3. Impact loads shall be based on a maximum vehicle speed of 20 mph. B. Furnish units which are free from voids and honeycomb, with straight true edges and surfaces. 1. Top surface of the precast / pre-stressed concrete planks shall have sufficient finish roughness to ensure proper adherence to the composite concrete topping slab. PART 3 - EXECUTION 3.1 INSPECTION *\A. Examine the areas and conditions under which the planks are to be installed. Notify ^p the ENGINEER, in writing, of the conditions detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. 3.2 INSTALLATION A. Lift, place, and secure the planks in accordance with manufacturer's printed instructions and approved Shop Drawings. B. Planks having any dimension smaller or greater than required, or that are outside the specified tolerance limits, will be rejected if the appearance or function of the structure is adversely affected. C. Planks constructed of concrete not meeting the specified strength shall be removed and replaced at no additional cost to the AGENCY. D. Planks shall be set on a clean, uniform, level bearing surface. E. The CONTRACTOR shall level planks accurately, align and level to the approved tolerance by methods, procedures, and equipment as recommended by the manufacturer. F. The CONTRACTOR shall align the deck plank and grout the key-ways using the grout specified in Section 03600, Grout.o Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Precast Concrete Structures June 4, 2008 03462-4 G. The AGENCY or the AGENCY'S REPRESENTATIVE shall have access to the manufacturer's plant at all times during and after fabrication to inspect all precast / pre-stressed concrete planks at the manufacturer's plant prior to delivery to the jobsite. During progress of the Work, not less than 6 test cylinders shall be made for each day's casting. Two cylinders shall be tested at time of prestress, two at age 28 days and two held in reserve. H. Do not cut steel pre-stressing strands without approval of manufacturer and as acceptable to the ENGINEER. I. Repair damaged exposed surfaces. Leave units in a condition acceptable to the ENGINEER and ready to receive subsequent work. J. The CONTRACTOR shall place the reinforcing steel and concrete topping as per the CONTRACT DRAWINGS. The surface finish of the drive surface shall be a Non- Slip Broom Finish as per Section 03300, Cast-in-Place concrete, sub-section 3.6 C. Concrete curing shall be done as per Section 03300, Cast -in-Place Concrete. 3.3 TOLERANCES A. Tolerances for the precast / pre-stressed planks shall be as follows: 1. Cross-sectional Dimensions i. Less than 24 inches +/- V*" ii. 24 to 36 inches +/- 3/8" iii. Over 36 inches +/- '/2" 2. Length i. Less than 25 ft. +/- !/2" 3. Deviation in squareness of ends i. Less than 12 inches: Horizontal 1/64 per inch; Vertical 1/32 per inch ii. Over 12 inches: 1. Horizontal: 1/16+1/64 per inch, Max. +/- !/2" 2. Vertical: 3/16+1/64 per inch, Max. +/- 3/4" 4. Deviation from straight line (sweep) 3/16 " per 10 feet x total length. 5. Deviation from mean chamber (as installed) +/-1/8" per 10 feet x total length. 6. Pre-stressing Force: i. Deviation in location from specified c.g.s. 1/8" or 3% of depth of member, whichever is greater, up to a maximum of 1 inch. ii. Individual tendon fore or elongation, +/- 5%. iii. Total pre-stress, force or elongation, +/- 5% iv. Longitudinal location of harping points, +/- 1 inch. ** END OF SECTION ** Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Precast Concrete Structures June 4, 2008 03462-5 SECTION 03600 GROUT PART 1 - GENERAL 1.1 DESCRIPTION A. Scope: 1. CONTRACTOR shall provide all labor, materials, equipment, and incidentals as shown, specified and required to furnish and install grout. 2. Grout shall be placed at the following locations: a. Base of guardrail supports b. Within the voids between the per-cast / pre-stressed concrete planks. c. Other locations as shown on the CONTRACT DRAWINGS. B. Related Sections Specified Elsewhere: 1. Section 03251, Concrete Joints. 2. Section 03300, Cast-In-Place Concrete. 3. Section 03462, Precast Concrete Structures. 1.2 SUBMITTALS A. Submit for approval the following: 1. Manufacturer's specifications and installation instructions for all proprietary materials. B. Reports and Certificates: 1. For proprietary materials, submit copies of reports on quality control tests. 2. For nonproprietary materials, submit certification that materials meet specification requirements. 1.4 PRODUCT DELIVERY. STORAGE AND HANDLING A. All materials shall be delivered, stored, and handled as per Section 01600, Materials and Equipment, and these supplemental provisions. B. Delivery of Materials: Grout materials from manufacturers shall be delivered in unopened containers and shall bear intact manufacturer's labels. C. Storage of Materials: Grout materials shall be stored in a dry shelter and shall be protected from moisture. 3 Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Grout June 4, 2008 03600-1 PART 2 - PRODUCTS 2.1 MATERIALS A. Non-Metallic Grout (f c = 3000 psi) 1. Pre-mixed non-staining, cementitious grout requiring only the addition of water at the job site. 2. Product and Manufacturer. Provide one of the following: a. Euco N-S by The Euclid Chemical Company. b. Masterflow 713 by Master Builders Company. c. Sika Grout 212 by Sika Chemical Company. d. Or equal, approved by the ENGINEER. PART 3 - EXECUTION 3.1 INSPECTION A. The CONTRACTOR and his installer shall examine the substrate and conditions under which grout is to be placed, and notify the ENGINEER in writing of unsatisfactory conditions. Do not proceed with the WORK until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. ** END OF SECTION ** Carlsbad - Maerkle Reservoir Bridge Replacement Grout May 27, 2008 03600-2 DIVISION 5 - METALS SECTION 05500 MISCELLANEOUS METALS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The CONTRACTOR shall provide miscellaneous metals and appurtenances, complete, in accordance with the CONTRACT DOCUMENTS. B. WORK Included in this Section. Principal items are: 1. Shop/erection drawings 2. Metal pipe hand railing. 3. Bolts for framing connections. 4. Welding electrodes. 5. Miscellaneous iron and steel items indicated, specified, or required for completion of the CONTRACT, unless included under other Sections. 6. Galvanizing and shop primer finishes, including field touch-up. 1.2 RELATED SECTIONS A. The WORK of the following Sections apply to the WORK of this Section. Other, not referenced below, shall also apply to the extent required for proper performance of this Work. 1. Section 01300, Submittals. 2. Section 03200, Concrete Reinforcement. 3. Section 03 3 00, Cast-in-Place Concrete. 4. Section 03600, Grout. 5. Section 05503, Adhesive Anchors and Bars. 6. Other miscellaneous items accessory required for installations indicated on the DRAWINGS. 1.3 REFERENCE SPECIFICATIONS. CODES AND STANDARDS A. The current edition of the California Building Code (CBC). Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Miscellaneous Metals June 4, 2008 05500-1 B. Except as otherwise indicated, the current editions of the following commercial standards apply to the Work of this Section: 1. Commercial Standards: AASHTO Standard Specification for Highway Bridges AISC Specification for Design, Fabrication and Erection of Structural Steel for Buildings with Commentary and Code of Standard Practice for Steel Buildings and Bridges AWS B2.1 Welding Procedures and Performance Qualifications AWS D1.1 Structural Welding Code - Steel AWSQC1 Standard for AWS Certification of Welding Inspectors NFPA 101 Life Safety Code 2. ASTM Standards in Building Codes: ASTM A3 6 Specification for Structural Steel ASTMA53 Specification for Pipe, Steel, Black and Hot- Dipped, Zinc-Coated Welded and Seamless ASTM A123 Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A153 Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTMA992 Standard Specification for Structural Steel Shapes ASTM A780 Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized coating Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Miscellaneous Metals June 4, 2008 05500-2 1.4 CONTRACTOR SUBMITTALS ^ A. Shop Drawings: Shop Drawings shall be submitted in accordance with Section ^*^ 01300, Submittals. B. Product List and Product Data Sheets: Protective Coating, a product list shall be submitted with product data sheets of intended shop coats. 1.5 QUALITY ASSURANCE A. Miscellaneous metals shall be fabricated and erected in accordance with the latest edition of the AISC "Specification for the Design, Fabrication and Erection of Steel for Buildings", and "Code of Standard Practice for Steel Buildings and Bridges", except whenever there is a discrepancy between the DRAWINGS and this Specification, the DRAWINGS shall govern. B. Continuous Inspections: All welding and bolting of framing assemblies shall be conducted under the continuous inspection of an International Code Council (ICC) certified "Special Inspector" selected by the AGENCY with costs borne by the AGENCY. Should such fabrication be performed in the shop of a licensed fabricator approved by the governing building official and certified by the ICC Evaluation Services, Inc.; only the field welding and bolting of structural framing assemblies will be required to be performed under continuous inspection of the ICC-certified "Special Inspector." The AGENCY shall be notified at least 24 hours in advance of needed inspections. Copies of inspection reports for shall ^^ be provided for the AGENCY, CONTRACTOR, and governing building official. ^ -**e? PART 2 - PRODUCTS 2.1 MATERIALS A. Steel: Steel shall conform to the following requirements: 1. Shapes, Plates, Bars: ASTM A 36 or ASTM A992. 2. Structural Steel Pipe Sections: ASTM A 53. 2.2 GALVANIZING A. Galvanizing for Iron and Steel: Galvanizing for iron and steel shall conform to ASTM A123, with the average weight of 2.0 ounces per square foot, and not less than 1.8 ounces per square foot. B. Ferrous Metal Hardware Items: Ferrous metal hardware items shall conform to ASTM A153, with average coating weight of 1.3 ounces per square foot. C. Touch-up paint for repair of damage to galvanized coating by handling, transportation, cutting, and field welding or bolting shall be a zinc rich paint for galvanizing conforming to ASTM A780. o Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Miscellaneous Metals June 4, 2008 05500-3 2.3 WELDING ELECTRODES A. Steel Electrodes: Welding electrodes shall be in conformance with AWS Dl.l, except E7024 rods or electrodes shall not be used. 2.4 MANUFACTURERS A. Products of the type or model (if any) indicated shall be manufactured by one of the following (or equal): 1. Field Repairs to Galvanizing a. Galvinox b. Galvo-Weld PART 3 - EXECUTION 3.1 FABRICATION AND INSTALLATION REQUIREMENTS A. Fabrication and Erection: Except as otherwise indicated, the fabrication and erection of structural framing shall conform to the requirements of the American Institute of Steel Construction "Manual of Steel Construction." 1. The WORK of this Section shall be coordinated with related trades. Particular attention is required for items to be embedded in concrete work. All punching and drilling, indicated or required, shall be provided for attachment of other WORK to that of this Section. 2. Compliance with Safety Requirements. Dimensions required for the fabrication and installation of handrails, etc. which are not shown on the' DRAWINGS, shall conform to the Division of Occupational Health and Safety, General Industrial Safety Orders, State of California. B. Protection: The CONTRACTOR shall provide and be responsible for protection and repair of adjacent surfaces and areas which may become damaged as a result of WORK in this Section. WORK performed hereunder shall be protected until completion and final acceptance of project by the AGENCY. The CONTRACTOR shall repair or replace all damaged or defective work to original specified condition at no additional cost to the AGENCY. 1. Where welding is done in proximity to finished surfaces, such surfaces shall be protected from damage due to weld sparks, spatter or tramp metal. C. Guard Rails and Railings: Guard rails and railing shall be fabricated complete with stanchions, toe plates, welded and bolted fittings, attachments and expansion/contraction provisions true to size configurations to meet or exceed the requirements of CAL/OSHA, and as shown on the DRAWINGS. The CONTRACTOR shall grind and polish welds flush and smooth. D. Embedded Steel Plates: Embedded steel plates shall have continuously welded joints. Exposed welds shall be ground flush. Hot-dip galvanizing shall be provided after fabrication. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Miscellaneous Metals June 4, 2008 05500-4 3.2 WELDING A. Welding Steel: Welding shall be performed in accordance with the "Structural Welding Code-Steel", AWS DLL Welders shall be qualified by tests in accordance with AWS B2.1. 3.3 GALVANIZING A. Galvanizing: All structural steel plates shapes, bars and fabricated assemblies required to be galvanized shall, after the steel has been thoroughly cleaned of rust and scale, be galvanized in accordance with the requirements of ASTM A 123. Any galvanized part that becomes warped during the galvanizing operation shall be straightened. Non-stainless steel bolts, anchor bolts, nuts and similar threaded fasteners, after being properly cleaned, shall be galvanized in accordance with the requirements of ASTM A 153. Field repairs to galvanizing shall be made using "Galvinox," "Galvo-Weld," or equal. 3.4 PAINTING ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Miscellaneous Metals June 4, 2008 05500-5 SECTION 05503 ADHESIVE ANCHORS AND BARS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. CONTRACTOR shall provide all labor, materials, equipment and incidentals as shown, specified and required to furnish and install adhesive anchors as shown and specified. B. This Section includes all anchors required for the WORK, but not specified under other Sections. C. The types of WORK using adhesive anchors or bays includes, but are not limited to the following: 1. Anchorage of guardrails 2. Anchorage of do welled in reinforcing bars 1.2 RELATED SECTIONS A. The Work of the following Sections apply to the Work of this Section. Other Sections, not referenced below, shall also apply to the extent required for proper performance of the WORK. 1. Section 05500, Miscellaneous Metal. 2. Section 013 00, Submittals. 1.3 REFERENCE SPECIFICATIONS. CODES AND STANDARDS A. The current edition of the California Building Code (CBC). B. Adhesive anchors shall be International Code Council (ICC) approved. 1.4 SUBMITTALS A. Shop Drawings: Submit for approval in accordance with the requirements of Section 01300, Submittals, the following: 1. Setting DRAWINGS and templates for location and installation of anchorage assemblies. 2. Copies of manufacturer's specifications, load tables, dimension diagrams and installation instructions for the devices. 3. Load and anchoring calculations signed and sealed by a California Registered Civil Engineer as specified in Paragraph 2.1. All required calculations and certifications by a California Registered Professional Engineer shall be at the CONTRACTOR'S expense and shall be included with the CONTRACTOR'S bid. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Adhesive Anchors and Bars June 4, 2008 05503-1 1.5 QUALITY ASSURANCE A. Manufacturers and suppliers of the materials specified herein shall be required to review and satisfy all relevant requirements of the CONTRACT DOCUMENTS. The CONTRACTOR, manufacturer, supplier, fabricator and/or subcontractors furnishing and/or installing materials, services and specialties associated with this Section shall fully coordinate their efforts to avoid potential claims that are based on failure to review relevant CONTRACT DOCUMENTS. PART 2 - PRODUCTS 2.1 MATERIALS A. Adhesive Anchors and Bars: Unless otherwise shown or specified, all drilled, concrete anchors and bars shall be adhesive anchors. No material substitutions will be considered. 1. Epoxy adhesive anchors are required for drilled anchors at anchoring framing connections, and for dowelled in reinforcing bars. Epoxy system shall be HILTI HIT RE 500-SD with adhesive per ICC ESR-2322. PART 3 - EXECUTION 3.1 INSPECTION A. The CONTRACTOR shall examine areas and conditions under which adhesive anchors or bars are to be installed, and notify the ENGINEER in writing of conditions detrimental to proper and timely completion of WORK. Do not proceed with WORK until unsatisfactory conditions have been corrected in a manner acceptable to the ENGINEER. 3.2 INSTALLATION A. Adhesive anchors and bars and adhesive material: CONTRACTOR shall comply with the manufacturer's installation instructions on the hole diameter and depth required to fully develop the tensile strength of the anchor or reinforcing bar. The CONTRACTOR shall properly clean out the hole utilizing a wire brush and compressed air to remove all loose material from the hole, prior to installing adhesive capsules or material. B. Adhesive anchor manufacturer's representative shall observe and demonstrate the proper installation procedures for the adhesive anchors and adhesive material at no additional expense to the AGENCY. Each installer shall be certified, in writing, by the manufacturer to be qualified to install the adhesive anchors. A copy of each installer's certification shall be given to the ENGINEER a minimum of 2 working days prior to the installation of any adhesive anchor or reinforcing bar. Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Adhesive Anchors and Bars June 4, 2008 05503-2 3.3 CLEANING A. After installation clean exposed anchors and/or bars. 3.4 FIELD QUALITY CONTROL A. The CONTRACTOR shall employ a testing laboratory to perform field quality testing of installed anchors. The ENGINEER is to determine the level of testing which is required for the expansion anchors. A minimum of 10 percent of the adhesive anchors are to be tested to 50 percent of the ultimate tensile capacity of the anchor. B. If failure of any of the adhesive anchors occurs, the CONTRACTOR will be required to pay for the costs involved in testing the remaining 90 percent. C. The CONTRACTOR shall correct improper workmanship, remove and replace, or correct as instructed by the ENGINEER, all anchors or bars found unacceptable or deficient, at no additional cost to the AGENCY. D. The CONTRACTOR shall pay for all corrections and subsequent tests required to confirm the integrity of the anchor. E. The independent testing and inspection agency shall complete a report on each area. The report should summarize the observations made by the inspector and be submitted to the ENGINEER. F. Provide access for the testing agency to places where WORK is being produced so that required inspection and testing can be accomplished. ** END OF SECTION ** Carlsbad-Maerkle Reservoir Bridge Replacement Contract No. 5006 Adhesive Anchors and Bars June 4, 2008 05503-3 DIVISION 7 - THERMAL AND MOISTURE PROTECTION SECTION 07900 JOINT SEALER Elastomeric and non-Elastomeric Sealant PART 1 - GENERAL 1.1 SUMMARY A. This specification describes the sealing of joints and cracks with a two- component, non-sag or self-leveling, elastomeric polyurethane sealant. 1.2 QUALITY ASSURANCE A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qualified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qualified personnel who have received product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.3 DELIVERY. STORAGE. AND HANDLING A. All materials shall be delivered, stored, and handled as per Section 01600, Materials and Equipment, and these supplemental provisions. B. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. C. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. D. Condition the specified product as recommended by the manufacturer. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Joint Sealer June 4, 2008 07900-5 1.4 JOB CONDITIONS A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 40°F (5°C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified coating. 1.5 SUBMITTALS A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS) 1.6 WARRANTY A. Provide a written warranty from the manufacturer against defects of materials for a period of five (5) years, beginning with date of substantial completion of the project. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Sikaflex-2c, as manufactured by Sika Corporation, 1682 Marion Williamsport Road, Marion, OH 43302 is considered to conform to the requirements of this specification. No substitutions allowed. 2.2 MATERIALS A. Polyurethane sealant: 1. The joint sealant shall be a two-component, non-sag or self-leveling, polyurethane-base material. It shall be applicable in horizontal, vertical, and overhead joints. The sealant shall be principally a chemical cure to form an elastomeric substance. The color shall be introduced through a "Color-pak" system or be pretinted from the manufacturer. 2. Sealant color: concrete gray. B. Any primers, as required, recommended by the manufacturer of the specified product, approved by the engineer. C. Backer rod or bond breaker tape as approved by engineer. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Joint Sealer June 4, 2008 07900-5 2.3 PERFORMANCE A. Properties of the mixed polyurethane sealant: 1. Pot Life: 3-4 hours 2. Initial Cure (Tack-Free Time): 6-8 hours 3. Consistency: non-sag/self-leveling 4. Color: more than 300 architectural colors available through color matching system B. Properties of the cured polyurethane sealant: 1. Tensile Properties (ASTM D-4 12) at 14 days Non-sag Self- Leveling a. Tensile Strength at break: minimum 120 psi 175 psi b. Tensile Elongation: minimum 500% 650% . c. Modulus of Elasticity- 100% Elongation 75 psi, min. 100 psi, min. 2. Shore A Hardness (ASTM D-2240) at 14 days: a. Non-sag: 35 +/-5 b. Self-leveling: 40 +/-5 3. Tear Strength (ASTM D-624) at 14 days: non-sag 45 Ibs./in, self- leveling 1 00 Ibs./in 4. Adhesion in Peel (TT-S-00227E, ASTM C-794) at 21 days a. Concrete: 25-lb. min. 0% Adhesion Loss b. Aluminum: 30-lb. min. 0% Adhesion Loss c. Glass: 30-lb. min. 0% Adhesion Loss 5. Service Range: -40° to 1 70°F (-40° to 77°C) 6. The sealant shall conform to Federal Specification TT-S-00227E, Type I and II, Class A. 7. The sealant shall conform to ASTM C-920, Type M, Grade P or NS, Class 25. 8. The sealant shall be capable of ±50% of the average joint width when tested in accordance to the durability bond test of Federal Specification TT-S-00227E and ASTM C-719. 9. The sealant shall be non-staining. 10. Final Cure: 3 days max. Note: Tests were performed with material and curing conditions at 71°-75°F and 45-55% relative humidity. 3 Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Joint Sealer June 4, 2008 07900-5 PART 3 - EXECUTION 3.1 SURFACE PREPARATION A. The joint and adjacent substrate must be clean, dry, sound and free of surface contaminants. Remove all traces of the old sealant, dust, laitance, grease, oils, curing compounds, form release agents and foreign particles by mechanical means as approved by the engineer. Blow joint free of dust using compressed air line equipped with an oil trap. 3.2 MIXING AND APPLICATION A. Mixing of the polyurethane sealant: Pour out entire contents of Component B into pail of Component A. Add entire contents of Color-pak into pail and mix with low-speed drill (400-600 rpm) and approved paddle. Mix for 3-5 minutes to achieve a uniform color and consistency. Avoid entrapment of air during mixing. B. Joints: 1. Placement Procedure: Prime all substrates as required based upon the recommendations of the manufacturer of the specified product, when field testing indicates need, and when the joints will be subject to immersion after cure, as approved by the Engineer. 2. Install approved backer rod or bond breaker tape in all joints subject to thermal movement to prevent three-sided bonding and to set the depth of the sealant at a maximum of 1/2 in., measured at the center point of the joint width. Approval of the backer rod or bond breaker tape shall be made by the Engineer. 3. Joints shall be masked to prevent discoloration or application on unwanted areas, as directed by the Engineer. If masking tape is used, it shall not be removed before tooling, yet must be removed before the initial cure of the sealant. Do not apply the masking tape until just prior to the sealant application. 4. Install sealant into prepared joints when the joint is at mid-point of its expansion and contraction cycle. a. Non-sag sealant: Load the sealant into a caulking gun. Place the nozzle of the gun, either hand or air or electric powered, into the bottom of the joint and fill entire joint. Keep the tip of the nozzle in the sealant, continue with a steady flow of sealant preceeding the nozzle to avoid air entrapment. Avoid overlapping the sealant to eliminate the entrapment of air. Tool, as required, to properly fill the joint. b. Self-leveling sealant: Pour or extrude the sealant into the prepared joint in one direction and allow it to flow and level as necessary. Avoid overlapping the sealant to eliminate the entrapment of air. Tool as required to properly fill the joint. 5. Adhere to all limitations and cautions for the polyurethane sealant in the manufacturer's printed literature. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Joint Sealer June 4, 2008 07900-5 C. Cracks: 1. Non-sag sealant: For best performance, sealant should be gunned into crack to a minimum of 1/4" in depth. Place the nozzle of the gun, either hand or air or electric powered, into the bottom of the crack and fill entire crack. Keep the tip of the nozzle in the sealant, continue with a steady flow of sealant preceeding the nozzle to avoid air entrapment. Avoid overlapping the sealant to eliminate the entrapment of air. Tool as required to properly fill the crack. 2. Self-leveling sealant: Pour or extrude the sealant into the prepared crack in one direction and allow it to flow and level as necessary. Avoid overlapping the sealant to eliminate the entrapment of air. Tool as required to properly fill the crack. 3. Adhere to all limitations and cautions for the polyurethane sealant as stated in the manufacturers printed literature. 3.3 CLEANING A. The uncured polyurethane sealant can be cleaned with an approved solvent. The cured polyurethane sealant can only be removed mechanically. B. Leave work area in a neat, clean condition without evidence of spillovers onto adjacent areas. Carlsbad - Maerkle Reservoir Bridge Replacement Contract No. 5006 Joint Sealer June 4, 2008 07900-5 SC-071 Sikaflex°-2c NS/SL Crack Filler Figure 1 - Sikaflex-2c NS (non-sag) 1. Gun Sikaflex-2c NS into prepared crack, minimum depth W. 2. Tool as required to properly fill crack. Figure 2 - Sikaflex-2c SL (self-leveling) 1. Pour Sikaflex-2c SL into prepared crack, allow to flow and level as necessary. Minimum depth 1A", l/2" in direct traffic areas. 2. Tool as required to properly fill crack. Fig. 2 Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-071 Sikaflex® 2c NS/SL Expansion Joint Filler Figure 1 - Sikaflex-2c NS (non-sag) 1. Install appropriate backer material to prevent three-sided adhesion and to control sealant depth. 2. Sikaflex-2c NS should be gunned into joint at mid-point of designed expansion and contraction. 3. Tool as required to properly fill joints. Note: Sikaflex-2c NS is designed for all types of joints where maximum sealant depth will not exceed l/2n. Sealant Fig. 1 Figure 2 - Sikaflex-2c SL (self-leveling) 1. Pour Sikaflex-2c SL into prepared joint, allow to flow and level as necessary. Minimum depth %" to maximum depth 1/2" for working joint. Depth can be greater in non-working joint. 2. Tool as required to properly fill joint. Fig. 2