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MNR CONSTRUCTION INC; 2011-11-30; PWI12-08UTIL
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Hemlock Avenue Sewer Replacement CONTRACT NO. 5503-3 PWI12-08UTIL Revised 06/10/09 Contract No. 5503-3 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 06/10/09 Contract No. 5503-3 Page 2 of 106 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 40 1-2 Definitions 40 1-3 Abbreviations 44 1-4 Units of Measure 47 1-5 Symbols 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 49 2-2 Assignment 49 2-3 Subcontracts 49 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 2-6 Workto be Done 55 2-7 Subsurface Data 55 2-8 Right-of-Way 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 59 2-11 Inspection 60 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 60 3-2 Changes Initiated by theAgency 61 3-3 Extra Work 62 3-4 Changed Conditions 64 3-5 Disputed Work 65 Section 4 Control of Materials 4-1 Materials and Workmanship 68 4-2 Materials Transportation, Handling and Storage 73 Section 5 Utilities 5-1 Location 73 5-2 Protection 74 5-3 Removal 74 5-4 Relocation 74 5-5 Delays 75 5-6 Cooperation 76 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 76 6-2 Prosecution of Work 76 6-3 Suspension of Work 77 6-4 Default by Contractor 77 6-5 Termination of Contract 78 6-6 Delays and Extensions of Time 78 6-7 Time of Completion 79 6-8 Completion, Acceptance, and Warranty 80 6-9 Liquidated Damages 80 6-10 Use of Improvement During Construction 81 0Revised 06/10/09 Contract No. 5503-3 Page 3 of 106 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 8.1 7-2 Labor 81 7-3 Liability Insurance 81 7-4 Workers' Compensation Insurance 82 7-5 Permits 82 7-6 The Contractor's Representative 83 7-7 Cooperation and Collateral Work 83 7-8 Project Site Maintenance 84 7-9 Protection and Restoration of Existing Improvements 86 7-10 Public Convenience and Safety 86 7-11 Patent Fees or Royalties 92 7-12 Advertising 93 7-13 Laws to be Observed 93 7-14 Antitrust Claims 93 Section 8 Facilities for Agency Personnel (Not Used) Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 93 9-2 Lump Sum Work 94 9-3 Payment 94 9-4 Bid Items 97 oRevised 06/10/09 Contract No. 5503-3 Page 4 of 106 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC Construction Materials Section 200 Rock Materials 200-1 200-2 Rock Products Untreated Base Materials 98 99 Section 203 Bituminous Materials 203-6 Asphalt Concrete 100 Section 213 Engineering Fabrics 213-2 Geotextiles 213-3 Erosion Control Specialties PART 3 Construction Methods Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 101 101 301-1 Subgrade Preparation 102 Section 306 Underground Conduit Construction 306-1 306-5 Open Trench Operations Abandonment of Conduits and Structures 102 106 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01100 Supplemental Info 01200 Measurement and Payment DIVISION 02 - SITE WORK 02223 Trenching Excavation Backfilling and Compaction DIVISION 03 - CONCRETE 03000 Cast in Place Concrete 03460 Precast Sewer Manholes DIVISION 15 - MECHANICAL 15043 Testing of Sewer Pipeline 15063 PVC Sewer Pipe APPENDIXES Appendix A Sample Door Hanger Appendix B Sample NCTD Row Agreement 0Revised 06/10/09 Contract No. 5503-3 Page 5 of 106 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON NOVEMBER 1, 2011, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove approximately 611 lineal feet of 6" diameter VCP sewer in Hemlock Avenue and replace with 8" diameter SDR 35 PVC pipeline. HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 PWI12-08UTIL 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 City of Carlsbad 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 City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. 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 Utilities 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. Revised 06/10/09 Contract No. 5503-3 Page 6 of 106 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. 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 $95,000 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: "A" General Engineering. 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 $No Charge per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 06/10/09 Contract No. 5503-3 Page 7 of 106 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 City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. 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. 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 City 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 City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Revised 06/10/09 Contract No. 5503-3 Page 8 of 106 Pages 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 City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest 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. October 11, 2011 Date Deputy City Revised 06/10/09 Contract No. 5503-3 Page 9 of 106 Pages CITY OF CARLSBAD HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 OPENED, WITNESSED AND RE' DATE The undersigned declares he/she has carefully exarhined 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. 5503-3 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: SCHEDULE "A" IMPROVEMENTS Total Amount (Figures) & $ 7! Item No. Description A-1 Mobilization at Approximate Quantity Unit Price And Unit (Figures) Not to $ ~fa**^ Exceed />j/fj*- /Ay/s//V-£/? $8,000 A-2 A-3 A-4 (Price in Words) Remove Existing 6" VCP Sewer Pipeline at 61 1 LF (Price in Words) Reconfigure Existing Manholes for New 8" PVC Sewer at 3 EA. (Unit Price in Words) Installation of 8" Dia. SDR 35 Sewer Pipeline at 61 1 LF (Price in Words) Revised 06/10/09 Contract No. 5503-3 Page 10 of 106 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-5 Install New 5-ft Diameter 1 EA. $ 7^*° $ 7*** Manhole (Unit Price in Words) Total amount of bid in words for Schedule "A": />W/ Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _ - _ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City 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 reguired Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number tf^llLtt _ , classification ft _ which expires on ? , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. A•K Revised 06/10/09 Contract No. 5503-3 Page 1 1 of 106 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 891298 Cu 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 Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding! Workers' Compensation: 891298 Extract Date: 11/1/2011 M N R CONSTRUCTION INC 1051 CALLE ORTEGA SANDIMAS, CA91773 Business Phone Number:(909) 592-2760 Corporation 02/21/2007 02/28/2013 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 252247C in the amount of $12,500 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date: 05/17/2011 Contractor's Bonding History, BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) VASILJ ROBERT JOHN 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: 02/21/2007 BQI's Bonding History This license has workers compensation insurance with the IRAVELERS. PROPERTY CASyALIY.CXIMPMY_0£A|V1ERJCA Policy Number:UB5681B456010 https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=89... 11/1/2011 Check a License - License Detail - Contractors State License Board Page 2 of 2 Effective Date: 03/23/2011 Expire Date: 03/23/2012 Workers' Compensation History Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=89... 11/1/2011 Accompanying this proposal is \ £/C)f\Q (Cash, Certified Check, Bond or 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. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Revised 06/10/09 Contract No. 5503-3 Page 12 of 106 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of \J&\ \ \of f\\ CX _ (4) Place of Business t5lO?) 'SleCcJk&T 'Z^rCV (Street and Number), — (Street and Num City and State *RmJl<j\jM' In j-b^L. C.H . (5) Zip Code ^llDb _ Telephone No.RCxQ 53 & - (6) NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 06/10/09 Contract No. 5503-3 Page 13 of 106 Pages 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: Revised 06/10/09 Contract No. 5503-3 Page 14 of 106 Pages BID SECURITY FORM (Check to Accompany Bid) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 06/10/09 Contract No. 5503-3 Page 15 of 106 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5603-3 KNOW ALL PERSONS BY THESE PRESENTS: That We, M NR Construction, I nc. , as Principal, and ..International Fidelity Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of 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: HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO, 5503-3 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council 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 City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Revised 06/10/09 Contract No. 5503-3 Page 16 of 106 Pages Executed by PRINCIPAL this _31st day of October ,20 11 PRINCIPAL: MNR Construction. Inc. (name of Principal) By: (sign here) (print name here) (print name here) Executed by SURETY this 31st of October ,, 2011 . .day SURETY: (Title and Organization of Signatory) By: (title and organization of signatory) International Fidelity Insurance Company (name of Surety) 233 Wilshire Blvd. Santa Monica, CA 90401 (address of Surety) 3103957887 (telephone rjumber of Surety) ^\ ftp ^T^-Bv: .—J-J\f^ ^^ (signature of Attomey-in-Fact) Frank Morones (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, ff only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 5503-3 Page 17 of 106 Pages Tel (973) 624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint FRANK MORONES Anaheim Hills, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity andother writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, andthe execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCECOMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board ofDirectors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingduly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuch power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in me future with respect to anybond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to besigned and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEYCounty of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me dulysworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed tosaid instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaid Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. \&&»$# •'•%=>••CERTIFICATION A NOTARY PUBLIC OF NEW JERSEYMy Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINAL^ ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 3 1 S t day of OC tober , 2011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 10/31/2011 before me, L. Clark, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Frank Morones _, who proved to me on the basis of satisfactory evidence to be the person(s) whose names (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/bef/their- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L. CLARK f Commission* 1825171 I Notary Public - California I Los Angeles County g My Comm. Expires Nov 28,2012 C WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER rilNDIVIDUAL DESCRIPTION OF ATTACHED DOCUMENT nCORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S)[~] LIMITED [~~1 GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On 10' 3/ - / / before me, Date personally appeared j-^ nere insert name a #.\*PKt- VAf.'JLj Name(s) of Signer(s) Here Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha| Place Notary Seal and/or Stamp Above Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to\persons relying on the document and could prevent fraudulent removal and reattachment of this forrri to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CJ Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D • Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPR1NT OF SIGNER Top of thumb here Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Top of thumb here ©2008 National Notary Association • 9350 De Soto Ave,, P.O. Box 2402 •Chatsworth. CA 91313-2402-www.NationalNotaiy.org Item S5907 Reorder: Call Toll-Free 1 -800-876-6827 Company Profile Page 1 of Z' Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 2999 OAK ROAD SUITE 820 WALNUT CREEK, CA 94597 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 11592 NAIC Group #: 4705 California Company ID #: 4341-4 Date authorized in California: February 09, 1996 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_utl.get_co_prof?p_EID=60... 11/22/2011 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 City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. A•4^ Revised 06/10/09 Contract No. 5503-3 Page 18 of 106 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/09 Contract No. 5503-3 Page 19 of 106 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 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 Tu ftsitv^/ S*>/./tJ svow cuT Subcontractor Name and Location of Business /fcccc/ //*/e.5^*AK-y I^t, / Ji J G/^f^ff A>ut/J/t G 5VO*/^/ey» c/i 72./V W/*'c^»r 2TA/C 61* IH T*-r*fLe. c'i ry txv0 7-c/u^ee>7y Oft ?/77<> Subcontractor's License No. and Classification* tt J7/7 jf.T02.yr3 Amount of Work by Subcontractor in Dollars* /.<***J /,*.ot>/ 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 06/10/09 Contract No. 5503-3 Page 20 of 106 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 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 - See- oV Name and Phone No. of Person to Contract -acjheA — Type Of Work Amount of Contract Revised 06/10/09 Contract No. 5503-3 Page 21 of 106 Pages Page 1 of 4 MNR CONSTRUCTION, INC. PROJECT PROFILE Project No 0704 0705 0801 0802 0803 0804 0805 0806 0807 Project Title 12" Water Main on the 2700, 2800, 2900 block of Foothill Blvd. First Street Water Main & First Street Sewer Main Subdrain Improvements in Calle Carrillo Santa Clara & Lyon - PCO #2/ Project No. 06-1012 Garden Grove Blvd - Palm Street Sewer Improvements Nevada Street Storm Drain Relocate 5 Sewer Laterals- Sunset Beach Willow Glen Road & Nichols Canyon - H28A Canyon Drive & Spring Oak - H32A Awarding Authority Crescenta Valley Water District Ernie Diego (818)284-5820 City of Santa Ana Kurt Wisemann (714) 647-5074 City of San Dimas Shari Garwick (909) 394-6248 City of Santa Ana Kurt Wisemann (714) 647-5074 City of Garden Grove Ron Kuklovsky (949) 254-9270 Weiss Properties Clay Elliott (310) 542-9315 County of Orange Jim Caslin (714) 330-3728 City of Los Angeles City of Los Angeles Sam Alvarado (213) 300-9292 Awarding Authority Address 2700 Foothill Boulevard La Crescenta, CA 91214 20 Civic Center Plaza Santa Ana, CA 92701 245 East Bonita Avenue San Dimas, CA 91773 20 Civic Center Plaza Santa Ana, CA 92701 11222 Acacia Pkwy Garden Grove, CA 92840 17213 Amie Avenue Torrance, CA 90504 1152 East Fruit Street Santa Ana, CA 92701 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 Start Date/ Completion Date October-07 to March-08 December-07 to March-08 March-08 to March-08 December-07 to March-08 March-08 to May-08 April-08 to May- OS June-08 to June- 08 May-08 to August-08 May-08 to July- 09 Prime Contractor & Phone Number MNR Construction, Inc. (909)592-2760 All American Asphalt (951) 757-8026 MNR Construction, Inc. (909)592-2760 All American Asphalt (951) 757-8026 Vasilj Construction (626) 480-1442 EC Construction (626) 444-9596 All American Asphalt (951) 757-8026 Vasilj Construction (626) 480-1442 MNR Construction, Inc. (909) 592-2760 Construction Manager & Phone Number Nicholas "Dubi" Gregorovic (818) 271-7242 Jim McGee (951) 757-8028 Robert Vasilj (909) 615-5165 Jim McGee (951) 757-8028 John Gavigan (909) 772-2631 Ken Walters (626) 705-2130 Jim McGee (951) 757-8028 John Gavigan (909) 772-2631 Robert Vasilj (909) 615-5165 Scope/ Contract Amount Water Main $682,872.93 Sewer Main & Water Main $488,658.19 Water Main $67,970.00 Water Main $18,607.66 Water Main $236,157.29 Storm Drain $73,182.84 Sewer Laterals $62,300.22 Sewer Main $44,364.74 Sewer Main $1,796,587.50 Description of Work Install 12" & 6" CML & CMC steel water pipeline and appurtenant construction. Install 6" Fire Hydrant and steel water pipe laterals and appurtenant construction. Relocation of Customer In-house Plumbing. Installation of Pressure Reducing Valves Install 12-inch and 8-inch class 200 AWWA C900 PVC Water Main, construct 1-inch, 2-inch and 3-inch water service, 12- inch 1" and 8" gate valve, fire hydrant assembly. Construct 12" and 8" sewer main, sewer manhole and 6" PVC sewer lateral. Construct Trench Drain System including 12" PVC Perforated Pipe, complete in place. Construct Concrete Blanket Protection per A.P.W.A. Std. No. 225-1, complete in place. Construct Lateral Drain System, complete in place. Install Hot Tap, Water Line and Future Water Service 6- inch. 6" and 8" PVC pipe & fittings, 6" and 12" GV, C-509 (FLG X MJ / valve can assembly reconnect existing laterals, 36" - R.C.P. storm drain, 18" laterals Install 6" ABS sewer lateral (using INSERTA TEE) at various locations Installation of sewer main, and tie-ins to house connection. Remove & replace 6-inch and 8-inch VCP sewer., install maintenance holes, adjust MH to grade, remove flush tank mechanism, rehabilitate sewer by lining, clean and CCTV sewer Page 2 of 4 MNR CONSTRUCTION, INC. PROJECT PROFILE Project No 0808 0901 0902 0903 0904 0905 0906 0907 Project Title Veteran Ave and Sunset Blvd- SSRP-U18B Lincoln Avenue - East Street to Larch Street and Sewer Diversion at State College Blvd/Almond Ave Harbor UCLA Sewer Project No. 721-014.00 Construction Services for Emergency Sewer & Storm Drain Repairs Water Main Replacement Project Central Avenue House Connection 12" Water Main- Lincoln Ave from East St to La Plaza St Cistern 3 Vault Repair Project Awarding Authority City of Los Angeles Arsen Voskerchyan (213) 485-5443 City of Anaheim MTM Construction, Inc. Raymond Johnston (626)934-1112 City of Glendale (818) 548-3945 City of Arcadia MarkOrnelas (626) 840-6851 City of Montclair Cecilia Leonard (909)625-9445 City of Anaheim John Lamar (714) 768-4591 Long Beach Water Department Robert Verceles (562) 570-2337 Awarding Authority Address 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 200 S.Anaheim Blvd Anaheim, CA 92805 16035 Phoenix Drive City of Industry, CA 91745 633 E. Broadway Glendale, CA 91206 11800 Goldring Road Arcadia, CA 91066 5111 Benito Street Montclair, CA 91763 200 S. Anaheim Blvd Anaheim, CA 92805 1800 E Wardlow Road Long Beach, CA 90807 Start Date/ Completion Date April-09 to February-10 March-09to March-09 March-09 to April-09 N/A May-09 to August-09 May-09 to May- 09 July-09to October-09 October-09 to October-10 Prime Contractor & Phone Number MNR Construction, Inc. (909)592-2760 Vasilj Construction (626) 480-1442 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909)592-2760 MNR Construction, Inc. (909)592-2760 MNR Construction, Inc. (909) 592-2760 Construction Manager & Phone Number Robert Vasilj (909) 615-5165 John Gavigan (909) 772-2631 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Scope/ Original Contract Amount Sewer Main $1,396,872.50 Sewer Main $10,000.00 Sewer Main $61,000.00 Sewer & Storm Drain $100,000.00 Water Main $369,097.00 Sewer Connection $20,550.00 Water Main $276,600.00 Water Main $885,465.19 Description of Work Remove & replace 6-inch and 8-inch VCP sewer., install maintenance holes, adjust MH to grade, remove flush tank mechanism, rehabilitate sewer by lining, clean and CCTV sewer Furnish and install 12" DIP, 8" DIP, 6" fire hydrant, cut & cap existing fire hydrant, 12"resiliant wedge gate valve, 18" connection to existing pipe, 1" air release and vacuum relief valve. INSTALL 4" SDR-35 (APROX 200 LF) CORE INTO EXISTING MANHOLE, 3 CLEANOUTS, SLURRY BACKFILL On-call/emergency list for sewer and storm drain repairs. Furnish and install 2-inch water svc & 6" fire hydrant assembly, 10" class 52 Dl pipe bore and jack 6" and 8" Dl pipe, hot tap existing 12-inch pipe, furnish & install 4' x 5' deep concrete vault, flow meter, control valve, nitrate analyzer assembly. Installation of VCP to property line, saddle on mainline, sewer lateral from property line to back of house, fill septic tank with sand and abandon. Furnish and install 12" DIP, 8" DIP, 6" fire hydrant, cut & cap existing fire hydrant, 12"resiliant wedge gate valve, 18" connection to existing pipe, 1" air release and vacuum relief valve. Remove and replace existing master backwash and 24- inch ball valve and actuator, repair cistern vault and piping, sheeting shoring and bracing. Page 3 of 4 MNR CONSTRUCTION, INC. PROJECT PROFILE Project No 0908 0909 0910 0911 1001 1002 1003 1004 1005 1006 Project Title 1275-1287 East Lincoln Avenue • Water Service Connection Redlands Boulevard to Park Avenue - Installation of Water Main San Gabriel High School - Booster Pump and Water Main Installation Phase 1 Roadway Extensions Forest Lawn Covina Hills AUSD Transportation Bus Storage Magnolia Drive Sewer Repair - Forest Lawn Hollywood Hills Street Repair and Rehabilitation Project - Phase 1 (Chevy Chase Drive) Sewer Repair At Various Locations- City of Pomona SSRP S15 Grand Ave & 58th Street W.O. SZC 11889 City of Pasadena -2010 Sewer Capacity Upgrades Awarding Authority Portrait Homes Michael Woodhart (951) 741-7963 Weiss Properties Clay Elliott (310) 542-9315 Alhambra Unified School District Forest Lawn Memorial Park Association Alhambra Unified School District Forest Lawn Memorial Park Association City of Glendale (818) 548-3945 City of Pomona (909) 620-2269 City of Los Angeles Michael Affeldt (213) 485-4590 City of Pasadena Bob Gardner (626) 744-4643 Awarding Authority Address 265 N Joy Street, Ste 200 Corona, CA 92879-1323 17213 Amie Avenue Torrance, CA 90504 801 S Ramona St San Gabriel, CA 91776 1712 South Glendale Ave, Glendale, CA 91205 801 S Ramona St San Gabriel, CA 91776 1712 S Glendale Ave, Glendale, CA 91205 633 E. Broadway Glendale, CA 91206 505 S. Garey Ave Pomona, CA 91769 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 100 N. Garfield Avenue P.O. Box 7115 Pasadena, CA 91109 Completion Date September-09 to October-09 September-09 to September-09 October-09 to June-10 January-lOto present February-lOto May-10 March-lOto April-10 April-10 to April 10 May-10 to June- 10 August-lOto present June- 10 to August-10 Prime Contractor & Phone Number MNR Construction, Inc. (909) 592-2760 EC Construction (626) 444-9596 EC Construction (626) 444-9596 EC Construction (626) 444-9596 EC Construction (626) 444-9596 EC Construction (626) 444-9596 EC Construction (626) 444-9596 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 Construction Manager & Phone Number Robert Vasilj (909) 615-5165 Ken Walters (626) 705-2130 Ken Walters (626) 705-2130 Ken Walters (626) 705-2130 Ken Walters (626) 705-2130 Ken Walters (626) 705-2130 Ken Walters (626) 705-2130 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Scope/ Original Contract Amount Water Service Connection $68,009.65 Water Main $78,001.00 Water Main $78,691.00 Sewer & Water Main $706,260.00 Sewer & Water Main $62,948.00 Sewer Main $67,900.00 Sewer Main $29,750.00 Sewer Main $152,550.00 Sewer Main $449,485.00 Sewer Main $341,045.00 Description of Work 8" double-detector check assembly, lateral to property line, extend fire hydrant assembly, 2" irrigation meter, 2" RP backflow, 3" compound meter w/4" service, 4" double- detector check assembly. Install new 4x8 water meter vault , move double-detector assembly, install new 2" svc, construct manhole, encase 24" sewer, 2'xl' concrete box, construct catch basin. Connection at 4" backflow preventer, install 4" C900CI200, pump station, pressure test. Install air release above ground, domestic mainline in 2" and 12" HOPE, irrigation main line 6", 10" 12", 14", 16" HOPE, Irrigation main line transition and 12" AVL valve, gate valve, sanitary sewage piping, storm drain installation. Connection at 4" backflow preventer, install 4" C900CI200, pump station, pressure test. Install 8" VCP , connect to existing HC Sewer, install maintenance hole, CCTV Installation of two (2) manholes including: dewatering, over excavating all mud and/or unsuitable material(s), extra miscellaneous shoring in deep hole, approximately 30+ LF of 8-inch sewer pipe. Remove and Replace 120 LF of 8-inch VCP Point Repairs. Remove and Replace 736 LF of 8-inch VCP Facility Replacement Remove & replace 8-inch and 15-inch VCP sewer., install maintenance holes, remove flush tank mechanism and remodel MH Base, rehabilitate sewer by lining, clean and CCTV sewer Remove & replace 2300 LF of 8-inch and 12-inch VCP sewer. Remove & replace 100 LF of 8-inch and 12-inch VCP sewer with Ductile Iron Pipe with Protecto 401 Ceramic Epoxy lining. Construct concrete encasement, remove and reconstruct manhole floor CCTV sewer Page 4 of 4 MNR CONSTRUCTION, INC. PROJECT PROFILE Project No 1007 1008 1009 1010 1011 1101 1102 1103 Project Title SSRP P18A Eagle Rock Blvd & York Blvd. W.O. SZC 11840 SSRP P12 Avenue 50 and Monte Vista Street SZC 11960 SSRP P13 Range View and North Avenue SZC 11961 Pipeline and Manhole Rehabilitation for Various Locations Empress Avenue, Crestlake Avenue, Elm Park Imrpovement Project Secondary Sewer Renewal Program (SSRP) T03 - Paseo Del Mar & Carolina Street SZC 11849 Water Main Replacement Project Secondary Sewer Renewal Program (SSRP) U22A - Mullholland Awarding Authority City of Los Angeles Michael Affeldt (213) 485-4590 City of Los Angeles Carla Rinehart (213)487-0366 City of Los Angeles Cristian Guerrero (213) 485-5925 City of Beverly Hills (310) 285-2467 City of South Pasadena (626) 403-7240 City of Los Angeles Lynn Hanami-Cummings (310)732-4693 City of Santa Monica Carlos Resales (310) 458-8721 City of Los Angeles Richard Pedrozo (213)485-4580 Awarding Authority Address 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 455 N. Rexford Drive Beverly Hills, CA 90210 1414 Mission Street South Pasadena, CA 91030 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 1437 Fourth St, Suite 300 Santa Monica, CA 90401 1149 S. Broadway, 6th floor Los Angeles, CA 90015 Mail Stop #538 Sart Date/ Completion Date September-10 to Present December-10 to Present December-10 to May-11 March-llto June-11 July-lOto August-10 June 2011- Present October 2011- present September 2011-present Prime Contractor & Phone Number MNR Construction, Inc. (909)592-2760 MNR Construction, Inc. (909)592-2760 MNR Construction, Inc. (909)592-2760 Insituform Technologies (714) 728-1900 EC Construction (626) 444-9596 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 MNR Construction, Inc. (909) 592-2760 Construction Manager & Phone Number Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Lonny Laven (714) 728-1900 Ken Walters (626) 705-2130 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Robert Vasilj (909) 615-5165 Scope/ Original Contract Amount Sewer Main $1,835,936.50 Sewer Main $858,295.00 Sewer Main $871,217.20 Sewer Main $286,378.75 Sewer Main $102,500.00 Sewer Main $1,736,843.75 Water Main $2,208,850.00 Sewer Main $1,723,800.00 Description of Work Remove & replace 8-inch and 10-inch VCP sewer., Reconnect existing HC Sewer, install maintenance holes, remove flush tank mechanism and remodel MH Base, rehabilitate sewer by lining, clean and CCTV sewer Remove and Replace 120 LF of 8-inch VCP Point Repairs. Remove and Replace 736 LF of 8-inch VCP Facility Replacement Remove & replace 8-inch and 15-inch VCP sewer., install maintenance holes, remove flush tank mechanism and remodel MH Base, rehabilitate sewer by lining, clean and CCTV sewer Sewer line spot repairs in various locations ranging from 6- 10" VCP including furnish and installing manholes. Remove and Replace 630LF of 8-inch VCP Sewer and Point Repairs. Remove and Replace 25 VCP House Connections. Remove and Replace &/or rehab over 3 miles of 8-inch and 10-inch sewer lines as part of the Wastewater Collection System Settlement agreement Remove and Replace 11,730LF of D.I. P. including appurtenances Remove & Replace &/or rehab 4.56 mi sewer lines in the W LA area for the Wastewater Collection System Settlement Agreement BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 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: D 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 06/10/09 Contract No. 5503-3 Page 22 of 106 Pages ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (909)860-0599 FAX: (909)860-4119 Western Insurance Marketing Corp 556 N Diamond Bar Blvd #100 License # 0548614 Diamond Bar CA 91765-0760 INSURED MNR Construction Inc 5103 Bleecker Street Baldwin ,Park CA 91706 DATE (MM/DD/YYYY) 11/7/2011 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: Travelers Ind Co. of Con INSURER B Travelers Prop Cas Co of Amer INSURER CiRocfchiH Insurance Company INSURER D: INSURER E: NAIC# 25682 25674 28053 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OfSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A B B C ADD'L NSRP TYPE OF INSURANCE GENERAL LIABILITY X _COMMERCIAL GENERAL LIABILITY j CLAIMS MADE | X | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY [xl^ HLOC AU X — — • •OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY X 1 OCCUR 1 | CLAIMS MADE S DEDUCTIBLE RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE I 1 OFFICER/MEMBER EXCLUDED' Y (Mandatory in NH) ' ' If yes, describe under SPECIAL PROVISIONS below OTHER Pollution liability POLICY NUMBER CO0464L561 BA0464L561 CUP9322B832 LTB5681B45611 RCPLE001540-02 POLICY EFFECTIVEDATE (MM/DD/YYYY) 3/23/2011 3/23/2011 3/23/2011 3/23/2011 3/23/2011 POLICY EXPIRATIONDATE IMM/DD/YYYYI 3/23/2012 3/23/2012 3/23/2012 3/23/2012 3/23/2012 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) 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 AUTO ONLY: AQG EACH OCCURRENCE AGGREGATE Y WC STATU- OTH-•"• TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT $ 1,000,000 $ 300,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ $ $ $ $ $ $ 4,000,000 $ 4,000,000 $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 $1,000,000 aggregate $i,ooo,oooea Poiin condition fiS nnn H»Hnni-ihl« *Except 10 day notice for non-payment of premium. The City of Carlsbad, its officials, employees and volunteers are named additional insured per endorsement RE: Hemlock Avenue Sewer Placement Project Contract #5503-3 CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Department ATTN Kevin Davis 1635 Faraday Ave Carlsbad, CA 92008 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 ACORD 25 (2009/01)INS025 (200901 >.oi ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy #CO0464L561 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 12005 The St. Paul Travelers Companies, Inc.Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3, above. 5, The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc.CO D2 46 08 05 Policy #CO0464L561 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - Provisions A.-H, and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage - Damage To Premises Rented To You * Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured - Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage - Bodily Injury G. Contractual Liability - Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured - State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 * Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury - Assumed by Contract N. Blanket Additional Insured -Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B, EXTENSION OF COVERAGE - DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I - Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CGD3160704 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance", E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I - Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I - Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of Pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE - BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS - Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY - RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS - Section V) is de- leted. H. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products-completed opera- tions hazard". I. OTHER INSURANCE CONDITION A, COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4, (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CGD3160704 COMMERCIAL GENERAL LIABILITY (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section HI) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section ill) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (Section I - Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY TRACT ASSUMED BY CON- 1, The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B (Section I - Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS - COVERAGES A AND B (Section I - Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I - Coverage B - Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property darn- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CGD3160704 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 This Certificate of Insurance 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 (2009/01) INS025 (200901 (.01 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name ofoCpntractor (sign \loa\ -\\(print name/tire) Page.of pages of this Re Debarment form Revised 06/10/09 Contract No. 5503-3 Page 23 of 106 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page | of A— pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 5503-3 Page 24 of 106 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 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: (print name/title)1 Page /-^. of /• — pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 5503-3 Page 25 of 106 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 State of California ) ) ss. County of Lce> \Qoj (Name of Bi and says that he or she is , being first duly sworn, deposes (Title) (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 of perjury that the foregoing is true and correct and that this affidavit was executed on the .31 day of QCrJntoer" , 20_ Signature of Bidder Subscribed and sworn to before me on the day of , 20_ (NOTARY SEAL) Signature of Notary Revised 06/10/09 Contract No. 5503-3 Page 26 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On iQ-3)~// personally appeared Date Name(s) of E who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PE laws of the State paragraph is true WITNESS my iard andjofficial Place Notary Seal and/or Stamp Above Signature: OPTIONAL flALTY OF PERJURY under the of California that the foregoing nd correct. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D • Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in .Fact D Trustee IH Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 1 ©2008 National Notary Association'9360 De Solo Ave., P.O. Box 2402•Chatsworth. CA 91313-2402-www.NattonalNotaty.org Item #5907 Reorder Call Toil-Free 1 -800-876-6827 CONTRACT PUBLIC WORKS This agreement is made this 3O day of A/Ql/g/nber~ 20 /( , by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and MNR Construction, Inc. whose principal place of business is 5103 Bleecker Street Baldwin Park CA 91706, (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 (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 City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the 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 City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Am¥ Revised 06/10/09 Contract No. 5503-3 Page 27 of 106 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 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. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Revised 06/10/09 Contract No. 5503-3 Page 28 of 106 Pages 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. 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 City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the A•K Revised 06/10/09 Contract No. 5503-3 Page 29 of 106 Pages City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor 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. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. Revised 06/10/09 Contract No. 5503-3 Page 30 of 106 Pages (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above. EN init y init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. 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. 13. 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. Revised 06/10/09 Contract No. 5503-3 Page 31 of 106 Pages 14. 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: (name of Contractor) By: (sign heref CITY-QF CARLSBAD a municipal corporation of th/State of CalifdrrW City Manager ATTEST: LORRAINE M. WOOD, Ci 7cffl%>&i%> oV'tuH*. ••..-?,<i (print name and title) • * 111 \ i • President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney 0Revised 06/10/09 Contract No. 5503-3 Page 32 of 106 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared ' / nere insen Na A PfC7 1/4*? * ^ )^ Name(s) of Jftne KENT |/V. VERCRUSE, ,0COMMJ|c18851o67 _tos ANGEIES COUNTY JXPAPR. 22,2014' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrap isArue and cprrect. WITNES Place Notary Seal and/or Stamp Above Signature OPTIONAL y hand land official sea Though the information below is not required by law, it may provewaluable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _______ RIGHT THUMBPRINTOF SIGNER Top of thumb here ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvro.NationalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 Bond #0557584 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to MNR Construction, Inc. (hereinafter designated as the "Principal"), a Contract for: HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, MNR CONSTRUCTION, INC., as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Eighty Three Thousand Five Hundred Fifty Five Dollars ($83,555), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. 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 06/10/09 Contract No. 5503-3 Page 33 of 106 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 _ , 20_ CONTRACTOR: MNR Construction, Inc. _ (name of Contractor) By: _______ (sign here) Executed by SURETY this. of November 10th .day ., 2011 (print name here) SURETY: International Fidelity Insurance Company (name of Surety) 233 Wilshire Blvd. Santa Monica, CA 90401 (address of Surety) 3103957887 title arid organization^ By: lephone number of Surety) (sign here]r-x Hoof i Ca \Cfei\\ (print name here) (signature of Attorney-in-Fact) Frank Morones _ __ _ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) c- (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 06/10/09 Contract No. 5503-3 Page 34 of 106 Pages Tel (973) 624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized an<J existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint FRANK MORONES Anaheim Hills, CA. its true and lawful attorney(sHn-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity andother writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, andthe execution of such'instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCECOMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds andundertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingduly called and held on the 29th day of April. 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to besigned and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEYCounty of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me dulysworn said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed tosaid instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ,«•»* A NOTARY PUBLIC OF NEW JERSEY '"»»„««" CERTIFICATION My Commission E"P'res March. 27,2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 1 fjth da>' of November , 2011' Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 11/10/2011 DATE before me, L. Clark, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Frank Morones _, who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe 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/bef/tbeif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L. CLARK Commission # 1825171 Notary Public - California Los Angeles County My Comm. Expires Nov 28.2012 WITNESS my hand and official seal. ^^^ - - " - SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I [INDIVIDUAL DESCRIPTION OF ATTACHED DOCUMENT DCORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S)| | LIMITED I| GENERAL NUMBER OF PAGES IXJ ATTORNEY-IN-FACT O TRUSTEE(S) Q GUARDIAN/CONSERVATOR | | OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^OS. On //- Date personally appeared before me. Here Insert Name and Title of the Officer ' t ^ ) ^^Name(s) of Jfcner(s) KENT W. VERCRUSE COMMJ 1885167 M NOTARY PUBLIC-CALIFORNIA «jLos ANGELES COUNTYMYCOMM. EXP APR 22 2014" who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stikte of California that the foregoing paragraph is pe and correct WITNESS m' Place Notary Seal and/or Stamp Above Signature: OPTIONAL Though the information below is not required by law, it may prove va oable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____^ Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: I Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here IKJS«S6S^SK«aSS<»m!l<?S^^ ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 Bond #0557584 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to MNR Construction, Inc. (hereinafter designated as the "Principal"), a Contract for: HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, MNR CONSTRUCTION, INC., as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Eighty Three Thousand Five Hundred Fifty Five Dollars ($83,555), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Contract No. 5503-3 Page 35 of 106 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 , 20_ CONTRACTOR: MNR Construction, Inc. By: (Title and (print name here) Organization of SiSignatory) By: (sign heref (print name here) Executed by SURETY this 10th day of November , 2011 SURETY: International Fidelity Insurance Company (name of Surety) 233 Wilshire Blvd. Santa Monica, CA 90401 (address of Surety) 3103957887 (telephone number of Surety) Bv (signature of Attorney-in-Fact) Frank Morones (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 City Attorney By: Deputy City Attorney Revised 06/1 0/09 Contract No. 5503-3 Page 36 of 106 Pages Te, (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS; That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint FRANK MORONES Anaheim Hills, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument<s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-tact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seat of the Company may be affixed to any such power of attorney or any certificate relating thereto bytacsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuch power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed tosaid instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ,„«».„„ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ** A NOTARY PUBLIC OF NEW JERSEY *'*"««« i •«»**' CERTIFICATION My Comm'ssion Expires March. 27,2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing cop> of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 10th day of November,2011 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 11/10/2011 DATE before me, L. Clark. Notary Public , NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Frank Morones _, who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/their authorized capacity(ies), and that by his/hef/ibe+f signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L. CLARK Commission #1825171 Notary Public • California Los Angeles County My Comm. Expires Nov 28, 2012 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL DESCRIPTION OF ATTACHED DOCUMENT DiCORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) O LIMITED || GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the (State of California that the foregoing paragraph is WITNESS m Place Notary Seal and/or Stamp Above Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ffl2008 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Can Toll-Free 1 -800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $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 City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. A•^ Revised 06/10/09 Contract No. 5503-3 Page 37 of 106 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 City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: 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 City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. f\mW Revised 06/10/09 Contract No. 5503-3 Page 38 of 106 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address oRevised 06/10/09 Contract No. 5503-3 Page 39 of 106 Pages GENERAL PROVISIONS FOR HEMLOCK AVENUE SEWER REPLACEMENT CONTRACT NO. 5503-3 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 8/10/10 Contract No. 5503-3 Page 40 of 106 Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 8/10/10 Contract No. 5503-3 Page 41 of 106 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. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Revised 8/10/10 Contract No. 5503-3 Page 42 of 106 Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Revised 8/10/10 Contract No. 5503-3 Page 43 of 106 Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. 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. Revised 8/10/10 Contract No. 5503-3 Page 44 of 106 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 DEL 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 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 Revised 8/10/10 Contract No. 5503-3 Page 45 of 106 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 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 STR Straight STR 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 Revised 8/10/10 Contract No. 5503-3 Page 46 of 106 TOPO Topography VC Vertical curve TR Tract VCP Vitrified clay pipe TRANS Transition VERT Vertical TS Traffic signal or transition structure VOL Volume TSC Traffic signal conduit VWD Vallecitos Water District TSS Traffic signal standard W Water, Wider or Width, as applicable TW Top of wall WATCH Work Area Traffic Control Handbook TYP Typical Wl Wrought iron UE Underground Electric WM Water meter USA Underground Service Alert WPJ Weakened plane joint VAR Varies, Variable XCONN Cross connection VB Valve box XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 8/10/10 Contract No. 5503-3 Page 47 of 106 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 (m2) 1 square yard lyd ) 0.8361 square meter (m ) 1 cubic foot (ft% 0.0283 cubic meter (m3)/«• ................................................................................... \J. VS£_WW VSUUIV^ 1 I It^l^l I I I I I 1 cubic yard (ydj) ....................................... . .......................................... 0.7646 cubic meter (m3< 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (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 /s)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 = (1.8x°C) + 32 ............................................................................... °C = (°F- 32)71.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo(k) ................................................................................................... 103, centi(c) ................................................................................................. 10 milli(m) ................................................................................................. 10 micro (n) ............................................................................................... 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 Revised 8/1 0/1 0 Contract No. 5503-3 Page 48 of 1 06 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 8/10/10 Contract No. 5503-3 Page 49 of 106 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 8/10/10 Contract No. 5503-3 Page 50 of 106 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one set of drawings. The set is designated as City of Carlsbad Drawing No. DWG 473-3 and consists of three sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 8/10/10 Contract No. 5503-3 Page 51 of 106 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. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 7) Plans. 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications, h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. Revised 8/10/10 Contract No. 5503-3 Page 52 of 106 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Revised 8/10/10 Contract No. 5503-3 Page 53 of 106 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 1 2 3 4 5 6 7 8 9 10 11 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 General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified 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 Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 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. Revised 8/10/10 Contract No. 5503-3 Page 54 of 106 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 change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made 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. 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. Revised 8/1 0/1 0 Contract No. 5503-3 Page 55 of 1 06 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and 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 8/10/10 Contract No. 5503-3 Page 56 of 106 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10 m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, © Curb Traffic Signal CD Signal Poles & Controller © Junction Box © Conduit © Minor Structure ® Abutment Fill Stake Description 0 SDRS M-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, 1/2A & %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 grade < 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 ®, ® 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 J/8" Horizontal & V4" Vertical J/8" Horizontal & V4" Vertical V Horizontal & V Vertical V Horizontal & V Vertical "/a" Horizontal & V4" Vertical J/8" Horizontal & V VerticalJ/a" Horizontal & when depth cannot be measured from existing pavement V4" Vertical V Horizontal & V Vertical (when vertical data needed) 0.1 'Verticals Horizontal Revised 8/10/10 Contract No. 5503-3 Page 57 of 106 Feature Staked Wall© Major Structure ® Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading © Utilities ®, © Channels, Dikes & Ditches CD Signs ® Subsurface Drains ® Overside Drains ® Markers © Railings & Barriers ® AC Dikes © Box Culverts Pavement Markers® Stake Description ® 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®, ® < 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 <50' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1 000' or where grade < 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 s 50' on tangents & curves when R> 1 000' & < 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 <D, ® 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) 74" Horizontal & V Vertical J/e" Horizontal & '/41' Vertical J/B" Horizontal & 74" Vertical 0.1 'Verticals. Horizontal 78" Horizontal & V4" Vertical 0.1' Horizontal & V4" Vertical 0.1' Verticals Horizontal 0.1' Horizontal & V Vertical ' 0.1 'Horizontals 74" Vertical 74" Horizontal °/s" Horizontal & Vertical 0.1' Horizontal & Vertical °/8" Horizontal & V4" Vertical 74" 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 (D Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® > means greater than, or equal to, the number following the symbol. <, means less than, or equal to, the number following the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. Revised 8/10/10 Contract No. 5503-3 Page 58 of 106 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, R/ 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. 2-10 AUTHORITY OF BOARD AND ENGINEER. The 6oard 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 6oard. Revised 8/1 0/10 Contract No. 5503-3 Page 59 of 106 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 60 of 106 Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. Revised 8/10/10 Contract No. 5503-3 Page 61 of 106 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 62 of 106 (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (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 Revised 8/10/10 Contract No. 5503-3 Page 63 of 106 Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1 . Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 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 accord- ance 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. ~m Revised 8/1 0/10 Contract No. 5503-3 Page 64 of 106 The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "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 Revised 8/10/10 Contract No. 5503-3 Page 65 of 106 hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 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 Revised 8/10/10 Contract No. 5503-3 Page 66 of 106 intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 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. Revised 8/10/10 Contract No. 5503-3 Page 67 of 106 (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. 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 8/1 0/1 0 Contract No. 5503-3 Page 68 of 1 06 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 69 of 106 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 70 of 106 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. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence Revised 8/10/10 Contract No. 5503-3 Page 71 of 106 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 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 con- tradiction, the assignable party, the Agency or the Contractor, shall bear all costs associ- ated 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 assign- able cause, the investigation will assign costs cooperatively with each party or when Revised 8/1 0/1 0 Contract No. 5503-3 Page 72 of 1 06 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 73 of 106 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. 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.. 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. A•V Revised 8/10/10 Contract No. 5503-3 Page 74 of 106 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. 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 Revised 8/10/10 Contract No. 5503-3 Page 75 of 106 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. 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 Construction Schedule. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submissions of submittals per 2-5.3, procurement of materials and scheduling of equipment. The construction schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. The Engineer may waive these requirements for work constructed under a permit. 6-1.2 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 Revised 8/1 0/1 0 Contract No. 5503-3 Page 76 of 1 06 necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removal of approximately 611 lineal feet of 6" diameter VCP sewer pipeline and replacement with 8" diameter SDR35 PVC pipeline and associated work as described in the Contract Specifications and Drawing No. 473-3. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor Revised 8/10/10 Contract No. 5503-3 Page 77 of 106 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. 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 Revised 8/1 0/1 0 Contract No. 5503-3 Page 78 of 1 06 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. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, Revised 8/10/10 Contract No. 5503-3 Page 79 of 106 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 associa- tion, 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. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 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 five Revised 8/10/10 Contract No. 5503-3 Page 80 of 106 hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred Dollars ($500.00) 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. 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. 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 8/10/10 Contract No. 5503-3 Page 81 of 106 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 permit(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. 7-5.1 Resource Agency Permits. Resource agency permits pertaining to this project include: No permits required. 7-5.2 Relations with the Railroad. 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. Revised 8/10/10 Contract No. 5503-3 Page 82 of 106 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right of Entry" Permit from the North County Transit District Board, (The Board), prior to the commencement of any work. A Sample Permit is included in Appendix "B", of the Contract Documents. All fees and costs associated with obtaining and complying with the terms of this permit, including but not limited to engineering review, submittal review, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor.. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engineer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements The Contractor shall notify NCTD in writing at least ten (10) working days prior to commence- ment of work on Railroad Right of Way at: North County Transit District 810 Mission Avenue Oceanside, CA 92504 (760) 966-6504 (760) 754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. Revised 8/1 0/1 0 Contract No. 5503-3 Page 83 of 1 06 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. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Revised 8/10/10 Contract No. 5503-3 Page 84 of 106 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. This project falls under the Tier 1 Construction SWPPP per City of Carlsbad's Project Threat Assessment. Contractor shall comply with the Construction SWPPP requirements provided in the City of Carlsbad's Engineering Standards, current edition. 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. A•K Revised 8/10/10 Contract No. 5503-3 Page 85 of 106 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to Revised 8/10/10 Contract No. 5503-3 Page 86 of 106 local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesive. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. Material shall be equivalent in strength and durability to 65 Ib. card stock with printed font no smaller than 12 point, see sample in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 Revised 8/10/10 Contract No. 5503-3 Page 87 of 106 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. 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. All costs involved shall be included in the Bid. Revised 8/10/10 Contract No. 5503-3 Page 88 of 106 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.Let seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet, nor operate equipment within two feet from any traffic lane occupied by traffic. For equipment the than two feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, Revised 8/10/10 Contract No. 5503-3 Page 89 of 106 maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of 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 Revised 8/10/10 Contract No. 5503-3 Page 90 of 106 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. 7-10.3.7 Payment The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed 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. Revised 8/10/10 Contract No. 5503-3 Page 91 of 106 The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1 . Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor Revised 8/10/10 Contract No. 5503-3 Page 92 of 106 shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL Not Used SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. Revised 8/10/10 Contract No. 5503-3 Page 93 of 106 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. 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. Revised 8/10/10 Contract No. 5503-3 Page 94 of 106 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 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. Revised 8/10/10 Contract No. 5503-3 Page 95 of 106 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. 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. Revised 8/10/10 Contract No. 5503-3 Page 96 of 106 The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be 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. Bid items are clarified in Section 01200 of the Technical Specifications. Revised 8/10/10 Contract No. 5503-3 Page 97 of 106 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(6). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(1l/2") 19-mmCV) 12.5-mm(1/2") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing Type 6 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mmCV) 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 8/1 0/10 Contract No. 5503-3 Page 98 of 106 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" — 100 3/4" 50-85 90-100 No. 4... 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 8/10/10 Contract No. 5503-3 Page 99 of 106 SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.2 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.2.1 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.3 Asphalt Concrete Storage. add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Am& Revised 8/10/10 Contract No. 5503-3 Page 100 of 106 Graded class ARHM-GG-C. SECTION 213 - ENGINEERING FABRICS 213-2GEOTEXTILES. 213-2.1 General. Table 213-2.1 (A) Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (1/4 Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3.1 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 8/1 0/10 Contract No. 5503-3 Page 101 of 106 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.4 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. A•K Revised 8/10/10 Contract No. 5503-3 Page 102 of 106 The following formula shall be used to score the permitted use of steel plate bridging: PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph) + SLOPE X 100] X LANES 1000 5 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a dis- tance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Revised 8/10/10 Contract No. 5503-3 Page 103 of 106 Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(6) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) 0.3m (10") 0.6 m 123") 0.8m (31") 1.0m (41") 1.6m 163") Minimum Plate Thickness 13mm (V2") 19mm (%") 22mm ('/„") 25mm (1") 32 mm (1 %") (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with Revised 8/1 0/1 0 Contract No. 5503-3 Page 1 04 of 1 06 known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306-1.2.2 Field Jointing of Reinforced Concrete Pipe, add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General, add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.2 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.4 Trench Resurfacing. 306-1.4.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.4.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.5 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (%") nylon pull ropes in all conduit. Revised 8/10/10 Contract No. 5503-3 Page 105 of 106 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. Revised 8/10/10 Contract No. 5503-3 Page 106 of 106 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01100 Supplemental Info 01200 Measurement and Payment DIVISION 02 - SITE WORK 02223 Trenching Excavation Backfilling and Compaction DIVISION 03 - CONCRETE 03000 Cast in Place Concrete 03460 Precast Sewer Manholes DIVISION 15 - MECHANICAL 15043 Testing of Sewer Pipeline 15063 PVC Sewer Pipe SECTION 01100 SUPPLEMENTAL INFORMATION A. Terms Command-type sentences used in the contract documents refer to and are directed to the Contractor. B. Location of Project Site The project is located on Hemlock Avenue, east of the intersection with Garfield Street where its alignment runs easterly into the railroad right-of-way, in the City of Carlsbad, California. Refer to the Thomas Guide, San Diego County, 2009 Edition, Map Page 1106, Grid Reference E7. C. Construction Testing 1. The Owner shall furnish compaction testing for all bedding, backfill, and soil compaction testing. 2. The Owner shall furnish all materials testing and special inspections called for in the Contract Documents. 3. When any work is determined to be unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents, the costs incurred by the Owner for additional tests or inspections shall be reimbursed by the Contractor. Said costs shall be paid by the Owner and deducted from progress payments to the Contractor. D. Access of Owner's Representative to Confined Spaces in Structures Under Construction 1. The Contractor shall be aware that some or all portions of the work may be designated as a PERMIT REQUIRED CONFINED SPACE. The Contractor is required to provide the Owner with a copy of the Contractor's Confined Space Program prior to beginning work. Safety submittals will be retained on file. Contractor's Confined Space Program shall be in compliance with Cal-OSHA's Confined Space regulatory requirements. The Contractor is required to perform all work in accordance with Cal-OSHA Confined Space requirements. 2. The Contractor shall provide the following assistance to the personnel of the Owner's Representative when said personnel must enter confined spaces in structures under construction or structures which have not been accepted by the Owner. a. Training program for the personnel of the Owner's Representative relevant to the specific structures being entered. b. Testing equipment and personnel to operate said equipment for testing the atmosphere in the confined spaces for oxygen deficiency, explosive gases, and toxic gases. c. Authorized competent person to stand by each confined space while entrants are inside the space. d. Safety equipment (breathing apparatus, harnesses, and rescue equipment) in good working order. e. Communication equipment. f. Access equipment (hoists and ladders). g. Signs. h. Alarm system. SEPTEMBER 2011 CONTRACT 5503-3 SUPPLEMENTAL INFORMATION HEMLOCK AVE SEWER REPLACEMENT 01100-1 i. Ventilation system. 3. The Contractor shall identify confined spaces on the project, mark them with warning signs per CAL/OSHA requirements, and notify the District's Representative that these structures now exist. E. Existing Conditions and Examination of Contract Documents 1. The Bidder represents that it has carefully examined the contract documents and the site where the Work is to be performed and that it has familiarized itself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect in any manner the performance of the Work. The Bidder further represents that it has studied all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite, that it has performed such additional surveys and investigations as it deems necessary to complete the Work at its bid price, and that it has correlated the results of all such data with the requirements of the contract documents. The submittal of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the Work. 2. The drawings and specifications for the Work show subsurface conditions or otherwise hidden conditions as they are supposed or believed by the Design Engineer to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the contract documents, the Owner, the Design Engineer, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown in the drawings and the actual conditions revealed during the progress of the Work or otherwise. 3. No information derived from such inspection of records of investigations or compilation thereof made by the Owner, the Design Engineer, or their consultants will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the contract nor entitle the Contractor to any additional compensation. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3 SUPPLEMENTAL INFORMATION HEMLOCK AVE SEWER REPLACEMENT 01100-2 SECTION 01200 MEASUREMENT AND PAYMENT PART 1 - GENERAL This section is intended as a supplement to Section 9 of the Contract's General Provisions. If in the case of conflict between the two, provisions in Section 9 have precedence over those in this specification. Work Listed in the Schedule of Work Items 1. Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work installed. 2. The unit prices and lump-sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the contract documents. 3. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service. 4. Extra work or changes in the Work shall be accomplished as provided in the General Provisions. 5. All work shall be constructed in conformance of the City of Carlsbad Engineering Standards and specified references made therein, current version at the time of award of this contract, unless otherwise described on the plans and specifications for this project. B. Work Not Listed in the Schedule of Work Items 1. The General Provisions and general requirements, and specifications which are not listed in the schedule of work items of the Bid Form are, in general, applicable to more than one listed work item, and no separate work item is provided therefor. Include the cost of work not listed but necessary to complete the project designated in the contract documents in the various listed work items of the Bid Form. 2. The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety. SEPTEMBER 2011 CONTRACT 5503-3 MEASUREMENTS & PAYMENT HEMLOCK AVE SEWER REPLACEMENT 01200-1 PART 2 - MATERIALS A. Description of Bid Items Item A-1 Item A-2 Item A-3 Item A-4 Item A-5 Mobilization and Preparatory Work - See Section 9-3.4 of the General Provisions. Removal and disposal of existing 6" diameter VCP sewer as shown on Sheet 3 of Drawing No. 473-3 (Plans).. Improvements to 3 existing sewer manholes as shown on Sheet 3 of Plans per Carlsbad Standard Drawing S-2 modifying the manholes for compatibility with the new 8-inch sewer pipeline. Installation of 61 1 lineal feet of 8-inch diameter SDR 35, PVC sewer pipeline as shown on Sheet 3 of Drawing No. 473-3 (Plans). Includes connection of existing laterals to the new sewer pipeline, trench repair and surface repair and all other items necessary to complete the construction of this project described on the Plans, General Provisions and Technical Specifications that are not included under the other Bid Items described in this contract. Installation of new sewer manhole at station 7+00 of the Plans. END OF SECTION SEPTEMBER 2011 HEMLOCK AVE SEWER REPLACEMENT CONTRACT 5503-3 MEASUREMENTS & PAYMENT 01200-2 SECTION 02223 TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING PART 1 GENERAL A. Description This section includes materials, testing, and installation for trench excavation, backfill, and compaction of piping, conduit, manholes, and vaults. B. Reference Standards The publications listed below form part of this specification to the extent referenced and are referred to in the text by the basic designation only. Reference shall be made to the latest edition of said standards unless otherwise called for. ASTMC131- Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C 150 - Portland Cement ASTM D 75 - Practice for Sampling Aggregates ASTM 1556 - Test Method for Density and Unit Weight of Soil in Place by the Sand- Cone method ASTM D 1557 - Test Method for Moisture-Density Relations of Soils Using a Modified Effort ASTM D 2419 - Test Method for Sand Equivalent Values of Soil and Fine Aggregate ASTM D 3017 - Test Method for Water Content of Soil and Rock in Place by Nuclear Methods ASTM D 3776 - Test Method for Mass Per Unit Area (Weight) of Woven Fabric ASTM D 4253 - Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Plate ASTM D 4254 - Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D 4632 - Test Method for Grab Breaking Load and Elongation of Geotextiles ASTM D 4751 - Test Method for Determining the Apparent Opening Size of a Geotextile CAL-OSHA - Title 8 General Industry Safety Orders C. Related Work Specified Elsewhere Standard Specifications 15000, 15043, 15044, 15056, 15061, 15063, 15064, and 15066 D. Geotechnical Testing The Developer or Contractor shall engage the services of a geotechnical engineering firm or individual licensed in the State of California to monitor soil conditions during earthwork, trenching, bedding, backfill, and compaction operations. Sampling and testing procedures shall be performed in accordance with the Reference Standards and as follows: 1. The soils technician shall be present at the site during all backfill and compaction operations. Failure to have the soils technician present will subject such operations to rejection. 2. Density and optimum moisture content of soil shall be determined by the use of the sand cone method, ASTM D 1556, or nuclear density gauge method, ASTM D 2922 & D 3017. Since the composition of the pipe and the walls of the trench have an effect on the nuclear density gauge output, a minimum of 25% of the density and optimum moisture tests shall be made using the sand cone method. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-1 3. Determine laboratory moisture-density relations of existing soil by ASTM D 1557, Method C and/or D. 4. Determine the relative density of cohesion less soils by ASTM D 1557, Method C and/or D. 5. Sample backfill material by ASTM D 75. 6. Express "relative compaction" as a percentage of the ratio of the in-place dry density to the laboratory maximum dry density. A report of all soils tests performed shall be stamped and signed by the soils firm or individual and shall be submitted by the Contractor prior to the filling of the Notice of Completion by the City. The report shall document the sampling and testing of materials, the location and results of all tests performed, and shall certify that materials and work are in compliance with this specification. E. Pipe Zone The pipe zone includes the full-width of the trench from 6-inches below the bottom of the pipe to 12-inches above the top of the pipe and extends into manhole or vault excavations to the point of connection to or penetration of such structure. F. Trench Zone The trench zone includes the portion of the trench from the top of the pipe zone to the bottom of the pavement zone in paved areas, or to the existing surface in unpaved areas, and extends into manhole or vault excavations above the pipe zone. G. Pavement Zone The pavement zone includes the concrete or asphalt concrete pavement and aggregate base section placed over the trench zone and extends into manhole or vault excavations above the trench zone. H. Protection of Existing Utilities And Facilities The Contractor shall be responsible for the care and protection of all existing utilities, facilities, and structures that may be encountered in or near the area of the work. I. Protection of Existing Landscaping The Contractor shall be responsible for the protection of all the trees, shrubs, fences, and other landscape items adjacent to or within the work area. J. Access The Contractor shall provide continuous, unobstructed access to all driveways, water valves, hydrants, or other property or facilities within or adjacent to the work areas. K. Safety 1. Protection of workers within trenches shall be as required by the California Labor Code. 2. All excavations shall be performed in a safe manner and shall be protected and supported in accordance with CAL-OSHA regulations. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-2 3. Barriers and traffic delineators shall be placed in accordance with the requirements of the agency having jurisdiction. L. Blasting Blasting for excavation shall not be performed without the written permission of the City Procedures and methods of blasting shall conform to all Federal, State, and local laws and ordinances. M. Pipe Jacking Pipe jacking may be permitted in accordance with Section 15125. City approval is required in advance of such operations. N. Excess Excavated Material 1. The Contractor shall remove and legally dispose of all excess excavated material and demolition debris. 2. It is the intent of these specifications that all surplus material shall be legally disposed of by the Contractor. Before acceptance of the work by City, the Contractor shall provide the City with written releases signed by all property owners with whom the Contractor has entered into agreements for disposing of excess excavated material, absolving the City from any liability connected therewith. O. Changes in Line and Grade In the event obstructions not shown on the plans are encountered during the progress of the work, and which will require alterations to the plans, the Engineer shall have the authority to change the plans and order the necessary deviation from the line and grade. The Contractor shall not deviate from the specified line and grade without prior written approval by the City. P. Hydrostatic Testing Pre-testing of the piping system may be performed for the Contractor's convenience at any time. However, the final hydrostatic pressure test, as described in Sections 15043 and 15044, shall be performed following the completion of all backfilling and trench zone compaction with a minimum of 2.5-feet of material over the pipe. PART 2 MATERIALS A. General The Contractor shall furnish backfill material as specified below. All materials used in and above the pipe zone shall be capable of attaining the required relative density. B. Imported Sand - Pipe Zone Imported sand shall be used within the Pipe Zone for installations of PVC Pressure Pipe, Ductile-Iron Pipe, Cement-Mortar Coated Steel Pipe, Tape-Wrapped Steel Pipe, and Paint- Coated Pipe. 1. Imported sand shall be free from clay balls, organic matter, and other deleterious substances and shall have a coefficient of permeability greater than 0.014 measured in accordance with ASTM D2434 or a sand equivalent of greater than 30 per ASTM D2419. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-3 2. Resistivity for imported sand shall be not less than 2,000 ohm-cm when maximum chloride concentration of 200 mg/l when measured in accordance with California Test Method 422 and a maximum sulfate concentration of 500mg/l when measures in accordance with California Test Method 417. 3. Imported Sand shall conform to the following gradation: Sieve Size 1/2 inch No. 4 No. 16 No. 50 No. 200 Percent Passing by Weight 100 75-100 35-75 10-40 0-10 C. Crushed Rock - Pipe Zone Crushed Rock shall be used in the Pipe Zone on PVC Gravity Sewer Pipe. Crushed rock shall be clean, crushed stone free of organic matter. Crushed rock shall be certified to contain less than 1% asbestos by weight or volume and shall conform to the following gradation and requirements: U.S. Standard Sieve Size 1-Inch 3/4-Inch 1/2-Inch 3/8-Inch No. 4 No. 8 ASTM C 131 Testing Grade Percent Passing by Weight 100 90-100 30-60 0-20 0-5 — B Test Percentage Wear 100 Revolutions 500 Revolutions Test Method ASTM C 131 — — Requirement— 15 Maximum 52 Maximum D. Trench Plugs Trench plugs consisting of compacted Imported Granular Material or sand cement slurry shall be installed on piping systems that are backfilled with crushed rock. E. Earth Backfill Material - Trench Zone 1. Earth backfill is defined as materials removed from the required excavations and used as backfill of earth fill. Earth backfill that meets the requirements specified herein may be used for all backfill or fill, except where imported materials are shown on the Plans or specified herein. Do not use stockpiled topsoil for backfill or fill. 2. Earth backfill shall be excavated materials that is free from organic matter, roots, debris, and rocks larger then 4 inches in the greatest dimension. 3. Earth backfill used in the trench zone shall be native granular materials free from roots, debris, and organic matter with less than 50 percent passing the No. 200 sieve and more SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-4 than 40 percent passing the No. 4 sieve and rock particles with a maximum dimension no greater than 4 inches. 4. Where the onsite materials are determined by the Engineer to be unsuitable, imported fill shall be provide by the Contractor. F. Sand-Cement Slurry Sand-cement slurry shall consist of two sacks, 188 pounds, of Portland cement per cubic yard of sand and sufficient moisture for workability. City approval is required for use of slurry as a backfill material. G. Filter Fabric Filter fabric shall be manufactured from polyester, nylon, or polypropylene. Material shall be of non-woven construction and shall meet the following requirements: Grab tensile strength (ASTM D 4632): 100 Ibs. minimum for a 1-inch raveled strip Weight (ASTM D 3776): 4.5 oz./yd2) Apparent opening size (ASTM D 4751): 0.006-inch PART 3 EXECUTION A. Clearing and Grubbing 1. Areas where work is to be performed shall be cleared of all trees, shrubs, rubbish, and other objectionable material of any kind, which, if left in place, would interfere with the proper performance or completion of the completed work, would impair its subsequent use, or would form obstructions therein. 2. Organic material from clearing and grubbing operations will not be incorporated in the trench backfill and shall be removed from the project site or retained and incorporated into the topsoil. B. Pavement. Curb, and Sidewalk Removal Bituminous or concrete pavements, curbs, and sidewalks shall be removed and replaced in accordance with the requirements of the agency having jurisdiction. C. Dewatering 1. The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and dispose of all water from any source entering excavations or other parts of the work. Dewatering shall be performed by methods that will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. Dewatering methods may include well points, sump points, suitable rock or gravel placed as pipe bedding for drainage and pumping, temporary pipelines, or other means, all subject to the approval of the City. The cost of all dewatering activities shall be borne by the Developer or Contractor. 2. Sewer systems shall not be used as drains for dewatering trenches or excavations, nor for disposal of collected or accumulated groundcover, without the approval of the agency of jurisdiction. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-5 3. Concrete shall not be poured in water, nor shall water be allowed to rise around concrete or mortar until it has set at least four hours. 4. The Contractor is responsible for meeting all Federal, State, and local laws, rules, and regulations regarding the treatment and disposal of water from dewatering operations at the construction site. D. Shoring and Shielding 1. The Contractor's design and installation of shoring shall be consistent with the rules, orders, and regulations of CAL-OSHA. 2. Excavations shall be shored, sheeted, and supported such that the walls of the excavation will not slide or settle and all existing improvements of any kind, either on public or private property, will be fully protected from damage. 3. The sheeting and shoring shall be arranged so as not to place any stress on portions of the completed work until the general construction has proceeded far enough to provide ample strength. 4. Care shall be exercised in the moving or removal of trench shields, sheeting, and shoring to prevent the caving or collapse of the excavation faces being supported. E. Correction of Overexcavation Over-excavations shall be corrected by backfilling with approved imported granular material or crushed rock, compacted to 90% relative compaction, as directed by the City. F. Foundation Stabilization 1. When unsuitable soil materials are encountered, the unsuitable material shall be removed to the depth determined necessary in the field by the Soils Technician, and as acceptable to the City. The sub-grade shall be restored with compacted Imported Granular Material or crushed rock as recommended by the Soils Technician. Place the appropriate bedding or base material on this restored foundation. 2. When rock encroachment is encountered, the rock shall be removed to a point below the intended trench or excavation sub-grade as determined necessary in the field by the Soils Technician, and as acceptable to the City. The sub-grade shall be restored with compacted Imported Granular Material as recommended by the Soils Technician. Place the appropriate bedding or base material on this restored foundation. 3. When excessively wet, soft, spongy, or similarly unstable material is encountered at the surface upon which the bedding or base material is to be placed, the unsuitable material shall be removed to the depth determined necessary in the field by the Soils Technician, and as acceptable to the City. Restore the trench with crushed rock enclosed in filter fabric as directed by the Engineer. Larger size rocks, up to 3-inches, with appropriate gradation, may be used if recommended by the Soils Technician. Place the appropriate bedding or base material on this restored foundation. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-6 G. Trench Excavation And Placement Of Bedding 1. Excavate the trench to the lines and grades shown on the drawings with allowance for 6-inches of pipe bedding material. The trench section shall be as shown on the Standard Drawings. 2. The maximum length of open trench shall be 500-feet except by permission of the City, City, or County. The distance is the collective length at any location, including open excavation and pipe laying, which has not been backfilled to the elevation of the surrounding gate. 3. Trench walls shall be sloped or shored per the requirements of CAL-OSHA. 4. The trench bottom shall be graded to provide a smooth, firm, and stable foundation that is free from rocks and other obstructions. 5. Place the specified thickness of bedding material over the full width of the trench. Grade the top of the pipe base ahead of the pipe laying to provide a firm, uniform support along the full length of pipe. 6. Excavate bell holes at each joint to permit proper assembly and inspection of the entire joint. 7. Trenches for main pipelines and all appurtenances shall be backfilled with the materials and methods as specified for the Pipe Zone, Trench Zone, and Pavement Zone. 8. Trench widths shall be in accordance with the Standard Drawings. 9. Trench depth shall be as required to install pipelines in accordance with the Approved Plans and these Standard Specifications. Unless shown otherwise in the Approved Plans, the minimum cover for pipelines shall be as follows: Pipeline Application Potable Water Recycled Water Sewer Minimum Cover Required 36-inches 48-inches 60-inches H. Manhole And Vaults 1. The Contractor shall prepare an excavation large enough to accommodate the structure and permit grouting of openings and backfilling operations. The walls of the excavation shall be sloped or shored per the requirements of CAL-OSHA. 2. Manholes and vaults shall be placed at the location and elevation shown on the plans, on undisturbed soil with 6-inches of compacted crushed rock base. 3. Manhole and vault excavations shall be backfilled with the materials and methods as specified for the Pipe Zone, Trench Zone, and Pavement Zone. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-7 I. Compaction Requirements 1. Compaction shall be accomplished by mechanical means. Consolidation by water settling methods such as jetting or flooding is prohibited. 2. If the backfill fails to meet the specified relative compaction requirements, the backfill shall be reworked until the requirements are met. All necessary excavations for density tests shall be made as directed by the Soils Technician, and as acceptable to the Engineer. The requirements of the Agency having jurisdiction shall prevail on all public roads. 3. Compaction tests shall be performed at random depths, and at random intervals not to exceed 150-feet, as directed by the Soils Technician or City. 4. Relative compaction shall be determined by the impact or field compaction test made in accordance with ASTM D 1557 Procedure C. 5. Unless otherwise shown on the plans, standard drawings or otherwise described in the specifications for the particular type of pipe installed, relative compaction in pipe trenches shall be as follows: a. Pipe zone - 90% relative compaction. b. Trench zone - 90% relative compaction. c. Structural section in paved areas - per agency requirements, 95% minimum. d. Imported Granular Material for over excavation or foundation stabilization - 90% relative density. 6. All excavations are subject to compaction tests. J. Trench Plugs Trench plugs shall be installed at 200-foot intervals along the entire length of piping systems. Trench plugs shall be 10-feet in length and shall encompass the entire pipe zone. Additional trench plugs may be required as directed by the Engineer. K. Pipe Zone Backfill 1. Care shall be taken in placing the imported granular backfill material simultaneously around the main pipeline and appurtenance pipes so that the pipe barrel is completely supported and that no voids or uncompacted areas are left beneath the pipe or on the sides of the pipe. Care shall be taken to place material simultaneously on both sides of the pipe to prevent lateral movement. This area shall be mechanically compacted to attain 90% relative density. Care shall be taken when compacting appurtenance laterals 2-inches and smaller to prevent the crushing or denting of the copper lateral. Additional lifts of 12-inches or less thickness may be required on 16-inch or larger diameter pipe to attain complete support of the haunch area. Soils tests may be taken on this layer or backfill. 2. After the spring line backfill has been approved by the Soils Technician, backfill of the remainder of the Pipe Zone may proceed. Do not drop sharp, heavy pieces of material directly onto the pipe or the tamped material around the pipe. SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-8 3. Place and compact the imported granular material at a maximum of 12-inch lifts. Compact all material placed in the Pipe Zone by mechanical methods. Sand cone tests shall be taken on this layer of backfill. 4. The use of a backhoe mounted compaction wheel is prohibited within the pipe zone to 12-inches above the top of the pipe. 5. Under no circumstances shall consolidation by water settling or water-setting methods (i.e., jetting, diking, etc.) be permitted. L. Trench Zone Backfill 1. After the Pipe Zone material has been placed, compacted, approved by the Soil Technician, and accepted by the City, backfill in the Trench Zone may proceed. 2. Compaction using vibratory equipment, tamping rollers, pneumatic tire rollers, or other mechanical tampers shall be performed with the type and size of equipment necessary to accomplish the work. The backfill shall be placed in horizontal layers of such depths as are considered proper for the type of compacting equipment being used in relation to the backfill material being placed. Each layer shall be evenly spread, properly moistened, and compacted to the specified relative density. The Contractor shall repair or replace any pipe, fitting, manhole, or structure damaged by the installation operations as directed by the City. M. Pavement Zone Backfill And Restoration 1. After the Trench Zone material has been placed, compacted, approved by the Soil Technician, and accepted by the City, backfill in the Pavement Zone may proceed as necessary in accordance with the requirements of the agency having jurisdiction. 2. Replace bituminous and concrete pavement, curbs, and sidewalks removed or damaged during construction in accordance with the requirements of the agency having jurisdiction. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3TRENCHING, EXCAVATION, BACKFILLING, AND COMPACTING HEMLOCK AVE SEWER REPLACEMENT 02223-9 SECTION 03000 CAST-IN-PLACE CONCRETE PART 1 GENERAL A. Description This section describes materials and methods for formwork, reinforcement, mixing, placement, curing and repairs of concrete, and the use of cementitious materials and other related products. This section includes concrete, mortar, grout, reinforcement, thrust and anchor blocks, valve support blocks, and manhole bases. B. Reference Standards The publications listed below form part of this specification to the extent referenced and are referred to in the text by the basic designation only. Reference shall be made to the latest edition of said standards unless otherwise called for. ASTMA185 - Specification for Steel Welded Wire Fabric, Plain, for Concrete Reinforcement ASTM A615/A615M - Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM C 150 - Specification for Portland Cement ASTM C 494 - Specification for Chemical Admixtures for Concrete ASTM C 881 - Specification for Epoxy-Resin-Base Bonding Systems for Concrete CRSI - Recommended Practice for Placing Reinforcing Bars SSPWC - Standard Specifications for Public Works Construction "Greenbook" C. Related Work Specified Elsewhere City of Carlsbad Engineering Standard Specifications 02223,15000, 15041, 15044, 15056, 15061, 15064, 15074, 15102, 15108, 15112, AND 16640 D. Applications The following materials, referenced in other sections, shall be provided and installed in accordance with this specification for the applications noted below: 1. Concrete for thrust and anchor blocks for horizontal and vertical bends, ductile-iron or steel fittings, fire hydrant bury ells, and support blocks for valves 4-inches and larger, all in accordance with the Standard Drawings. 2. Concrete for collars, cradles, curbs, encasements, gutters, manhole bases, protection posts, sidewalks, splash pads, and other miscellaneous cast-in-place items. 3. Mortar for filling and finishing the joints between manhole and vault sections and setting manhole grade rings and cover frames. Mortar may also be used for repairs of minor surface defects of no more than %-inch in depth of >2-inch in width on non-structural, cast-in-place items such as splash pads or concrete rings around manholes. (Note that large voids, structural concrete and pipe penetrations into vaults shall be repaired with non-shrink grout; repairs to precast manholes and vaults and cast-in-place manhole bases shall be repaired with an epoxy bonding agent and repair mortar, as outlined below). 4. Epoxy bonding agent for bonding repair mortar to concrete on repairs to damaged surfaces to precast or cast-in-place concrete manoles and vaults. SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-1 5. Repair mortar for repair to damaged surfaces of precast or cast-in-place concrete manholes and vaults. An epoxy bonding agent shall be used in conjunction with repair mortar. 6. Non-shrink grout for general purposes repair of large construction voids, pipe penetrations into vaults and grouting of base plates for equipment or structural members. 7. Epoxy adhesives for grouting of anchor bolts. 8. Protective epoxy coating for application to reinforcing steel with existing concrete structures exposed during construction. 9. Damp-proofing for application to the exterior surfaces of concrete manholes and vaults located at or below the water table or where showing evidence of moisture or seepage, and as directed by the Engineer. E. Delivery. Storage, and Handling Deliver reinforcing steel to the site bundled and tagged with identification. Store on skids to keep bars clean and free of mud and debris. If contaminated, all bars shall be cleaned by wire brushing, sand blasting, or other means prior to being set in forms. PART 2 MATERIALS A. Concrete 1. All Portland cement concrete shall conform to the provisions of Sections 201, 202, and 303 of the Standard Specifications for Public Works Construction (Greenbook). 2. Class 560-C-3250 concrete, as described in the Greenbook, Section 201, shall be used for all applications unless otherwise directed by the City. The maximum water/cement ratio shall be 0.53 by weight, and the maximum slump shall be 4-inches. 3. In certain circumstances, rapid-setting concrete may be required. Accelerating admixtures shall conform to ASTM C-494 and may be used in the concrete mix as permitted by the City. Calcium chloride shall not be used in concrete. B. Reinforcing Steel 1. Reinforcing steel shall conform to ASTM A 615, Grade 60. 2. Fabricate reinforcing steel in accordance with the current edition of the Manual of Standard Practice, published by the Concrete Reinforcing Steel Institute. C. Welded Fire Fabric Welded wire fabric shall conform to ASTM A 185. D. Tie Wire Tie wire shall be 16-gage minimum, black, soft annealed. E. Bar Supports Bar supports in beams and slabs exposed to view after removal of forms shall be galvanized or plastic coated. Use concrete supports for reinforcing in concrete placed on grade. F. Forms SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-2 1. Forms shall be accurately constructed of clean lumber. The surface of forms against which concrete is placed shall be smooth and free from irregularities, dents, sags or holes. 2. Metal form systems may be used upon City approval. Include manufacturer's data for materials and installation with the request to use a metal form system. G. Mortar Cement mortar shall consist of a mixture of Portland cement, sand, and water. One part cement and two parts sand shall first be combined, and then thoroughly mixed with the required amount of water. H. Epoxy Bonding Agent The epoxy bonding agent shall be an epoxy-resin-based product intended for bonding new mortar to hardened concrete and shall conform to ASTM C 881. The bonding agent shall be selected from the Approved Materials List. I. Repair Mortar Repair mortar shall be a two-component, cement-based product specifically designed for structurally repairing damaged concrete surfaces. The repair mortar shall exhibit the properties of high compressive and bond strengths and low shrinkage. A medium-slump repair mortar shall be used on horizontal surfaces, and a non-sag, low-slump repair mortar shall be used on vertical or overhead surfaces. Repair mortar shall be selected from the Approved Materials List. J. Non-Shrink Grout Non-shrink grout shall be a non-metallic cement-based product intended for filling general construction voids or grouting base plates for equipment or structural members. The non-shrink grout shall exhibit the properties of high compressive and bond strengths and zero shrinkage, and shall be capable of mixing to a variable viscosity ranging from a dry pack to a fluid consistency as required for the application. The non-shrink grout shall be selected from the Approved Materials List. K. Epoxy Adhesive Epoxy adhesive shall be a high-modulus epoxy-resin-based product intended for structural grouting of anchor bolts and dowels to concrete. The epoxy adhesives shall conform to ASTM C 881. A pourable, medium-viscosity epoxy shall be used on horizontal surfaces, and a heavy-bodied, non-sag epoxy gel shall be used on vertical surfaces. The epoxy adhesives shall be selected from the Approved Materials List. L. Protective Epoxy Coating The protective epoxy coating shall be an epoxy-resin-based product exhibiting high bond strength to steel and concrete surfaces, and shall conform to ASTM C 881. The protective epoxy coating shall be selected from the Approved Materials List. M. Damp-Proofing For Concrete Structures Damp-proofing material shall consist of two coats of a single-component self-priming, heavy-duty cold-applied coal tar selected from the Approved Materials List. PART 3 EXECUTION A. Formwork 1. The Contractor shall notify the City a minimum of one working day in advance of intended placement of concrete to enable the City to check the form lines, grades, and other required items before placement of concrete. SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-3 2. The form surfaces shall be cleaned and coated with form oil prior to installation. The form surfaces shall leave uniform form marks conforming to the general lines of the structure. 3. The forms shall be braced to provide sufficient strength and rigidity to hold the concrete and to withstand the necessary fluid pressure and consolidation pressures without deflection from the prescribed lines. 4. Unless otherwise indicated on the plans, all exposed sharp concrete edges shall be 3/4-inch chamfered. B. Reinforcement 1. Place reinforcing steel in accordance with the current edition of Recommended Practice for Placing Reinforcing Bars, published by the Concrete Reinforcing Steel Institute. 2. All reinforcing steel shall be of the required sizes and shapes and placed where shown on the drawings or as directed by the City. 3. Do not straighten or re-bend reinforcing steel in a manner that will damage the material. Do not use bars with bends not shown on the drawings. All steel shall be cold bent - do not use heat. 4. All bars shall be free from rust, scale, oil, or any other coating that would reduce or destroy the bond between concrete and steel. 5. Position reinforcing steel in accordance with the Approved Plans and secure by using annealed wire ties or clips at intersections and support by concrete or metal supports, spacers, or metal hangers. Do not place metal clips or supports in contact with the forms. Bend tie wires away from the forms in order to provide the concrete coverage equal to that required of the bars. If required by the Engineer, the Contractor shall install bars additional to those shown on the drawings for the purpose of securing reinforcement in position. 6. Place reinforcement a minimum of 2-inches clear of any metal pipe, fittings, or exposed surfaces. 7. The reinforcement shall be so secured in position that it will not be displaced during the placement of concrete. 8. All reinforcing steel, wire mesh, and tie wire shall be completely encased in concrete. 9. Reinforcing steel shall not be welded unless specifically required by the Approved Plans or otherwise directed by the Engineer. 10. Secure reinforcing dowels in place prior to placing concrete. Do not press dowels into the concrete after the concrete has been placed. 11. Minimum lap for all reinforcement shall be 40 bar diameters unless otherwise specified on the Approved Plans. 12. Place additional reinforcement around pipe penetrations or openings 6-inches diameter or larger. Replace cut bars with a minimum of 1/2 of the number of cut bars at each side of the opening, each face, each way, same size. Lap with the uncut bars a minimum of 40 bar diameters past the opening dimension. Place one same size diagonal bar at the SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-4 four diagonals of the opening at 45° to the cut bars, each face. Extend each diagonal bar a minimum of 40 bar diameters past the opening dimension. 13. Wire mesh reinforcement is to be rolled flat before being placed in the form. Support and tie wire mesh to prevent movement during concrete placement. 14. Extend welded wire fabric to within 2-inches of the edges of slabs. Lap splices at least 1-1/2 courses of the fabric and a minimum of 6-inches. Tie laps and splices securely at ends and at lest every 24-inches with 16-gage black annealed steel wire. Pull the fabric into position as the concrete is placed by means of hooks, and work concrete under the steel to ensure that it is at the proper distance above the bottom of the slab. C. Embedded Items All embedded items, including bolts, dowels and anchors, shall be held correctly in place in the forms before concrete is placed. D. Mortar Mixing The quantity of water to be used in the preparation of mortar shall be only that required to produce a mixture sufficiently workable for the purpose intended. Mortar shall be used as soon as possible after mixing and shall show no visible sign of setting prior to use. Re-mixing of mortar by the addition of water after signs of setting are evident shall not be permitted. E. Mixing And Placing Concrete 1. All concrete shall be placed in forms before taking its initial set. 2. No concrete shall be placed in water except with permission of the City. 3. As the concrete is placed in forms, or in rough excavations (i.e., thrust or anchor blocks), it shall be thoroughly settled and compacted throughout the entire layer by internal vibration and tamping bars. 4. All existing concrete surfaces upon which or against which new concrete is to be placed shall be roughened, thoroughly cleaned, wetted, and grouted before the new concrete is deposited. F. Concrete Finishing 1. Immediately upon the removal of forms, voids shall be neatly filled with cement mortar, non-shrink grout, or epoxy bonding agent and repair mortar as required for the application and as directed by the City. 2. The surfaces of concrete exposed to view shall be smooth and free from projections or depressions. 3. Exposed surfaces of concrete not poured against forms, such as horizontal or sloping surfaces, shall be screeded to a uniform surface, steel-trowelled to densify the surface, and finished to a light broom finish. G. Protection And Curing Of Concrete The Contractor shall protect all concrete against damage. Exposed surfaces of new concrete shall be protected from the direct rays of the sun by covering them with plastic film wrap and by keeping them damp for at least 7 days after the concrete has been placed, or by using an SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-5 approved curing process. Exposed surfaces shall be protected from frost by covering with tarps for at least 5 days after pouring. H. Repairs To Damaged Concrete Surfaces Minor surface damage to hardened cast-in-place or precast concrete may be repaired, at the discretion of the City, using the specified materials in accordance with the manufacturer's recommendations and the following procedures: 1. Cast-in-place or precast concrete for manholes and vaults: Remove loose or deteriorated concrete to expose a fractured aggregate surface with an edge cut to a ninety degree angle to the existing surface. Clean all debris from the area, apply a 20 mil coat of epoxy bonding agent to the prepared surface, and place repair mortar while the epoxy is still wet and tacky. On horizontal surfaces, for repair depths greater than 2-inches, add aggregate to the repair mortar as recommended by the manufacturer. On vertical or overhead surfaces, for repair depths greater than 2-inches, apply the repair mortar in successive lifts, scarifying the lifts, allowing them to harden, and applying a scrub coat of the material prior to proceeding with the next lift. Cure the material as for concrete in accordance with this specification. 2. General Purpose: Remove loose and deteriorated concrete by mechanical means, sandblasting, or high-pressure water blasting. Clean all debris from the area and apply non-shrink grout in a 1/4-inch minimum thickness, at the desired consistency, ranging from a dry pack, to a fluid-poured into a formed area, according to the application. Cure the material as for concrete in accordance with this specification. I. Epoxy Adhesives For Anchor Bolt Installation Anchor bolts grouted in place with an epoxy adhesive shall be installed using the specified materials in accordance with the manufacturer's recommendations and the following general procedures: Drill the hole with a rotary percussion drill to produce a rough, unpolished hole surface, the hole shall be sized to the manufacturer's recommendations and should be approximately 1/4-inch wider than the diameter of the bolt, with a depth equal to 10 to 15 times the bolt diameter. Remove debris and dust with a stiff bristle brush and clean using compressed air. Utilizing a medium-viscosity epoxy for horizontal surfaces, and a gel-type non- sag epoxy for vertical surfaces, apply the material to fill the hole to approximately half its depth. Insert the bolt, forcing it down until the required embedment depth and projection length are attained and then twist the bolt to establish a bond. Secure the bolt firmly in place in the permanent position until the epoxy sets. J. Protective Epoxy Coating Following core drilling at existing concrete structures, clean the exposed concrete surface and ends of reinforcing steel and apply two coats of protective epoxy coating for a total dry film thickness of 10-15 mils. Allow the material to cure between coats and prior to continuing the installation through the penetration. K. Damp-Proofing For The Exterior Of Concrete Structures Following completion of the exterior surfaces of manholes and vaults, including necessary repairs and piping penetrations into the structure, apply the specified material to prepared concrete surfaces in accordance with the manufacturer's recommendations. The surfaces to be coated shall be fully-cured and free of laitance and contamination. The material shall be applied to all exterior surfaces below a point 12-inches above the water table or indications of seepage or moisture as directed by the Engineer. Apply two 15 mil coats, curing between coats, prior to backfill and/or immersion in accordance with the manufacturer's recommendations. SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-6 L. Thrust And Anchor Blocks Concrete thrust and anchor blocks shall be poured against wetted, undisturbed soil in accordance with the Standard Drawings and as directed by the City. The concrete shall be placed so that fittings and valves will be accessible for repairs or replacement. Prior to filling the pipeline with water, the concrete for thrust and anchor blocks shall cure for the following number of days: Thrust Blocks Anchor Blocks 3 days minimum 7 days minimum 1. Safe Soil Bearing Load: Soil Muck, peat, etc.*** Soft Clay Fine Sand Decomposed Granite (D.G.) Sandy Gravel Cemented Sandy Gravel Hard Shale Granite Safe Bearing Load OPSF 500 PSF 1.000PSF 1,500 PSF 2,000 PSF 2,000 PSF 2,500 PSF 10,000 PSF ***ln muck or peat soils, competent resistance shall be achieved by removal and replacement with ballast or sufficient stability to resist the intended thrusts. Consult the project geotechnical consultant. 2. Thrust Block Placement and Sizing: Thrust blocks shall be located at all unrestrained pipe fittings and bear against firm, undisturbed soil. The thrust blocks shall be centered on the fitting so that the bearing area is exactly opposite the resultant direction of the thrust, refer to the Standard Drawings. Care shall be taken to prevent the placed thrust block concrete from eliminating maintenance access to the valve operators. All thrust block excavation location, shape, and the City prior to pouring the concrete shall verify size. The size, in sq. ft., of the thrust block can be calculated by dividing the thrust by the safe bearing load. For instance, use a 12-inch pipe, 45° end, at 200 psi test pressure with a D.G. trench the value of 11,720# of thrust can be obtained from the upper chart and 1,500#/sq. ft. safe bearing load from the lower chart as follows: 11,720# x 2 /1,500#/Sq. ft. = 15.6 sq. ft. or 16 sq. Therefore, for this example, the trench wall adjacent to the fitting shall be excavated to the dimensions of 4 ft. x 4 ft. or 3.5 ft. x 5 ft. or some closely approximate multipliers to achieve the minimum required 16 sq. ft. bearing area. 3. Anchor Block Placement and Sizing: For all vertical bends in pipelines (downward bends) that do not have restrained joints, the fittings shall be retained in place by means of an anchor block. The block shall be sized to withstand the thrust exerted for the particular deflection angle at the required SEPTEMBER 2011 HEMLOCK AVE SEWER REPLACEMENT CONTRACT 5503-3 CAST-IN-PLACE CONCRETE 03000-7 test pressure plus 10%. (Do not rely on the restraining benefit from the soil). The City shall verify the size chosen and the reinforcing steel required. The size, in cu. ft. of the anchor block can be calculated by dividing the thrust by the unit weight of concrete (i.e., one cu. ft. or concrete weighs approximately 145#). For instance, use the same 12-inch pipe, 45° bend, at 200 psi test pressure - the value of 11,720# of thrust can be obtained from the upper chart: 11,720#x2/145# = 162cu. ft. (plus 10%) = 178 cu. ft. or 6.6 cu. yd. Therefore, for this example, the anchor block shall be 5.5' x 5.5' x 6' or 6' x 6' x 5', or some closely approximate multipliers to achieve a minimum of 178 cu. ft. of concrete. M. Valve Support Blocks Valve support blocks shall be installed as described below and in accordance with the Standard Drawings: 1. Support blocks below valves shall be cut into the side of the trench a minimum of 12-inches. 2. Support blocks shall extend up to a height of adjoining pipe and shall have a minimum depth below the valve of 12-inches. 3. Support blocks shall be installed so that the valves will be accessible for repairs. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3 CAST-IN-PLACE CONCRETE HEMLOCK AVE SEWER REPLACEMENT 03000-8 SECTION 03460 PRECAST CONCRETE SEWER MANHOLES PART 1 GENERAL A. Description The CONTRACTOR shall provide precast concrete sewer manholes, also referred to as access holes, complete and in place, in accordance with the Contract Documents. B. Reference Standards Commercial Standards: 1. ASTM A 48 Gray Iron Castings 2. ASTM C 478 Precast Reinforced Concrete Manhole Sections 3. ASTM C 923 Resilient Connectors between Reinforced Concrete Manhole Structures, Pipes, and Laterals C. Related Work Elsewhere The CONTRACTOR shall refer to the following specification section(s) for additional requirements: 1. Trenching, Excavation, Backfilling and Compacting: 02223 2. Cast-ln-Place Concrete: 03000 3. Polyvinyl Chloride (PVC) Gravity Sewer Pipe: 15063 D. Contractor Submittals 1. General: Furnish submittals in accordance with GENERAL PROVISIONS. 2. Shop Drawings: a. Show dimensions, locations, lifting inserts, reinforcement, and joints. b. Structural design calculations. D. Quality Assurance Inspection: After installation, the CONTRACTOR shall demonstrate that manholes have been properly installed, level, with tight joints, at the correct elevations and orientations, and that the backfilling has been carried out in accordance with the Contract Documents. PART 2 MATERIALS A. Manholes 1. The CONTRACTOR shall provide precast manhole sections and conical sections conforming to ASTM C 478 and the requirements of this Section. Adjusting rings shall be SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-1 standard items from the manufacturer of the manhole sections. Minimum wall thickness of rings shall be 1/8 of the internal diameter of the riser or largest cone diameter. 2. Axial length of sections shall be selected to provide the correct total height with the fewest joints. 3. Conical sections shall be designed to support cast iron frames and covers under an H-20 loading, unless indicated otherwise. 4. Sewer manhole sections shall be cast without ladder rungs. 5. Design Criteria: Manhole walls, transitions, conical sections, and base shall be designed per ASTM C 478 for the depths indicated and the following: a. AASHTO H-20 loading applied to the cover. b. Unit weight of soil of 120 pcf located above all portions of the manhole. c. Lateral soil pressure based on saturated soil producing 100 pcf acting on an empty manhole. d. Internal fluid pressure based on weight of 63 pcf with manhole filled from invert to cover with no balancing external soil pressure. e. Dead load of manhole sections fully supported by the base and transition. f. The minimum allowable steel shall be hoops of No. 4 wire. Add reinforcing steel in walls to transfer stresses at openings. g. The minimum clear distance between the edges of any 2 wall penetrations shall be 12-inches or one-half of the diameter of the smaller penetration, whichever is greater. h. All manholes on sewer pipelines 15-inches in diameter or larger, all drop manholes, regardless of size and all forcemain terminal manholes shall be T-lock PVC lined including the bench, i. All manholes with incoming pipe slopes of 7% or greater shall be "T-lock" PVC lined, j. Where there is a slope change from steep to flat of 5% or greater, the manhole at the grade change and the next manhole upstream shall be PVC lined. 6. Joint sealing compound shall be a mastic-type material in a flexible rope or rolled form with removable wrapper sized to fit into the key manhole sections. 7. Concrete for base and channel formation shall be concrete conforming to Section 03000 - Cast-ln-Place Concrete. 8. Barrel section to sewer pipe connections shall be sealed with resilient connectors complying with ASTM C 923. Mechanical devices shall be stainless steel. 9. Drop manholes, if approved by the City Engineer, shall conform to the applicable provisions for precast manholes as specified herein. 10. Manhole Manufacturers, or Equal a. B&W Precast b. Mar-Con Products c. Ameron SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-2 B. Manhole Frames and Covers 1. Manhole frames shall be 36" in diameter with two concentric covers, made of cast-iron in accordance with ASTM A 48 Class 30 and the Standard Drawings. Covers shall incorporate a "pic-hole" for lifting purposes. a. Locking frames and covers may be required in areas located outside the public right of way, in remote areas or when determined by the City Engineer. 2. Frames and covers shall be designed for H-20 highway wheel loading. 3. Covers shall be cast with the words "CITY OF CARLSBAD" and "SEWER". No other lettering will be permitted on the top portion of the cover. 4. Casting shall be smooth, clean, and free from blisters, blowholes, and shrinkage. Mating surfaces of the frame and cover shall be machined to prevent movement of the lid. Frames and covers shall be match marked in sets before shipping to the site. 5. All castings shall be dipped twice in a preparation of asphalt or coal tar and oil applied at a temperature of not less than 290 degrees F nor more than 310 degrees F and in such a manner as to form a firm and tenacious coating. 6. Castings Manufacturers, or Equal a. Alhambra Foundry b. South Bay Foundry C. PVC Liner 1. Where a PVC lined manhole is shown, specified or required, the entire interior of the manhole shall be covered with white PVC liner as shown on Carlsbad Standard Drawing (CSD) S-1A. 2. Precast shaft sections, cone sections, and grade rings shall utilize PVC liner sheet with integrally cast PVC T-shaped extensions. 3. The channel of the cast-in-place base shall be formed and shall utilize PVC liner sheet with integrally cast PVC T-shaped extensions. The bottom 90-degrees of the channel shall remain unlined as shown on CSD S-1A. 4. T-shaped PVC liner sheets shall be a minimum of 0.065-inch in thickness. Locking extensions (T-shaped) of the same materials as that of the liner shall be integrally extruded with the sheet. The locking extensions shall be approximately 2.5-inches apart and shall be at least 0.375-inches high. 5. T-shaped liner sheets shall be placed with the "T"s run vertical. 6. The shelf of the manhole base shall be covered with PVC liner using one of the following two methods: a. Place PVC T-shaped liner sheets where the base is cast-in-place. SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-3 b. Place a PVC liner sheet after the base has cured utilizing the Arrow-Lock Lining system in accordance with the manufacturer's recommendations (Ameron protection Linings Division). 7. PVC Liner Manufacturers, or Equal a. Amer-Plate T-Lock Liner, Ameron Protective Linings Division PART 3 EXECUTION A. General 1. Pre-cast concrete sections shall be transported and handled with care in accordance with the manufacturer's written recommendations. Where lifting devices are provided in pre-cast sections, such lifting devices shall be used as intended. Where no lifting devices are provided, the CONTRACTOR shall follow the manufacturer's recommendations for lifting procedures to provide proper support during lifting. 2. The manhole base shall be poured in place against a minimum of 6-inches of 3/4" crushed rock base situated on undisturbed soil. The manhole stubs and sewer main shall be set before the concrete is placed and shall be rechecked for alignment and grade before the concrete has set. The various sized inlets and outlets to the manhole shall be located as indicated on the Approved Plans. The manhole base shall extend 9- inches below the bottom of the lowest pipe. Invert elevations of connecting sewers may vary depending upon sizes. When intercepting flows from smaller pipelines in manholes, set invert of the smaller mains at % of the depth of the larger main. The invert of the manhole base shall be hard worked so as to provide channels conforming in size and shape to the lower portions of the inlets and outlets. The channel shall vary uniformly in size and shape from inlet to outlet and be constructed higher than pipe as indicated on the Approved Plans. The manhole invert channels shall be smooth and accurately shaped. Channels may be formed directly in the concrete base. All transitions shall be smooth and of the proper radius to give an uninterrupted transition of flow. The concrete base shall be shaped with a wood float and shall receive a hard-steel trowel finish prior to the concrete setting. In the event additional mortar is required after initial set has taken place, the surface to receive the mortar shall be primed and the mortar mixed with "Willhold Concrete Adhesive" in the amounts and proportions recommended. The bases shall set a minimum of 24 hours before the manhole construction is continued. 3. Straight through channels in manholes with no tributaries may have SDR 35 PVC pipe installed though the manhole. The top section of pipe shall be removed flush with top of shelf. All cuts shall be neat and dressed minimizing burrs and rough edges. 4. Each manhole section shall be sealed with butyl rubber sealant rope (See Detail on Std Dwg S-1A) to make a watertight joint, shall be neatly banded on the inside and outside and shall be set plumb. All manholes shall be vacuum tested in accordance with the procedures specified herein in paragraph 3.3 and shown on Carlsbad Standard Drawing S-1A. SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-4 Sections of various height grade rings shall be used in order to bring the top of the manhole ring and cover to the elevation on the Approved Plans, but limited to a maximum of 18 inches of grade ring. The precast concrete manhole rings shall be jointed with a minimum thickness of Va inch of Portland cement mortar along with butyl rubber sealant rope. Mortar shall be composed of one part Portland cement to two parts clean well-graded sand of such size that all pass a No. 8 sieve. Preformed, cold applied ready-to-use plastic joint sealing compound may be substituted for mortar between units and shall be used when ground water is encountered. The finished elevations at which the manhole frames and covers are to be set shall conform to the requirements set forth in the Approved Plans. Where the frame and cover are in existing pavement or in the traveled way of the existing road shoulder, it is to be placed flush with the existing surface. When the structure is outside the limits of the traveled shoulder but not in the roadside ditch, it should be placed 1/10-foot above the existing ground surface. Where the manhole cover falls in the existing roadside ditch or easement right-of-way "offsite", it is to be placed approximately 6-inches above the existing ground surface. Manhole frames shall be set at the required grade and shall be securely attached to the top precast manhole shaft unit with a cement-mortar bed and fillet. After the frames are securely set in place, covers shall be installed and all necessary cleaning and scraping of foreign materials from the frames and covers shall be accomplished to ensure a satisfactory fit. 5. Damp-proof material shall be applied, when ground water is present or anticipated and at the discretion of the City Engineer, to the exterior surfaces of man-holes in accordance with the manufactures recommendations. The material shall be applied to all exterior surfaces below a point one foot above the water table or indications of seepage or moisture as directed by the Engineer. Use water-proofing material for exterior surface when below ground water, per Std Dwg S-1A or as required by Engineer. 6. Selected clean backfill material shall be used around all man-holes. It shall be compacted by pneumatic tampers as shown on Standard Drawing No. S-5, unless shown otherwise on the approved plans. 7. A concrete ring shall be cast around manhole frames to within 3" of finished grade and capped with asphalt, as shown on the Approved Plans. The ring shall be placed after the final grading or paving together with the final cleanup. B. Water-Tightness of Manholes It is the intent that all man-holes and appurtenances be water tight and free from infiltration. All man-hole joints shall use butyl rubber sealant material to provide a water tight seal and shall comply with the vacuum test requirements specified herein in paragraph 3.3 of this Section. Where manholes are to be given a protective lining or coating, they shall be free of any seeping or surface moisture. Sections of manholes below ground water levels or anticipated ground water levels shall have sealant material installed on the external surface per Std Dwg S-1A. C. Vacuum Testing of Manholes 1. All sewer manholes shall be vacuum tested in accordance with the requirements specified herein. SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-5 2. Vacuum testing equipment shall be as manufactured by P.A. Glazier, Inc. or approved equal. 3. Manholes shall be tested after assembly and prior to mortaring the joints or backfilling. In case of manholes incorporating a PVC liner, the testing is to take place prior to mortaring the joints, welding the liner seams between sections, and backfilling. 4. All lift holes shall be plugged with an approved grout prior to testing. All pipes entering the manhole shall be plugged and bracing installed to prevent the plug from being drawn into the manhole. The test head shall be placed inside the top of the cone section and the seal inflated in accordance with the manufacture's recommendations. A vacuum of 10 inches of mercury shall be drawn. The time shall be measured for the vacuum to drop 9-inches. The manhole shall pass the test if the time taken for the drop is greater than 60 seconds. If the manhole fails the test, necessary repairs shall be made and the test repeated until acceptable results are obtained. The leak(s) shall be located and repaired, according to the type of leak, with material-in-kind. D. Pull-Testing of PVC-Lined Manholes At the Engineers request, PVC-lined manholes shall have field-welded joints pull tested. Field welds shall withstand a pull test of at least 100 pounds per linear inch applied perpendicularly to the concrete surface for a period of one-minute without evidence of cracks or separation. This test shall be conducted at a temperature of 70°F to 80°F, inclusive. E. Holiday Testing of PVC-Lined Manholes PVC-lined surfaces shall be holiday tested with an electrical holiday detector as manufactured by Tinker and Rasor (model No. AP-W with power pack) with the instrument set at 20,000 volts and used as directed by the Engineer. All imperfections identified on the PVC lining shall be repaired and the test shall be repeated until no holidays are evident. F. Manhole Abandonment Sewer manholes shall have the cover and frame, concrete ring, grade rings and cone section removed. Inlet and outlet piping shall be plugged with concrete, manhole void shall be filled with sand, and a 12" thick, reinforced concrete slab shall be poured over the top of remaining manhole. The Contractor shall backfill the hole to ground surface with compacted select fill. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3 PRECAST CONCRETE SEWER MANHOLES HEMLOCK AVE SEWER REPLACEMENT 03460-6 SECTION 15043 TESTING OF GRAVITY SEWER PIPELINES PART 1 - GENERAL A. Description 1. The contractor shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated on the Drawings and specified herein. 2. This Section covers the performance of all pipeline flushing and testing, complete, for sanitary sewer system piping as specified herein and in accordance with the requirements of the Contract Documents. B. Related Work Specified Elsewhere Polyvinyl Chloride (PVC) Gravity Sewer Pipe: 15063 C. Reference Specifications, Codes And Standards Comply with the applicable reference specifications as specified in the general provisions. D. Contractor Submittals 1. Submittals shall be made in accordance with the general provisions. 2. The contractor shall submit in writing all proposed plans for testing, and for water conveyance, control and disposal, the contractor shall also submit written notice 48 hours in advance of the proposed testing schedule for review and concurrence of the engineer. PART 2 - PRODUCTS A. General Temporary valves, plugs, bulkheads, and other air pressure testing and water control equipment and materials shall be provided by the contractor subject to the engineer's review. No materials shall be used which will be injurious to pipeline structure and future function. Air test gages shall be laboratory-calibrated annually. At the discretion of the City Engineer, gages shall be recalibrated by a certified laboratory at the contractor's expense prior to the leakage test. PART 3 - EXECUTION A. General 1. Unless otherwise specified, water for testing will be furnished by the contractor; and, the CONTRACTOR shall make all necessary provisions for conveying the water from the AGENCY-designated source to the points of use. 2. Release of water from pipelines, after testing has been completed, shall be performed as directed by the engineer. 3. All testing operations shall be performed in the presence of the inspector. SEPTEMBER 2011 CONTRACT 5503-3 TESTING OF GRAVITY SEWER PIPELINE HEMLOCK AVE SEWER REPLACEMENT 15043-1 B. Sewer Pipe Cleaning 1. All sewer pipe shall be thoroughly flushed with clean water, from access-hole to access-hole with an appropriately sized inflatable ball. 2. All construction debris and water shall be removed from each access-hole prior to removal of expandable plugs. 3. Water used in flushing the new sewer mains and laterals shall not be discharged into the existing sewer system. C. Testing Of Pipeline 1. General: All gravity sewer pipes and service laterals shall be tested for exfiltration and/or infiltration and deflection, as specified. Sewer pipelines shall be backfilled prior to testing. All leakage tests of sanitary sewer systems shall be in conformance with SSPWC Section 306-1.4.1. 2. Water Exfiltration Test shall be in conformance with SSPWC Section 306-1.4.2. 3. Water Infiltration Test shall be in conformance with SSPWC Section 306-1.4.3. Unless otherwise specified, infiltration will be measured by the contractor using measuring devices approved by the engineer. 4. Air Pressure Test shall be in conformance with SSPWC Section 306-1.4.4. 5. At the contractor's option, joints may be air tested individually, joint by joint, with the use of specialized equipment. The contractor shall submit its joint testing procedure for the ENGINEER'S review and approval prior to testing. Prior to each test, the pipe at the joint shall be wetted with water. The maximum test pressure shall be 3.0 psi. The minimum allowable pressure drop shall be 1.0 psi over a 30-second test period. 6. Water Pressure Test shall be in conformance with SSPWC Section 306-1.4.5. 7. Deflection Test: All flexible and semi-rigid main line pipe shall be tested in accordance with SSPWC Sections 306-1.2.12 and 306-1.2.13 for deflection, joint displacement, or any other obstruction by passing a rigid mandrel through the pipe by hand, not less than 30 days after completion of the trench backfill, but prior to permanent resurfacing. The mandrel shall be a full circle, solid cylinder, or a rigid, non-adjustable, odd-numbered leg (9 leg minimum) steel cylinder, accepted by the engineer as to design and manufacture. The circular cross section of the mandrel shall have a diameter of at least 95 percent of the specified average inside diameter of the pipe and the minimum length of the circular portion of the mandrel shall be equal to the nominal diameter of the pipe. Obstructions encountered by the mandrel shall be corrected by the contractor. D. Closed Circuit Television Inspection 1. A closed circuit television inspection shall ne conducted of new sewer lines after sewer pipe cleaning and mandrel testing. SEPTEMBER 2011 CONTRACT 5503-3 TESTING OF GRAVITY SEWER PIPELINE HEMLOCK AVE SEWER REPLACEMENT 15043-2 2. Closed circuit television inspections shall be performed in accordance with the SSPWC, 500-1.1.5. Video documentation shall be provided in digital format (DVD). 3. All defects and evidence of reverse slope by ponding of water or dips in pipe alignment revealed by the closed circuit television inspection shall be repaired to the satisfaction of the City Engineer at the Contractor's expense. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3 TESTING OF GRAVITY SEWER PIPELINE HEMLOCK AVE SEWER REPLACEMENT 15043-3 SECTION 15063 POLYVINYL CHLORIDE (PVC) GRAVITY SEWER PIPE PART 1 - GENERAL A. Description This section designates the requirements for the manufacture and installation of polyvinyl chloride, abbreviated PVC, gravity sewer pipe to be furnished and installed by the Contractor, at the location and to the lines and grades shown on the Plans as herein specified. This work shall be in accordance with these specifications and the City of Carlsbad Standards for Sanitary Sewers. B. Reference Standards ASTM D2321 Underground Installation of Flexible Thermoplastic Sewer Pipe ASTM D2412 Pipe Stiffness Test ASTM D3034 PVC Sewer Pipe and Fittings (4" to 15") ASTM D3212 Joints for Drain and Sewer Plastic Pipe Using Elastomeric Seals ASTM F477 Elastomeric Gaskets for Joining Plastic Pipe ASTM F679 PVC Large Diameter Gravity Sewer Pipe and Fittings (18" to 27") UNI-B-5 Uni Bell Recommended Practice for the Installation of PVC Sewer Pipe C. Related Work Described Elsewhere The Contractor shall refer to the following Specification section(s) for additional requirements: 1. Trenching, Excavation, Backfilling and Compaction: 02223 2. Cast-ln-Place Concrete: 03000 3. Testing of Gravity Sewer Pipelines: 15043 D. Submittals The Contractor shall furnish submittals in accordance with the General Provisions. Submittals are required for the following: 1. Submit Shop Drawings, material lists, manufacturer's literature and catalog cuts and other information. 2. An affidavit from the pipe manufacturer including compliance with requirements of the Plans and Specifications shall be delivered with the pipe. E. Quality Assurance 1. The manufacturer of each shipment of pipe shall be required to supply a statement certifying that each lot or load of pipe has been subjected to the tests specified for PVC gravity sewer pipe. Tests shall show that the pipe has been found to meet all the requirements of ASTM D3034, F679, and/or F794 as applicable. 2. Sewer pipe shall be furnished in standard 14' or 20' lengths, unless otherwise detailed or required on the Approved Plans. Random lengths may be furnished but shall not exceed 15% of the total footage. 3. PVC pipe and couplings shall bear indelible identification markings as required by ASTM D3034, F679 and/or F794 and as follows: SEPTEMBER 2011 CONTRACT 5503-3 POLYVINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-1 4. All pipe, fittings, and couplings shall be clearly marked at an interval not to exceed 5' as follows: a. Nominal pipe diameter. b. PVC cell classification. c. Company, plant, date of manufacture, ASTM and SDR designation. Fittings and couplings do not require the SDR designation. d. Service designation or legend. 5. All pipe shall have home marks on the spigot ends to indicate proper penetration when joints are made. F. Delivery. Storage. And Handling 1. PVC pipe shall be stored in suppliers' yards and on the job site in accordance with AWWA M23 and the manufacturer's recommendations. PVC pipe that has been subjected to excessive ultraviolet radiation from the sun shall not be used. The determination as to the acceptability of PVC pipe faded by the sun's radiation shall rest solely with the City's Engineer. 2. Store PVC pipe in the field by supporting the pipe uniformly per AWWA M23. Do not stack pipe higher than 4' or stack the pipe with weight on the bell ends. Cover stored PVC pipe to protect it from the sun's ultraviolet radiation. Any pipe that has been contaminated with any petroleum products (inside or outside) shall not be installed. 3. Pipe and fittings shall be handled according to manufacturer's recommendations. Proper care shall be used to prevent damage in handling, moving, and placing the pipe. All pipe, fittings, and other pipeline materials shall be lowered into the trench in a manner that prevents damage. Pipe shall not be dropped, dragged or handled in a manner that will cause bruises, cracks, or other damage. PVC pipe or fittings that have been gouged or scratched shall be subject to rejection as determined by the City Engineer. PART 2 - MATERIALS A. General PVC gravity sewer pipe shall be made of PVC plastic having a cell classification of 12454-B, 13364-A, or 13364-B as defined in ASTM D1784. The fittings shall be made of PVC plastic having a cell classification of 12454-B, 12454-C, or 13343-C as defined in ASTM D1784. B. Pipe 1. PVC gravity sewer pipe, fittings, coupling and joints, 4-inch through 15-inch, shall be manufactured in conformance with the requirements of ASTM D3034, SDR 35 and shall have gasketed joints. All pipe shall be of solid wall construction with smooth interior and exterior surfaces. 2. PVC gravity sewer pipe, fittings, coupling and joints, 18-inch through 21-inch, shall be manufactured in conformance with the requirements of ASTM F679 with T-1 wall thickness and shall have gasketed joints. All pipe shall be of solid wall construction with smooth interior and exterior surfaces. 3. The minimum pipe stiffness for both small diameter and large diameter PVC gravity sewer pipe shall be 46 psi according to ASTM D2412. SEPTEMBER 2011 CONTRACT 5503-3 POLWINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-2 4. Pipe Manufacturer's, or equal a. J-M Manufacturing, Co. b. Certainteed Corp. c. Diamond Plastics C. Joints 1. The pipe shall be jointed with an integral bell gasketed joint that meets the requirements of ASTM D3212. The gasket shall be manufactured from a synthetic elastomer and factory installed in the belled end of the pipe. Gasket shall conform to ASTM F477. 2. All pipe shall have a homemark on the spigot end to indicate proper penetration when the joint is made. The socket and spigot configurations for fittings and couplings shall be compatible to those used for the pipe. PART 3 - EXECUTION A. General 1. At all times when the work of installing pipe is not in progress, including worker break times, close the ends of the pipe with a tight-fitting, vermin-proof and child-proof, cap or plug. Do not permit trench water to enter the pipe. Do not place tools, clothing, or other materials in the pipe. The Contractor shall maintain the interior of the pipe in a sanitary condition free from foreign materials. 2. Where pipe sections less than standard pipe lengths are required, the pipe sections shall be installed in accordance with the manufacturer's installation guide and shall only be used with the approval of the City Engineer. The minimum pipe length permitted is 5' when used to connect to manholes and cleanouts. The minimum pipe length permitted for stub outs shall be 36". B. Trenching, Backfilling And Compaction Trenching, bedding, backfilling and compaction operations shall be performed in accordance with Section 02223. C. Dewatering The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and dispose all water from any source entering trench excavations or other parts of the work in accordance with Section 02223. Any damage caused by flooding of the trench shall be the Contractors responsibility. Dewatering shall be performed by methods that will maintain a dry excavation, preservation of the final lines and grades and protection of all utilities. Sewer mains shall not be used as drains for dewatering construction trenches. If flooding or the trench does occur, the Contractor shall immediately dewater and restore the trench. Damaged or altered pipeline appurtenances or trench materials shall be repaired or replaces as directed by the Engineer. D. Pipeline Installation When the work requires and the size of the pipe allows entry of personnel into the pipe, the Contractor shall comply with all Federal and State regulations for confined space entry. Work inside SEPTEMBER 2011 CONTRACT 5503-3 POLYVINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-3 pipelines shall not be undertaken until all the tests and safety provisions of the Code of Federal Regulations 1910.146, and the General Industry Safety Orders of the California Code of Regulations, Title 8, Section 5159 for confined space entry have been performed and the area is verified as safe to enter. The Contractor shall furnish and install all pipe, specials, fittings, closure pieces, supports, gaskets, jointing materials, and all other appurtenances as shown and as required to provide a complete and workable installation. Pipe installation shall be as recommended in UNI-B-5 except as modified below and as shown on the Approval Plans. 1. Inspect each section of pipe prior to lowering the pipe into the trench. Thoroughly clean the ends of the pipe. Remove foreign matter and dirt from inside of the pipe and keep pipe clean during and after installation. 2. Install pipe according to the manufacturer's approved order of installation to the proper lines and grades as shown on the Approved Plans. a. Pipe shall be installed with pipe bells up-grade. Lay pipes uphill if the grade exceeds 10 percent (10%). b. Installation tolerances for the pipe shall not vary more than 2" horizontally or 1" vertically from the alignment and elevation shown on the Approved Plans. c. Install the pipe such that the identification markings on each pipe section are continuously aligned for the total length of the pipeline alignment. Orient the strip marking upwards to the 12 o'clock position (top) of the trench opening. d. Avoidance of reverse slope: Any pipeline installed with reversed slope, as evidence by ponding of water or sag, is not allowed. Any such pipeline shall be removed and replaced (at proper line and grade) to the nearest upstream and downstream sewer structure as directed by the City Engineer. 3. The pipe shall have firm bearing along its full length, and bell holes shall be provided at each joint to permit visual inspection of the joint and prevent the pipe from being supported by the bell and or coupling. 4. Field cutting and milling shall be accomplished to equal the quality of shop-fabricated ends in accordance with the manufacturer's written instructions. 5. Pipe Assembly: Assemble the pipe joint using the lubricant supplied by the pipe manufacturer. Insert the spigot end into the bell or coupling to proper insertion mark. Check that the elastomeric ring has not left the groove during assembly by passing a feeler gauge around the completed joint. Drive the spigot end into the bell in accordance with the manufacturer's recommendations. Stabbing shall not be permitted. 6. Pipe curvature shall comply with design requirements specified in Chapter 6 of Volume 1 of the Carlsbad Engineering Standards. Mechanical means shall not be used to accomplish bending. Bending should be done manually by workers in the trench. Curvature will be accomplished by bending the pipe rather than deflecting joints. 7. PVC wyes shall be located where shown on the Approved Plans in accordance with the Standard Drawings. Wyes shall not be placed closer than 5' from the exterior of any structure such as manholes. SEPTEMBER 2011 CONTRACT 5503-3 POLYVINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-4 E. Sewer Laterals 1. The Contractor shall install sewer laterals using wye-branch fittings sized and located as shown on the Approved Plans. 2. All sewer laterals that are to be left unconnected to a building lateral extension shall be capped and identified as shown on the Standard Drawings. 3. All sewer laterals shall run perpendicular from the sewer main to the property line. They shall be bedded, backfilled and compacted the same as the sewer main into which they connect in accordance with Section 02223. 4. All Sewer laterals shall be plugged or capped at the end of the last joint, to withstand the internal pressure during leakage and infiltration testing. F. Saddle Connections To Existing Sewer Mains The Contractor shall furnish the saddle fitting, appurtenances and all other materials necessary to complete the connection. The Contractor shall provide all equipment and labor required for the excavation and installation of the connection including, but not limited to backfill and pavement replacement. In certain circumstances the Contractor may be required to provide a water truck, bypass pump, and fittings as part of the equipment for making the connections. Emergency standby equipment or materials may be required of the Contractor by the City Engineer. Saddle connections to existing sewer mains for the tie-in of new sewer laterals shall be as follows: 1. Prior to construction, Contractor shall pothole the existing pipe at the location of the proposed connection. The City shall inspect the pothole prior to Contractor's repair of trench. Contractor shall record the following information on Record Drawings: a. Pipe size, outside diameter. b. Pipe type such as PVC or VCP. c. Elevation, grade, and alignment. d. Can the tie-in be made at the indicated location, assure no collars, pipe bells, fittings or couplings exist in the area of the connection. e. Potential conflicts with existing utilities. 2. To facilitate the proposed connection and allow for slight adjustment in alignment, the Contractor shall leave a minimum 10' gap between the new pipe installation and the proposed connection point at the existing main. The Contractor shall leave a gap longer than 10' if conditions warrant, or if directed by the Engineer. 3. After the City Engineer has given approval to proceed with the connection, the Contractor shall schedule the connection with the City Engineer. a. Tie-ins will be scheduled at the convenience of the City. Work may be scheduled for nights and weekends if required. b. The Contractor shall give the City Engineer a minimum of five (5) working days notice prior to any proposed excavation. Scheduling shall be subject to approval of the City Engineer. c. The City Engineer may postpone or reschedule the connection operation if, for any reason, the City Engineer believes that the Contractor is improperly prepared with competent personnel, equipment, or materials to proceed with the connection. SEPTEMBER 2011 CONTRACT 5503-3 POLYVINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-5 d. If progress in completing the connection within the time specified is inadequate, the City Engineer may order necessary corrective measures. Corrective measures may consist of directing City personnel or another contractor to complete the work. All costs for corrective measures shall be borne by the Contractor. 4. Contractor may proceed with the excavation and connection, only when approved materials are onsite, connection operations have been scheduled and a copy of the approved traffic control plan has been supplied to the City Engineer. a. The Contractor shall saw-cut pavement, excavate and provide and install shoring and steel plating, when necessary, one day prior to the wet tap or cut-in installation. b. The Contractor shall provide lights, barricades and traffic control in accordance with the Agency of jurisdiction as deemed necessary for the excavation by the City Engineer. c. After the City Engineer has given approval to proceed, the Contractor shall complete the installation as shown on the Approved Plan in accordance with Standard Specifications including: i. Installing the pipe section(s) necessary to make the closure to the new system, ii. Complete all backfill and compaction of the trench in accordance with Section 02223. iii. Make all pavement repairs and/or replacement as necessary in accordance with agency of jurisdiction requirements, iv. Discard pipe and appurtenances removed from service as specified in this Section, v. In lieu of a saddle connection, a wye connection may be made by cutting the sewer and installing a wye. All applicable provisions of this Specification will be adhered to in making a cut-in wye connection. G. Connection To Existing Sewer Systems 1. Connection to the existing sewer system at an existing manhole or dead end shall be made as shown on the Approved Plans in accordance with Section 03460. All work shall be performed in the presence of the City Engineer. 2. In order to prevent accidental use of the new sewer before completion and acceptance, the new inlet to the existing tie-in manhole and outlet of the new upstream manhole shall be sealed with expandable plugs. Installation of plugs shall be in accordance with the manufacturer's recommendations and as approved by the City Engineer. Plugs shall be removed at the time of final inspection or as directed by the City Engineer. H. Pipeline Abandonment 1. Sewer pipelines specifically identified to be abandoned in-place shall be slurry filled with a 2- sack cement slurry. All other inactive sewer lines shall be removed, unless directed otherwise by the City Engineer. 2. Sewer laterals shall be cut and capped at the main or property line, as directed by the City Engineer. END OF SECTION SEPTEMBER 2011 CONTRACT 5503-3 POLYVINYL CHLORIDE GRAVITY SEWER PIPE HEMLOCK AVE SEWER REPLACEMENT 15063-6 APPENDIX "A" CITY OF CARLSBAD SEWER WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its sewer infrastructure, your street will be impacted with a sewer improvement project. This construction will require the closing of portions of the street for trenching to remove and replace the existing sewer pipeline. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX from 7:OOA.M. to 5:00 P.M. Provide addition scheduling detail and project details: ABC is the Contractor that will be performing the work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. APPENDIX "B" North County Transit District Encroachment Permit Application Process N C T D Background North County Transit District (NCTD) was created in 1976 and owns the railroad right-of-way (ROW) from Orange County line to the Del Mar/San Diego border and from Oceanside to Escondido. NCTD maintains the ROW from Orange County to Santa Fe Depot and from Oceanside to Escondido. The ROW varies from 100-300 feet in width. Passenger and freight trains travel on the coastal ROW every day of the year at speeds up to 90 miles per hour. Passenger and freight trains travel on the inland ROW every day of the year at speeds up to 55 miles per hour. NCTD's Comprehensive Real Estate Policy NCTD may allow the use of the its real estate by public agencies, utilities, telecommunications companies, and others provided that the proposed use does not interfere with NCTD's current or planned use of the real estate. Applicants have the sole responsibility for relocating any improvements at their expense if necessary to accommodate NCTD's future use; they must reimburse NCTD for all costs associated with the proposed use; and they must pay fair market value for the use. Types of Encroachment Documents No matter the purpose, all entry on the ROW requires a permit. If permanent improvements are to remain in the ROW, either a License Agreement or Lease is also required. The Applicant must obtain a License or Lease from before a permit will be issued. a Joint Right-of Entry (JROE) permits, licenses and leases The Metropolitan Transit System ("MTS") owns the ROW located within the boundaries of the City of San Diego. Projects south of Del Mar require a Joint NCTD/MTS permit, additional review, cost and time to process. To obtain further details about JROE permits, licenses and leases, Applicants should contact MTS. a NCTD Right-of-Entry (ROE) Permit Applicants whose projects are in the City of Del Mar and locations north on the coastal ROW, or on NCTD's inland ROW, must obtain a ROE permit from NCTD prior to commencing work. A separate ROE permit is required each time work is performed. NCTD requires the Applicant to deposit the estimated amount of reimbursable costs; attend railroad safety training; provide evidence of liability insurance naming NCTD and other rail users as additional insured; and to meet other conditions determined by NCTD to be necessary to protect NCTD's real property and railroad operations, prior to issuance of the ROE permit. a NCTD License and Lease A License or Lease is required for any permanent improvement or facility that will be located on NCTD property, such as a fence, pipeline or aerial cable. The Licensee or Tenant must maintain the facility at their sole expense, relocate or remove the facility at their sole expense upon notice from NCTD, and maintain liability insurance naming NCTD and other rail users as additional insureds. The License or Lease contains other conditions as NCTD determines are necessary to protect NCTD's real estate and railroad operations. Licensees and Tenants will be required to pay fair value for the use of the property. Payment of fair market value is required for placement of private facilities, and public facilities which are constructed as part of a private project and dedicated to a member agency. Application Packages Applicants requesting permission to enter NCTD property estate must submit an application and obtain a Right-of-Entry Permit, a License, or both prior to commencement of the project or use. Completed applications must include three (3) sets of plans. Plans must show details of the proposed construction affecting the tracks and NCTD's real estate or facilities. The plans must show property lines, all rail facilities and distance to, below or above the rail. Rev. 04/08 North County Transit District Encroachment Permit Application Process C T D Three (3) sets of false work plans, false work removal plans, shoring plans, cribbing plans and calculations for false work, shoring or cribbing which are proposed to be located over, under or within 30 feet of tracks must be included with the general plans if not indicated elsewhere. Plans and calculations must be stamped by a registered Professional Engineer licensed in the State of California. Application Review Process NCTD departmental staff and consultants will review applications and plans to determine the potential impact upon NCTD real estate and operations. NCTD reviews applications and plans as staff time is available. The initial review may require 4 to 6 weeks from receipt of completed application. Generally, NCTD will communicate its provisional approval or denial via e-mail, telephone or letter within 45 days of receipt of completed application. Do NOT proceed if NCTD sends a denial letter! Re-submit to meet the criteria. If the application does not propose permanent improvements or facilities within the ROW, NCTD will prepare the ROE permit and send it to the Applicant for signature. The Applicant will sign and return the document with applicable fees. NCTD will execute the ROE permit and return a copy to the Applicant. If permanent improvements or a request to lease is proposed, NCTD will obtain a cost estimate for an appraisal and communicate that dollar estimate to the Applicant. The Applicant must pay for the appraisal. Upon completion of the appraisal and satisfactory acceptance of the valuation, NCTD will prepare and send the License or Lease to the Applicant for signature. The Applicant will sign the License or Lease. NCTD will execute the License or Lease and return a copy to the Applicant. First Submittal/Counter Help Counter help is available to guide the Applicant's first submittal and provide criteria the project must meet. Counter help is provided at no charge to the Applicant however, NCTD staff cannot design the Applicant's project. Extensive staff involvement or multiple meetings with staff or NCTD's consultants will be charged against the deposit (see "Deposit" below). Fees and Deposits a Application Fees A non-refundable application review fee of $250 must be included for consideration of any application. Payment of the application fee does not guarantee or imply NCTD's acceptance or approval of the proposed project or use. a Appraisal Fee If NCTD requires an appraisal to establish fair market value of the property, the Applicant must pay the cost of the appraisal. NCTD will obtain a cost estimate before the appraisal is conducted. a Right-of-Entry If the Applicant's project is approved, the Applicant will submit a non-refundable permit fee. The minimum permit fee is $ 1,000; in some cases the fee will be higher. a Deposit NCTD will consider the Applicant's project, and estimate the cost of flagging, inspection, contractor safety training, permit administration, construction oversight, and other anticipated NCTD expenses. NCTD will notify Applicant of the estimated cost of engineering review or appraisal fees prior to issuing a ROE permit. Applicant must deposit with NCTD such estimated amounts prior to the commencement of Applicant's work on the railroad property. Depending on the length and intensity of activity, additional deposits may be required. NCTD will promptly refund any unused deposit after completion of the work and clearing of all charges against it. Rev. 04/08 North County Transit District Encroachment Permit Application Process N C T a Exhibit or As-Built Fee Applicant must provide as-built drawings signed by the resident engineer for facilities that are permanently placed upon NCTD's ROW. NCTD may require a separate as-built deposit with each application for a License or amendment thereto. The deposit will be retuned in its entirety upon NCTD's satisfaction with the exhibit. a License Fees Licenses carry an annual fee. The nature, location and size of the facility determine the amount of this fee. Please refer to the fee schedule attached hereto. Insurance The ROE permit, License or Lease will specify the types, limits, and other insurance and indemnification requirements. Permitees, Licensees and Tenants will be required to provide a certificate of liability insurance naming NCTD and other rail users as an additional insured. Depending on the nature of the Project, separate Railroad Protective Insurance may be required. Flag Protection Flag protection by a rules-qualified railroad flagman is required for any work within 25 feet of the centerline of any track, or if equipment such as a crane or boom truck can reach into the airspace measured vertically at 25 feet of the centerline of any rail, or in any other instance wherein NCTD determines that the safety of the railroad may be jeopardized by the work. Flagging is provided subject to availability and is at Applicant's sole expense. Contractor Safety Training (CST) All persons working on the railroad property must attend NCTD's 2-hour safety training course. Each crew member will receive a safety manual and a hard-hat sticker valid for one year. NCTD charges a flat rate for CST regardless of the number of people the Applicant sends to a single class. Questions or Comments Further inquiries may be directed to Mr. Ed Singer, Real Estate Asset Administrator, NCTD, 810 Mission Avenue, Oceanside, CA 92054. (760)-966-6556 Rev. 04/08 North San Diego County Transit Development Board STANDARD ENCROACHMENT PERMIT APPLICATION NCTD USE ONLY e T n- NCTD PERMIT #FLAGGING CONTOL*NCTD Received Dale Application # APPLICANT: PLEASE COMPLETE ALL ITEMS BELOW; ATTACH PAGES, IF NEEDED MllePost Start MilePost End of Applicant Street Address of Project:Mailing Address: Applicant Telephone: Nearest Cross Street(s):Engineer/PM Other Identifying Remarks:PM/Eng. Address, If different PM/Englneer telephone/e-mail THIS IS AN EMERGENCY PROJECT Yes No Date: Commencement Date: Expected Completion Who wai do the work? (List all)Other agencies, entitles, companies involved :ully Describe the Project. Include five (5) sets of complete plans with specifications, calculations, maps, If applicable North San Diego County Transit Development Board STANDARD ENCROACHMENT PERMIT APPLICATION ^.'5?W£S^&^i:v. "<-* '"^e<smc<0«^,{<?heck4at)th^a0or^ > \ ,;:u;,:';^T~':?vrT Description/Notes USE Temporary Use Place a New Facility Located in Railroad Right-of-Way Located on Other NCTD Property New Construction Maintenance Work Improvement to Existing Facility Communications Line Drainage basin or culvert Electrical supply, guy wires or poles Hazardous Materials Clean up -figh pressure gas ine or valve work .andscaping Livestock crossing Monitoring Well Overhead Work, e.g. bridge or road Description/Notes USE Pedestrian Over/Underpass Private Crossing Public Crossing Repair to Existing Facility Sewer Signage Slope Work Storage of materials Storage of Rail cars Storage of vehicles Storm Water Drain Survey work Underground Work Utility relocation Wall, fencing, etc. Water Supply revised 04/08 Utility Crossings Estimated Fee Schedule '-,- ' '" *y$-'^, %.'i *? *~ v - •' - Electrical Electrical Electrical Electrical Natural Gas Natural Gas Pole, guy, or miscellaneous Telephone, cable, other Telephone, cable, other Sewer, water, storm drain pipeline Sewer, water, storm drain pipeline • . O/H O/H U/G U/G U/G U/G surface O/H U/G U/G U/G f i&i ' <69kV =>69kV <69kV =>69kV <=8" >8" n/a n/a n/a =<30" >30" $1,000 case by case $1,500 case by case $1,500 case by case $750 minimum $1,000 $1,500 $1,000 case by case One time fee •^?::;Wl'-*..';',,,',')fcfe " '"" i Sewer or water Sewer or water Storm drain : Location U/G U/G U/G or surface Size =< 12" >12" n/a ' J^lfc^fck.' - 4^&^fe'^t £iii** case by case case by case case by case * Longitudinal installations are evaluated on a case by case basis O/H = Overhead U/G = Underground ALL FEES ARE SUBJECT TO CHANGE BASED UPON PERMITEE'S SUBMITTED DESIGN