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HomeMy WebLinkAboutPortillo Concrete Inc; 2006-03-30; PWS06-13ENGDQC# 2007-0058798 \f Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JAN 26, 2007 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on November 16, 2006. 6. The name of the contractor for such work of improvement is Portillo Concrete, Inc. 7. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the Black Rail Road Improvements, Project No. 3954. Carlsbad Municipal Water District GLENN PRUIM Public Works Director VERIFICATION OF SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The Board of Directors of said District onjVuniKxiu^ o)^ 2007, accepted the above described work as completed and ordered that a Notice of-Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Wiaa^ ^ 2007, at Carlsbad, California. CARLSBAD MUNICIPAL WATER DISTRICT - crt- LORRAINE M. WOOD Secretary CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR BLACK RAIL ROAD IMPROVEMENTS CMWD PROJECT NO. 3954 CONTRACT NO. 3954 BID NO. PWS06-13ENG Revised: 10/08/03 Contract No. 3954 Page 1 of 115 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 16 Bidder's Bond To Accompany Proposal 17 Guide For Completing The "Designation Of Subcontractors" Form 19 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 21 Bidder's Statement Of Financial Responsibility 22 Bidder's Statement Of Technical Ability And Experience 23 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 24 Bidder's Statement Of Re Debarment 25 Bidder's Disclosure Of Discipline Record 26 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid : 28 Contract Public Works 29 Labor And Materials Bond 35 Faithful Performance/Warranty Bond 37 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 39 evised: 10/08/03 Contract No. 3954 Page 2 of 115 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 44 Section 2 Scope And Control Of The Work 2-3 Subcontracts 44 2-4 Contract Bonds 44 2-5 Plans And Specifications , 45 2-9 Surveying 47 2-10 Authority Of Board And Engineer 51 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 52 3-3 Extra Work 52 3-4 Changed Conditions 52 3-5 Disputed Work 53 Section 4 Control Of Materials 4-1 Materials And Workmanship 56 4-2 Materials Transportation, Handling and Storage 57 Section 5 Utilities 5-1 Location 57 5-4 Relocation 57 5-6 Cooperation 58 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 58 6-2 Prosecution Of Work 63 6-6 Delays And Extensions Of Time 63 6-7 Time of Completion 63 6-8 Completion And Acceptance 64 6-9 Liquidated Damages 64 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 64 7-4 Workers'Compensation Insurance 64 7-5 Permits 64 7-7 Cooperation and Collateral Work 65 7-8 Project Site Maintenance 65 7-10 Public Convenience And Safety 65 7-13 Laws To Be Observed 70 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 70 9-3 Payment 70 Revised: 10/08/03 Contract No. 3954 Page 3 of 115 Pages Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 73 Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete 75 Section 203 Bituminous Materials 203-6 Asphalt Concrete ,. 76 203-11 Asphalt Pavement Crack Sealants 77 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 79 206-8 Light Gage Steel Tubing And Connectors 81 206-9 Portable Changeable Message Sign 82 Section 207 Pipe 207-25 Underground Utility Marking Tape 84 Section 212 Landscape And Irrigation Materials 212-1 Landscape Materials 85 212-2 Irrigation System Materials 87 212-3 Electrical Materials 89 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing 91 300-13 Storm Water Pollution Prevention Plan 93 Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-1 Subgrade Preparation 95 301-2 Untreated Base '. 96 301-6 Soil Sterilant 96 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement 97 Section 303 Concrete And Masonry Construction. 303-1 Concrete Structures 99 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 100 Section 304 Metal Fabrication and Construction. 304-3 Chain Link Fence 100 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 100 306-5 Abandonment Of Conduits And Structures 104 Section 308 Landscape And Irrigation Installation Revised: 10/08/03 Contract No. 3954 Page 4 of 115 Pages 308-2 Earthwork And Topsoil Placement 104 308-4 Planting 105 308-5 Irrigation System Installation 108 308-6 Maintenance And Plant Establishment 110 308-7 Guarantee 110 308-8 Measurement And Payment 113 Section 313 Temporary Traffic Control Devices 313-2 Temporary Traffic Signing 113 313-4 Measurement And Payment 114 Appendix A) Notification Template B) SWPPP Template C) San Diego Gas & Electric Underground Conversion D) SBC California Underground Conversion INFORMATION FOR CONTRACTOR A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST: PHONE (760) 602-2460 B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS: Christopher Muehlbacher ASSOCIATE ENGINEER PHONE (760) 602-2736 Revised: 10/08/03 Contract No. 3954 Page 5 of 115 Pages CARLSBAD MUNICIPAL WATER DISTRICT NOTICE INVITING BIDS Sealed bids will be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California, 92008-7314, until 4:00 P.M. on the 11th day of October, 2005, at which time they will be opened and read, for performing the work as follows: The installation of full-width street improvements fronting the "D" Reservoir site including undergrounding of overhead utilities. CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS BID NO. PWS06-13ENG The work shall be performed in strict conformity with the specifications as approved by the Board of Directors of the Carlsbad Municipal Water District on file with the (Engineering) Department. The specifications for the work include the Standard Specifications for Public Works Construction 2003 Edition, and the supplements thereto.), all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The Carlsbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them,-or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the Escrow Agent. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed, including notarization where indicated are: Revised: 10/08/03 Contract No. 3954 Page 6 of 115 Pages 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgment of Addendum(s) 9. Certificate of Insurance, the riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) *Pursuant to California Public Contracts Code section 4104(a)(2)(A) receipt of portions of the information required on documents numbers four and five, above, may be submitted by the Bidder up to twenty-four (24) hours after the deadline for submitting bids contained in this "Notice Inviting to Bid". 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 $115.000 Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of 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" 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. Sets of plans, special provisions, and Contract documents may be obtained at the Cashier's Counter on the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to award of the contract neither addition to, modification of nor interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbadjnor may any bidder rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised: 10/08/03 Contract No. 3954 Page 7 of 115 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or 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. 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. 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 will be required for work on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars (5,000,000. 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing Revised: 10/08/03 Contract No. 3954 Page 8 of 115 Pages with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the Board of Director's is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, California, by Resolution No.1253, adopted on the 26th day of July, 2005. ISABELLE PAULSEN, CMC Deputy Clerk DATED: September 2, 2005 .evised: 10/08/03 Contract No. 3954 Page 9 of 115 Pages CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3954 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" BLACK RAIL ROAD IMPROVEMENTS Approximate Item Quantity Unit No. Description and Unit Price Total ot? A-1 Mobilization/Demobilization 1 LS $ &&bd~~ $ and preparatory work for all bid items at Dollars (Lump Sum) A-2 Clearing and Grubbing at 1 LS $ 3^{ OOP*" $ Dollars (Lump Sum) /A-3 AC Pavement Removal at 4,605 SF $ /• ' Dollars (Lump Sum) A-4 5" AC Pavement / Base 4,605 SF $ <*>- ' $ »? ^ Materials at Dollars per Square Foot Revised 10/08/03 Contract No. 3954 Page 10 of 115 Pages Addendum No. 1 Approximate Item Quantity Unit No. Description and Unit Price Total oo A-5 6" Curb & Gutter per SDRSD 347 LF $ <3.O'. $ Type G-2 at Dollars per Linear Foot A-6 Concrete Driveways per 1,042 SF $___». $_ SDRSD G-14a at Dollars per Square Foot CO A-7 4" PCC Sidewalk per SDRSD 1.403SF $ G-7at Dollars per Square Foot A-8 Full Raise of valve boxes and 4 EA $ <*j&O $ / QOp" monument boxes, ect. at faf-TV Dollars per Each A-9 Gravity Retaining Wall per 156SF $ S $ SDRSD C-9 (Type A) at Dollars per Square Foot A-10 Retaining Wall per SDRSD 334 SF $_ C-3 at ^ er 8qDollars per Square Foot oo and 412 LF $ ^ 7 Replacement at s-q 00 A-11 Fence Removal and 412 LF $ <* 7 — TV SJt per LinealDollars per Lineal Foot Revised 10/08/03 Contract No. 3954 Page 11 of 115 Pages Addendum No. 1 Item No. Description A-12 All work required for abandoning the 10" RW, including removal of the gate valve, blind flange, and compaction at Approximate Quantity and Unit 1 LS Dollars per Lump Sum A-13 5 Gallon Shrub at Dollars per Square Foot A-1 5 2" Layer of Bark Mulch at Dollars per Square Foot A-1 6 90 Day Plant Establishment Period at Dollars (Lump Sum) A-1 7 Complete Irrigation System, Installed including valves, spray heads, equipment, piping, sleeving, wiring, and trenching, ect. at 1 LS Dollars (Lump Sum) A-1 8 Traffic Control at 1LS Dollars per (Lump Sum) Unit Price Totaloo $ 00 63 EA $$ Dollars Each A-14 Soil Preparation, fine grading, 1.150SF $ / and fertilizer at 1.150SF $ 1 LS $ 3&OO $$ •y-ooo" $ Revised 10/08/03 Contract No. 3954 Addendum No. 1 Page 12 of 115 Pages OPENED, WITNESSED AND RECORDED: DATE SfSfllATUREl _ --> Total amount of bid for Schedule "A" Bid Items 1 through 18 in words: * S'tfX Total amount of bid forSchedule "A" Bid Items 1 through 18 in numbers:$ Price(s) given above are firm for 90 days after date of bid opening. 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 District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number fofeOHA , classification faIR/ G--*B which expires on (Q/^L /O^p \ and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the 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. Public Contract Code §10164. The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal Water District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Revised 10/08/03 Contract No. 3954 Page 13 of 115 Pages Addendum No. 1 Accompanying this proposal is <3 b<:ash, Certified Check, 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. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State Zip Code Telephone No. (Street and Number) (4) (5)E-Mail Address IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3)Place of Business City and State (4) Zip Code (5) E-Mail Address (Street and Number) Telephone No. Revised 10/08/03 Contract No. 3954 Addendum No. 1 Page 14 of 115 Pages IF A CORPORATION. SIGN HERE: (1) Name urjder which^usinessj is conducted r^)f4>l vlO (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business 'S6'2&> HfoTfts SV* (Street and Number) City and State _ \J&flW\ (5) Zip Code Telephone No. (6) E-Mail Address NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 10/08/03 Contract No. 3954 Page 15 of 115 Pages Addendum No. 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Name(s) ot Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence ComnMon<M345i28 MyPUMc-CoMo ton 0*90 County 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. 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 395V Acid _LTitle or Type of Document Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sigper Signer's Name: D Individual Corporate Officer — Title(s): 'CkPartner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: > 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, OA 91313-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toil-Free 1 -800-876-6827 License Detail Page 1 of2 California Home Welcometo Thursday, Octo! License Detail Contractor License # 680144 CALIFORNIA CONTRACTORS STATE JJCEN DISCLAIMER A license status check provides information taken from the CSLB license data base. Before 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 tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B&P' 7071J7, °n'y 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 ont Board's license data base. * * * Extract Date: 10/13/2005 Business Information PORTILLO CONCRETE INC 3528 HARRIS STREET LEMON GROVE, CA 91945 Business Phone Number: (619) 466-4639 Entity: Corporation Issue Date: 11/09/1993 Reissue Date: 10/24/2000 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description JB GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR C-8 CONCRETE * * *Bonding Information * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 10/13/2005 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 120743 in the arm $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) M. PORTILLO certified that he/she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 12/27/2001 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0014841 Effective Date: 10/21/2004 Expire Date: 10/21/2005 Workers Compensation History * * * Miscellaneous Information * * * Date I Description 10/24/2000 !jCENSE RE|SSUEp TQ ^ Personnel List [Ucense Number Request [Contractor Name Request [Personnel Name Request • Salesperson Request • Salesperson Name Request © 2005 State of California. Conditipns_p_fJJse Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 10/13/2005 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised: 10/08/03 Contract No. 3954 Page 16 of 115 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of dollars ($_ , this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the District provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised: 10/08/03 Contract No. 3954 Page 17 of 115 Pages r r ' ' •BOND: SU 5016951 n BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 3954 -| BLACK RAIL ROAD IMPROVEMENTS_j KNOW ALL PERSONS BY THESE PRESENTS: j That we. PORTILLO CONCRETE. INC. , as Principal, and ARCH INSURANCE COMPANY . as Surety are held and firmly bound unto the Carlsbad Municipal Water District, Carlsbad, California, —> in an amount as follows: (must be at least ten percent (10%) of the bid amount) TENj PERCENT OF THE AMOUNT BID-—-— for whjch payment( we|| ancj truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these ~-j presents. 1 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: :) BLACK RAIL ROAD IMPROVEMENTS, PROJECT 3954 ""I in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall duly enter into j and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of •-> the City of Carlsbad, being duly notified of said award, then this obligation shall become null and ' void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. j . - . 1 . '"'• . In the event Principal executed this bond as an individual, it is agreed that the death of Principal shaJI not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this __11TH day PRINCIPAL: PORTILLO CONCRETE, INC. of OCTOBER , CT 200.5 Revised: 10/08/03 Contract No. 3954 Paae 18 of 115 Panes 3 0 J (name of Principal) By: (sign here (print name here) (Title and Organization of Signatory) (signhere)Tint (print name here) Executed by SURETY this 10th day of October .]gK 20Q5 SURETY: Arch Insurance Company (name of Surety) 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 (address of Surety) (626) 639-5200 (telephone number of Surety) (signature of Attbrney-in^Fact) George A. Mtinana (title and organization ofjignatory) (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On QCTl personally appeared before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER George A. Munana NAME OF SIGNER(S) Personally known to me - or - D Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within ..f,^.^vn...^^^f instrument and acknowledged to me that he/she/they NATALIE BURKHART I executed the same in his/her/their authorized capacity(ies), Notat^pIiwilcaHfomia w and that by his/her/their signature(s) on the instrument the LOSANGEUSCOUNTY •* person(s), or the entity upon behalf of which the person(s) ""••** acted, executed the instrument. 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 reattachrnent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL/OWNER CORPORATE OFFICER TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Arch Insurance Company POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Adam Feinberg, Michael G. Hall, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park, Susan E. Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) \ . its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these .presents shall be as binding upon the said 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 in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority or therollowing resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed, by their * authorized officers, this 12th day of April . 2005 . Arch Insurance Company Attested and Certified Mary Jeanril AndersorTTVice President Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEALKATHLEEN MARCINKUS, Notary PublicCity of PMaddphia. Phila. CountyMy Commission Expires February 25.2006 _ CERTIFICATION Kathleen Marcinkus, Notary Public My commission expires 2-25-06 I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April12. 2005 on behalf of the person(s) as Hsfeo* above Is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and Company on this day of , 20 . OCT 10*005 Arch Insurance This Power of Attorney limits the acts of those named therein to the bonds andSjndertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013000303 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _>£? f\ On < Dale oersonallv appeared ss. l iff ZOQj before me, 'iO £ I J^/e>s*™ 7 JOSCHNA MARTWEZ Commkslon* 1346128 Notary PuWte - CcMcwto Son Otogo County MrComR talm Mar 2.! Name and Title of Offrar (e.g.. "Jane DoeJJotary Public") Name(s) of Signer(s| ^personally known to me D 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. Z& I 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: _ /£? / / / I O Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer """""7" '//Signer's Name: llr\C\ rC>1 D Individual ^Corporate Officer — Title(s): < D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Represen1ing:_ Number of Pages: ^ RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association *9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Tall-Free 1-800-876-6827 Company Profile Page 1 of 2 Company Profile ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800-821-5546 Former Names for Company Old Name: FIRST AMERICAN INSURANCE COMPANY DBA AMERICAN FIRST INSURANCE COMPANY Effective Date: 11-06-2002 Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 11150 NAIC Group #: 1279 California Company ID #: 3005-6 Date authorized in California: July 19, 1985 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MISSOURI 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 glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/27/2006 Company Profile Page 2 of 2 Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/27/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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 Board of Directors in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the Board of Directors shall be final. Revised: 10/08/03 Contract No. 3954 Page 20 of 115 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. levised: 10/08/03 Contract No. 3954 Page 21 of 115 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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* /*i*/& ^*JC.r*> G Subcontractor Name and Location of Business /^A*^-co^ir <*Tf+tc* Co. LAfrcrtv*, OA Amount of Work by Subcontractor in Dollars* =* «a/, 1 2-0 Subcontractor's License No.* Page J 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: 10/08/03 Contract No. 3954 Page 22 of 115 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO.3954 BLACK RAIL ROAD IMPROVEMENTS Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised: 10/08/03 Contract No. 3954 Page 23 of 115 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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 District to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person To Contract Type of Work Amount of Contract 352,000.00 ttfrtt *10000 $0$<« > foil ->,£> Revised: 10/08/03 Contract No. 3954 Page 24 of 115 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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: Comprehensive General Liability Workers Compensation Automobile Liability 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, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. (2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. evised: 10/08/03 Contract No. 3954 Page 25 of 115 Pages fUd c ACORD- CERTIFICATE OF LIABILITY INSURANCE ^SSf-P PRODUCER Rancho Mesa Insurance Agency 1810 Gillespie Way, Suite 108 -n Cajon CA 92020 hone: 619-937-0164 Fax:619-937-0168 INSURED Portillo Concrete Inc.3528 Harris StreetLemon Grove CA 91945 DATE (MWDD/YYYY) 03/06/06 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 iNsiiRFRA; Landmark American Ins Co INSURERS: Redwood Fire fc Casualty INSURER c: RSUI Indemnity Company INSURER D: . st«t» CovpuMtion Ins. rand INSURER E: NAIC# COVERAGES POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR A B C D B manNSHt X X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ~~| CLAIMS MADE | X | OCCUR GENT AGGREGATE LIMIT APPLIES PER: ~~| POLICY SI 38 FKoc AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY X | OCCUR [ | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPHIETOfi/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER PHYSICAL DAMAGE EeJEaaT.lliAJJIII'iil^BBMiri'fJIf ^^'.''/Jll {[//I ' i' .^"'jplEel LHA128498 CAA000306 NHA214672 CKRT ISSUBD BT flT&TB FUND CAA000306 07/29/05 05/29/05 07/29/05 10/21/05 05/29/05 07/29/06 05/29/06 07/29/06 10/21/06 05/29/06 LIMITS EACH OCCURRENCE UAMAUt 1 U HtN 1 tU PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTfAU1 1EH THAN EA ACC •OONLY: ^Q EACH OCCURRENCE AGGREGATE E.L E.L. WO'SIAIU- OTH- TORY LIMITS EH EACH ACCIDENT DISEASE -EA EMPLOYEE E.L. DISEASE • POLICY LIMIT $1,000,000 $50,000 $5,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ * , $ $ $1,000,000 $1,000,000 s $ $ $ $ $ COMP $500 DED COLL $500 DED RE; BLACK RAIL ROAD IMPROVEMENTS BID NO. PWS06-13ENG, PROJECT NO. 3954 PCI *A05-46 CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 ATTACHED AUTO ADDITIONAL INSURED ENDORSEMENT TO FOLLOW *10 days for non payment of premiumxai CERTIFICATE HOLDER CANCELLATION CARLSB2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF CARLSBAD DATE THEREOF. THE ISSUING INSURER wiLiaMJMBM MAIL *30 DAYS WRITTEN ^ PUBLIC WORKS DEPT NOTICE TO THE CERTIFICATE HOLDER NAIATTNt KEVIN DAVIS ••tiTnTHimnTTmn1635 FARADAY AVB !•••»•»»••* i IUIIUHLIMJILI i y ui j CARLSBAD CJk. 92008 •• • •«• • ••» AUTHORBEO WREMNTATIVE /^2&*<&~-~ BIWPffBPWI'WBIPJBIIIIWffliBIWBBi ACORD 25 (2001/08)fi ACORD CORPORATION 1938 This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL Gf NERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 07/29/05 forms part of Policy Number LHA128498 issued to portj||O Concrete Inc.by Endorsement No.: RSG 15001 0903 Includes copyrighted material of Insurance Services Office, Inc. 1984 (CG 2010 1185) with its permission COMPENSATION INSURANCE FUND POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-06-2006 GROUP: 000046 POLICY NUMBER: 0014841-2005 CERTIFICATE ID: 277 CERTIFICATE EXPIRES: 10-21-2006 10-21-2005/10-21-2006 SO CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD JOB:BLACK RAIL ROAD IMPROVEMENTS BID IPWS06-13ENG, PROJECT #3954 PSI IA05-46 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other documentwith respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. <*w* HORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARIO PORTILLO PRESIDENT CEO - EXCLUDED. ENDORSEMENT #1600 - TINA PORTILLO CFO SECRETARY - EXCLUDED. tm ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-21-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006-02-02 IS .ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD EMPLOYER PORTILLO CONCRETE, INC 3528 HARRIS ST LEMON GROVE CA 91945 SD (REV.2-05)PRINTED [B10.SD] 03-06-2006 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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: ByL (naflne of Conjtraeto/J (sign here) aUn / ame/title)(print name/title) Page of *_ of I pages of the Re Debarment form Revised: 10/08/03 Contract No. 3954 Page 26 of 115 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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 contractors license ever been stayed? x 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? X 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. 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 therefor. (If needed attach additional sheets to provide full disclosure.) \ IPage L of gA pages of this Disclosure of Discipline form BIDDER'S DISCLOSURE OF DISCIPLINE RECORD Revised: 10/08/03 Contract No. 3954 Page 27 of 115 Pages (CONTINUED) (To Accompany Proposal) CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS 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: l\ D (War eke. By: (sign here) (print name/title) Page Q. of ^> pages of this Disclosure of Discipline form Revised: 10/08/03 Contract No. 3954 Page 28 of 115 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS State of California County of > bein9 f'rst du|y sworn, deposes and says that(ne/>r she is. of \feSACJfln C (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 Jiis affidavit was executed on the U day of (VJ-Qtog*" ,3fi> Of^. Signature of Bidder Subscribed and sworn to before me on the // day of (NOTARY SEAL) JOSEHNA MARTINEZ Comnr*Han#> 348128 Notary PgUfc - CoKomta Son Otogo County Revised: 10/08/03 Contract No. 3954 Page 29 of 115 Pages CONTRACT PUBLIC WORKS This agreement is made this ^c day of /7/M^A-; , -19 • , by and between the Carlsbad Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and PORTILLO CONCRETE INC. whose principal place of business is 3528 HARRIS STREET LEMON GROVE CA 91945 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Black Rail Road Improvements, Project 3954 (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, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and the supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 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 evised: 10/08/03 Contract No. 3954 Page 30 of 115 Pages information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised: 10/08/03 Contract No. 3954 Page 31 of 115 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District and the City of Carlsbad, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District or 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 and District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City and District. Defense costs include the cost of separate counsel for City and District, if City or District request separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the District's policy for insurance as stated in Resolution No. 772. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District and City, or its agents, officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions: a. The District and 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 District or 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. Revised: 10/08/03 Contract No. 3954 Page 32 of 115 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the District and City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District or 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 District and 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 thirty (30) days' prior written notice has been given to the District by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District and 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 District or City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the Board of Directors in Resolution No. 772. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the District using the informal dispute resolution process described in Public Contract evised: 10/08/03 Contract No. 3954 Page 33 of 115 Pages 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 District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. (Initial) 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and tevised: 10/08/03 Contract No. 3954 Page 34 of 115 Pages clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or" Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACKED (CORPORATE SEAL) CONTRACTOR:DISTICT, a of California By: (sign here) S£ (print name and title) & President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel evised: 10/08/03 Contract No. 3954 Page 35 of 115 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of z^ag/c ^ O I, I,On Date personally appeared _ before n&*~ /<?r //^es- (e.g., "Jane D«e, Notary Public") 7>//o TJOSEF1NA MARTINEZ Commissior># 1345128 Notofv Public California ' San Diego County I My Comm. Expkes Mar 2, 2006 f Name(s) of Signer(s) [personally known to me oroved 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. IS my hand and / ^ijiature ofTJorai/ftjbli 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 Signer's Name: D Individual D Corporate Officer — Title(s): Partner — D Limited D General D Attorney-in-Fact D Trustee Guardian or Conservator D Other: Signer Is Representing: 3 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortti, CA 91313-2402 • vrow.NationalNotary.org Reorder: Call Toll-Free 1-800-876-6827 BOND NO. su 5019686 BOM I^EfM BASED ON PREMIUM $2,540.00 FML CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Resolution No. 1269, adopted FEBRUARY 21. 2006 , has awarded to PORTILLO CONCRETE INC. (hereinafter designated as the "Principal"), a Contract for: BLACK RAIL ROAD IMPROVEMENTS PROJECT 3954 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (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 for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, PORTILLO CONCRETE INC.. as Principal, (hereinafter designated as the "Contractor"), and ARP.H INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ONE HUNDRED SIXTY NINE THOUSAND THREE HUNDRED SIXTY Dollars ($169,360), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. \_ As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised: 10/08/03 Contract No. 3954 Page 38 of 115 Pages In the event that Contractor is ah 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 2ND MARCH day of i& 2006 CONTRACTOR: PORTILLO CONCRETE, INC. (name of Contractor) (sign here) MARIO PORTILLO, PRESIDNET (print name here) (Title .and Organization of Signatory) By: (sign here) (print name here) Executed by SURETY this 2ND day of MARCH i fg 2006 SURETY: ARCH TNSTTRANCK COMPANY (name of Surety) 135 N. LASi; ROBLES #825 PASADENA. CA 91101 (address of Surety) 626-639-5287 (telephone number of Surety) By: (signature of Attorney-in-Fact) MICHAEL:G.^HAXL.:,., ATTORNEY IN FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel Revised: 10/08/03 Contract No. 3954 Page 39 of 115 Pages CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On ^^ O ^ 8^before me, personally appeared Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER Michael G. Hall Personally known to me - or - NATALIE BURKHART COMM. #1462013 m Notary Public-California J2 LOS ANGELES COUNTY -» My Comm. Exp. Jan 11, 2008 ^ NAME OF SIGNER(S) 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. 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/OWNER CORPORATE OFFICER TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Arch Insurance Company POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Adam Feinberg, Michael G. Had, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park. Susan E. Morales, George A. Munana, Eric Schmatz and David A. EHassen of Pasadena, CA (EACH) ^ . • •its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be spHt Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke thte appointment at any time. The execution of such bonds and undertakings in pursuance, of the**'presents shal be as binding upon the said Company as fuBy and amply to afl Intents and purposes, as if the same had been duly'executed and acknowledged by its regularly elected officers at it* principal office in Kansas City, Missouri. - • - - .' Thte Power of Attorney Is executed by authority of resoMfcxw adopted by unanlrnro consent of tto the Company on March 3,2003. true and accurate copies of which are hereinafter set Ibrth and aie hereby certified to by the undersigned Secretary as being In fuH force and effect •VOTED, That the Chairman of the Board, the President or any Vk» F>resWent, or theh-^>polntB«s designated in writing and filed with the Secretary, or the Secretary shal have the power and authoffty to appoint agents and attorrwys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bond* and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." ;n »* :^i This Power of Attorney to signed, sealed and certified by facsimBe under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3.2003: VOTED. That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed wHh the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimle on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3,2003. and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shal continue to be valid and binding upon the Company. OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 12th day of April . 2005 . Arch Insurance Company Attested and Certified Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Mardnkus. a Notary Public, do hereby certify that Edward M. TKus and Mary Jeanne Anderson personaly known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEALKATHLEEN MARONKUS. Notary Pubfc wy 28, 2008 CERTIFICATION Kathleen Mardnkus, Notary Public My commission expires 2-25-06 I. Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that (he attached Power-** Attorney dated April 12. 2005 on behalf of the oerannfal a« Ha!^ ahoua te • tma «v« «vi»rf onpy a«H H»^ th« «. has been In full force and effect since the date thereof and to in full force and effect on the date of thto certificate; and I oo further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice PnssMent of the Arch Insurance Company. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and Company on thto day of , 20 . MAR 0 2 M08 Arch Insurance Thto Power of Attorney limits the acts of those named therein to the bonds and and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors ft Developers Group 135 N. Robles Ave., Ste. 825 Pasadena. CA 91101 igs specifically named therein 00 M LO013 00 03 03 Page 2 of2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On before me, personally appeared Name(s) of Signer(s) [^personally known to me D 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. WITNESS my hand and official sea 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 Signer's Name: D Individual D Corporate Officer — Title(s): 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:^ D1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Totl-Free 1-800-876-6827 BOND NO. SU 5019686 PREMIUM INCLUDED IN PERFORMANCE BOND IS SUBJECT TO FINAL AUDIT LABOR AND MATERIALS BOND WHEREAS, the Board of Directors of the City of Carlsbad, State of California, by Resolution No. 1269, adopted FEBRUARY 21. 2006 has awarded to PORTILLO CONCRETE INC. (hereinafter designated as the "Principal"), a Contract for: BLACK RAIL ROAD IMPROVEMENTS PROJECT 3954 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Board of Directors (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 PORTILLO CONCRETE INC.. as Principal, (hereinafter designated as the "Contractor"), and ARCH INSURANCE COMPANY as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of ONE HUNDRED SIXTY NINE THOUSAND THREE HUNDRED SIXTY Dollars ($169,360), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. Revised: 10/08/03 Contract No. 3954 Page 36 of 115 Pages Executed by CONTRACTOR this day of MARCH CONTRACTOR: POPTT7.T.O CONCRETE, INC. (name of Conlrjactor) ^-Si(sign here) MARIO PORTILLO. PRESIDENT (print name here) 2006 Executed by SURETY this 3RD day MARCH ™2006 of , ?8 . SURETY: ARTH TNSTTRANr.F. COMPANY (name of Surety) 135 N. LAS:. ROBLES #825 PASADENA, CA 91101 (address of Surety) 626-639-5287 (telephone number of Surety) By:. (title and organization of signatory) (sign here) "TTra By: (signature of Attorney-ifi-Fact) MICHAEL G. HALL. ATTORNEY IN FACT (printed name of Attomey-in-Fact) (print name here)(attach corporate resolution showing current power of attorney) (title andTOpganization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel D /] By: Deputy General Counse Revised: 10/08/03 Contract No. 3954 Page 37 of 115 Pages CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 0 2 2006 personally appeared before me, Natalie Burkhart//Notary Public NAME, TITLE OF OFFICER Michael G. Hall Personally known to me - or - NATALIE BURKHART COMM. #1462013 m Notary Public-California W LOS ANGELES COUNTY -"• MyComm.Exp.Jan11,2008 L NAME OF SIGNER(S) 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. 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 DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL/OWNER CORPORATE OFFICER TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Arch Insurance Company POWER OF ATTORNEY i know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company) does hereby appoint Adam Feinberg, Michael G. Han, Lawrence W. Carlstrom, Raymond E. Gail, Michael E. Cundiff, R.G. Park Susan E Morales, George A. Munana, Eric Schmalz and David A. Eliassen of Pasadena, CA (EACH) X its true and lawful Attomey(a)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be sptt into two or more bonds in order to brina each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance, of Inese presents shaH be as binding upon the said Company as fufly and amply to afl intents and purposes, as if the same had beer* duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. - :-, , «*nowi«meo Dy ra This Power of Attorney Is executed by authority of resolution adopted by urianimciwconssm of the Board of r^ the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certMed to bvthe undersigned Secretary as being In luH force and effect jr «*««» w oy •VOTED. That the Chairman of the Board, the President, or any Vice Pres Went, or their appointee* deskrated in wrWng and filed with the Secretary, or the Secretary snal have the power and authority to appoint agents and attomeys-ln-fact and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." V :• :;% This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3. 2003: ** B°"di "* PreaWent' «• *y vice President, or the* appointeesdesignated in writing and ffledwHh the Secretary, and the sigriature of the Vice President, the seal of the (^mpaw and certifications by the Vice President, may be affixed by facslmle on ariy power of attoniey or boral executed pu^^, execue pu the resolution adopted by the Board of Directors on March 3, 2003. and any such power so executed, sealed and certified with respect to any bond or undertaking to which ft is attached, shal continue to be valid and binding upon the Company OOML0013000303 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 12th day of April . 2005 . Arch Insurance Company '' , Attested and Certified •sohTVtee President Edward M. Titus. Vfce President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I. Kate Mardnkus, a Notary Public, do hereby certify that Edward M. Tttus and Mary Jeanne Anderson personaly known to ma to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing Instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCJNKUS. Notey PtttO CERTIFICATION Kathleen Mardnkus. Nftary Public My commission expires 2-25-06 I. Mary Jeanne Anderson, vice President of the Arch Insurance Company, do hereby certify that (he attached Power «fAitemaw dated Aoril12. 2005 on behalf t/the Deraon/g^aalJat^abow tea injaafytrrvr^^/^pya^ mat «K« ^ has been in full force and offsetsince the date thereof and is hi ltd force artf effect on the date of this certificate; and loo further certify that the said Edward M. Tttus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Ptfwer of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and Company on this _^ day of ,20 , HIAE1T2006 Arch Insurance This Power of Attorney limits the acts of (hose named therein to the bonds andHmdertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extant herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors ft Developers Group 135 N. Roblea Ave., Ste. 825 Pasadena, CA 91101 OOML0013000303 Page 2 of2 Printed in U.S.> CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '^^''C'^'^^'^OC^^I^S'O^^y^^'C^'C^'^^X^-iC^^ State of California < hCountvof •><*" Uf*f9/ / / On #3/22/^6 .before me. }ss. S$ fa C- 4&<*> , M>fcry /U^c, / Dfete _ Name and Title of Office'r (e.g., "Jane Dorf Notary Public") personally appeared /tfJ&f° f0rfi//0 <x*=/ ""/ft* $*-&//<> . Jgl3ai| ComnMonfMtTIW | \fiBp' tanDHgoOounly f1 ^^B^ MyComm.bpfcMD*c21,100)f Place Notary Seal Above Name(s) of Signer(s) 0'personally known to me D 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. WITNESS my hand and official seal. H*^ ^C / Signature o^otan^fublic <-»!-« TI XI » I A 1 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: D Individual n Corporate Officer — Titlefc): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: ^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^1 RIGH 1 1 HUMBrKIN 1 ^^^H^HJJ^^^H^^^^HI^h^^^^^^HH^^H^^^^H^H^^^^^H UK sif-iNF-k ^^^1 Top of thumb here €> 1999 National Notaiy Association • 9350 De Solo Ave.. P.O. Box 2402 • Ohatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call 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 Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the District and Contractor -for BLACK RAIL ROAD IMPROVEMENTS PROJECT 3954 in the amount of dated ' (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Revised: 10/08/03 Contract No. 3954 Page 40 of 115 Pages Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in ,the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the District certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature. Address _ For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature. Address Revised: 10/08/03 Contract No. 3954 Page 41 of 115 Pages At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District:Title MAYOR Name Signature. Address For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address Revised: 10/08/03 Contract No. 3954 Page 42 of 115 Pages City of Carlsbad Public Works October 5, 2005 ADDENDUM NO. 1 RE: BLACK RAIL ROAD IMPROVEMENTS BID NO. PWS06-13ENG, CONTRACT NO. 3954 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-273O • FAX (76O) 602-8562 From: No. of Pages: Date: Bid Opening Date: CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS Addendum No. 1 Christopher Muehlbacher, Project Manager Phone:(760)602-2736 Fax: (760) 602-8562 9 October 5, 2005 October 11, 2005 at 4:00 pm REVISIONS TO BID DOCUMENTS: SPECIFICATIONS: A. REPLACE pages 10 thru 15 with the attached pages 10 thru 15 footnoted as Addendum No. 1. The replacement pages reflect the deletion of previously included bid items. PLANS: A. REPLACE Sheet No. 2 providing additional note on Typical Section. B. REPLACE Sheet No. 3 deleting Construction Notes 4, 8, and 9. CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3954 BLACK RAIL ROAD IMPROVEMENTS CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3954 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE "A" BLACK RAIL ROAD IMPROVEMENTS Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Mobilization/Demobilization 1 LS $ $ and preparatory work for all bid items at Dollars (Lump Sum) A-2 Clearing and Grubbing at 1 LS $ $_ Dollars (Lump Sum) A-3 AC Pavement Removal at 4,605 SF $ $ Dollars (Lump Sum) A-4 5" AC Pavement / Base 4,605 SF $ $ Materials at Dollars per Square Foot Revised 10/08/03 Contract No. 3954 Page 10 of 115 Pages Addendum No. 1 Approximate Item Quantity Unit No. Description and Unit Price Total A-5 6" Curb & Gutter per SDRSD 347 LF $ $ Type G-2 at Dollars per Linear Foot A-6 Concrete Driveways per 1,042 SF $ $_ SDRSD G-14a at Dollars per Square Foot A-7 4" PCC Sidewalk per SDRSD 1.403SF $_ G-7at Dollars per Square Foot A-8 Full Raise of valve boxes and 4 EA $ $_ monument boxes, ect. at Dollars per Each A-9 Gravity Retaining Wall per 156 SF $ $_ SDRSD C-9 (Type A) at Dollars per Square Foot A-10 Retaining Wall per SDRSD 334 SF $ C-3at Dollars per Square Foot A-11 Fence Removal and 412 LF $ Replacement at Dollars per Lineal Foot Revised 10/08/03 Contract No. 3954 Page 11 of 115 Pages Addendum No. 1 Approximate Item Quantity Unit No. Description and Unit Price Total A-12 All work required for 1 LS $ $ abandoning the 10" RW, including removal of the gate valve, blind flange, and compaction at Dollars per Lump Sum A-13 5 Gallon Shrub at 63 EA $ $ Dollars Each A-14 Soil Preparation, fine grading, 1.150SF $ $_ and fertilizer at Dollars per Square Foot A-15 2" Layer of Bark Mulch at 1.150SF $ $_ Dollars per Square Foot A-16 90 Day Plant Establishment 1 LS $ $_ Period at Dollars (Lump Sum) A-17 Complete Irrigation System, 1 LS $ $_ Installed including valves, spray heads, equipment, piping, sleeving, wiring, and trenching, ect. at Dollars (Lump Sum) A-18 Traffic Control at 1 LS $ $ Dollars per (Lump Sum) Revised 10/08/03 Contract No. 3954 Page 12 of 115 Pages Addendum No. 1 Total amount of bid for Schedule "A" Bid Items 1 through 18 in words: Total amount of bid for Schedule "A" Bid Items 1 through 18 in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. 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 District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number , classification which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the 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. Public Contract Code §10164. The Undersigned bidder hereby represents as follows: 1. That no Board of Directors member, officer, agent, or employee of the Carlsbad Municipal Water District is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Revised 10/08/03 Contract No. 3954 Page 13 of 115 Pages Addendum No. 1 Accompanying this proposal is (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. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (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 Address 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 Address Revised 10/08/03 Contract No. 3954 Page 14 of 115 Pages Addendum No. 1 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _ (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail Address NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 10/08/03 Contract No. 3954 Page 15 of 115 Pages Addendum No. 1 '1I II "I? . SUPPLEMENTAL PROVISIONS FOR BLACK RAIL ROAD IMPROVEMENTS CONTRACT NO. 3954 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the Carlsbad Municipal Water District of Carlsbad, California. Board of Directors - the Board of Directors of the Carlsbad Municipal District of the City of Carlsbad. Revised: 10/08/03 Contract No. 3954 Page 43 of 115 Pages Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or his/her approved representative. Dispute Board - persons designated by the Executive Manager to hear and advise the Executive Manager on claims submitted by the Contractor. The Executive Manager is the last appeal level for informal dispute resolution. Engineer - the District Engineer of the Carlsbad Municipal Water District or his/her approved representative. The District Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the District Engineer of the Carlsbad Municipal Water District or his/her approved representative. Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised: 10/08/03 Contract No. 3954 Page 44 of 115 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Apts Bldg CMWD CSSD cfs Comm DR E G gal Gar GNV gpm IE LCWD MSL MTBM NCTD OHE OMWD ROW S SDNR SDRSD SFM T UE W VWD Word or Words Apartment and Apartments Building band Buildings Carlsbad Municipal Water District Carlsbad Supplemental Standard Drawings Cubic Feet per Second Commercial Dimension Ratio Electric Gas Gallon and Gallons Garage and Garages Ground Not Visible gallons per minute Invert Elevation Leucadia County Water District Mean Sea Level (see Regional Standard Drawing M-12) Microtunneling Boring Machine North County Transit District Overhead Electric Olivenhain Municipal Water District Right-of-Way Sewer or Slope, as applicable San Diego Northern Railway San Diego Regional Standard Drawings Sewer Force Main Telephone Underground Electric Water, Wider or Width, as applicable Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board of Directors 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 of Directors and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board of Directors shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who Revised: 10/08/03 Contract No. 3954 Page 45 of 115 Pages is listed in the latest version of U.S. Department of Treasury Circular 570." Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price . The Contractor shall provide bonds to secure payment of laborers and material suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable bu the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000. 2) Fifty percent (50%) of the total amount payable, by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable be the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and material suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the. Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the supplements thereto, hereinafter designated "SSPWC", as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of three (3) sets. The first set is designated as City of Carlsbad Drawing No. 416-4 and consists of seven (7) sheets. The second set is designated as San Diego Gas and Electric Undergrounding Plans and consists of one (1) sheet, Project No. 2777690. The third set is designated as SBC California Undergrounding Plans and consists of two (2) sheets, Project No. 5395637. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent edition of the Carlsbad Municipal Revised: 10/08/03 Contract No. 3954 Page 46 of 115 Pages Water District Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Addenda issued during the bidding process. , 3) City of Carlsbad Supplemental Provisions. 4) Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Regional Standard Drawings. d) San Diego Regional Standard Drawings. e) SDGE Undergrounding Plans (Included in Appendix). f) SBC California Undergrounding Plans (Included in Appendix). 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations 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. 2-5.3.3 Submittals, add the following: Furnish six (6) copies of each submittal. 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." e vised: 10/08/03 Contract No. 3954 Page 47 of 115 Pages By: Title: Date: Company Name: Except as may otherwise be provided herein, the Engineer will return prints of each submittal to the Contractor, with his comments noted thereon, within 30 calendar days following their receipt by the Engineer. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the second submission of a submittal item. The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer's review beyond the second submission. If 3 copies of a submittal are returned to the Contractor marked "NO EXCEPTIONS TAKEN" formal revision and resubmission of said submittal will not be required. If 3 copies of a submittal are returned to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision and resubmission of said submittal will not be required. If 1 copy of the submittal is returned to the Contractor marked "AMEND AND RESUBMIT", the Contractor shall revise said submittal and shall resubmit required number of copies of said revised submittal to the Engineer. If 1 copy of the submittal is returned to the Contractor marked "REJECTED-RESUBMIT", the Contractor shall revise said submittal and shall resubmit required number of copies of said revised submittal to the Engineer. Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The surveyor shall file corner record(s) as required by §§ 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: 10/08/03 Contract No. 3254 Page 48 of 115 Pages 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and data shall be clear and complete with name of the Surveyor, the party chief, field crew members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 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. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Revised: 10/08/03 Contract No. 3954 Page 49 of 115 Pages Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal © Signal Poles & Controller ® Junction Box ® Conduit ® Minor Structure © Abutment Fill Wall® Major Structure CD Footings, Bents, Stake Description © 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 RP + Marker Stake + Line Point +Guard Stake RP + Marker Centerline or Parallel to Centerline Spacing®, © <300m (10001), Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 15m (50') on tangents & < 7.5m (25'} on curves, Painted line - continuous Intervisible and < 1 5m (50') < 60 m (200') on tangents, < 15m (50') on curves when R> 300m (1000') & 7.5m (25') on curves when R< 300m (1000') < 15m (50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R< 300m (1000') < 7.5m (25') or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 7.5m (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 < 7.5m (25'), BC & EC, at %A, 1/aA & *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 < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression (D < 1 5 m (50') & along end slopes & conic transitions < 15 m (50') and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 3 m to 10 m (10' to 33') as required by the Lateral Spacing ®, © on street centerline at clearing line Grade Breaks & <7.6 m (25') N/A ( constant offset) N/A <6.7 m (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 as appropriate as appropriate Setting Tolerance (Within) 7 mm (0.02') Horizontal, also see section 2-9.2.1 herein 0.3m (1') Horizontal 30 mm (0.1') Verticals Horizontal 30mm (0.1') Horizontal 30 mm (0.1') Vertical & Horizontal 10 mm 0V) Horizontal & 7 mm (V4") Vertical 10 mm (%") Horizontal & 7 mm (V/) Vertical 10 mm C*/8") Horizontal & 7 mm (1/4") Vertical 10 mm (V) Horizontal & 7 mm (V4") Vertical 10 mm (V) Horizontal & 7 mm (1/4") Vertical 10 mm CV) Horizontal & 7 mm CU") Vertical 10 mm (J/8") Horizontal & when depth cannot be measured from existing pavement 7 mm (V) Vertical 10 mm (V) Horizontal & 7 mm (V4") Vertical (when vertical data needed) 30 mm (0.1') Verticals Horizontal 7 mm (V4") Horizontal & 7 mm (V4") Vertical 10 mm (V) Horizontal O»evised: 10/08/03 Contract No. 3954 Page 50 of 115 Pages Abutments & Wingwalls Superstructures Miscellaneous ® Contour Grading © Utilities ®, © Channels, Dikes & Ditches ® Signs ® Subsurface Drains ® Overside Drains ® Markers ® Railings & Barriers ® AC Dikes ® Box Culverts Pavement Markers® 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 Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 3 m to 10 m (10' to 33') sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns < 15m (50') < 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000') or where grade < 0.30% intervisible & < 30 m (100'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 1 5m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 1 5 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when R < 300m (1000'). At beginning & end and < 15 m (50') on angents & curves when R > 300m (10001) & < 7.5m (25') on curves when R < 300m (1000') At beginning & end 3 m to 1 0 m (1 0' to 33') as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 60 m (200') on tangents, 15m (50') on curves when R > 300m (1000') & 7.5m (25') on curves when R < 300m (1000') For PCC surfaced streets lane cold joints will suffice 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) & 7 mm C/A") Vertical 10 mm (V) Horizontal & 7 mm C/A") Vertical 30 mm (0.1') Vertical* Horizontal 10mm (V) Horizontal & 7 mm CU") Vertical 30 mm (0.1') Horizontal & 7 mm CU") Vertical 30 mm (0.1') Vertical & Horizontal 30mm (0.1') Horizontal & 7 mm (1/4") Vertical 30 mm (0.1') Horizontal & 7 mm C/A") Vertical 7 mm (V/) Horizontal 10 mm (V) Horizontal & Vertical 30 mm (0.1') Horizontal & Vertical 10 mm (V) Horizontal & 7 mm C/A") Vertical 7 mm C/A") 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 <5> Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Revised: 10/08/03 Contract No. 3954 Page 51 of 115 Pages 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, Ft/ 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. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 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 subcontractor's 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 the 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 of its subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. evised: 10/08/03 Contract No. 3954 Page 52 of 115 Pages SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge & 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 rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (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 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS, delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and Revised: 10/08/03 Contract No. 3954 Page 53 of 115 Pages 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 District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: : Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. Executive 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 Revised: 10/08/03 Contract No. 3954 Page 54 of 115 Pages appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the Executive Manager after which Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the Executive Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (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 vised: 10/08/03 Contract No. 3954 Page 55 of 115 Pages local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(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 evised: 10/08/03 Contract No. 3954 Page 56 of 115 Pages except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him 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. 4-1.6 Trade names or Equals, delete the following phrase: "Unless otherwise authorized by the Engineer, the substantiation of offers must be submitted within 35 days after the award of Contract." add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, avaHability 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. Revised: 10/08/03 Contract No. 3954 Page 57 of 115 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING & STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quality 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. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Delete the first paragraph and substitute the following: 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 request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: San Diego Gas & Electric (SDG&E) will remove the power poles per the SDGE plan after the undergrounding work is completed. Contractor shall coordinate with SDG&E for the removal of the poles upon completion of the wiring and powering of the new undergrounding by SDG&E. Contractor shall protect the existing power poles during all phases of the contract." Add the following: Contractor shall coordinate with SBC California to facilitate the undergrounding work required by the SBC plan. Add the following: Contractor shall coordinate with Crowne Castle for construction impacting access to the cell tower area. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within_ Revised: 10/08/03 Contract No. 3954 Page 58 of 115 Pages 1 0 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1 .3.3 Electronic Media. Add the following section: 6-1 .2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. Trie Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-1 .2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1 .2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5") data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a "Suretrak", "Project" or evised: 10/08/03 Contract No. 3954 Page 59 of 115 Pages equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The location dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual timespan of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor Revised: 10/08/03 Contract No. 3954 Page 60 of 115 Pages complies with the requirements of these special provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these special provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 31/2" high density diskette, labelled with the project name and number, the Contractor's name and the date of preparation of the evised: 10/08/03 Contract No. 3954 Page €1 of 115 Pages schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review arid acceptance of the Contractor's change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". Add the following section: 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. Add the following section: Revised: 10/08/03 Contract No. 3954 Page 62 of 115 Pages 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 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: construction of full-width street improvements fronting the "D" Reservoir Site on Black Rail Road including curb, gutter, sidewalk, and retaining walls; installation of underground conduit; coordination with utility companies in undergrounding over-head utilities; and removal and replacement of chain link fencing . Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-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", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor evised: 10/08/03 Contract No. 3954 Page 63 of 115 Pages shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of nine hundred Dollars ($900.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $900.00 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. SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct Revised: 10/08/03 Contract No. 3954 Page 64 of 115 Pages business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in 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 therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control, Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 99-08-DWQ, NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped Revised: 10/08/03 Contract No. 3954 Page 65 of 115 Pages with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor 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 adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. 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 tie entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: At least 5 working days prior to closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 438-1161 X-4411 2) Carlsbad fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (769)931-2197 Revised: 10/08/03 Contract No. 3954 Page 66 of 115 Pages 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760) 438-1161 X-4500 6) North County Transit District (760) 743-9346 7) Coast Waste Management (760) 929-9400 8) Crowne Castle USE {60S) 620-1653 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6 for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed witti fluorescent traffic cones or portabJe delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Revised: 10/08/03 Contract No. 3954 Page 67 of 115 Pages Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the. Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 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 he has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 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 Chapter 5 of the Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the evised: 10/08/03 Contract No. 3954 Page 68 of 115 Pages Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item for the cost of labor and material for portable concrete barriers, they will be paid as an incidental to the work being performed, and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible evised: 10/08/03 Contract No. 3954 Page 69 of 115 Pages materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods, shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer-will make a Final Payment Estimate and process a corresponding payment. The 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 evised: 10/08/03 Contract No. 3954 Page 70 of 115 Pages time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization shall not exceed fifteen thousand dollars ($15,000.00), and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Revised: 10/08/03 Contract No. 3954 Page 71 of 115 Pages Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. vised: 10/08/03 Contract No. 3954 Page 72 of 115 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" 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(8). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mm(3/4") 12.5-mm(V2") 9.5-mm (3/8") 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 TypeB 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(6) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mm(3/4") 9.5-mm (3/8") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-Mm (No. 30) 300-Mm (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised: 10/08/03 Contract No. 3954 Page 73 of 115 Pages 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 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 Win. 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: 10/08/03 Contract No. 3954 Page 74 of 115 Pages SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) <2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a W continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Revised: 10/08/03 Contract No. 3954 Page 75 of 115 Pages Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPM"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203- 6.3 of the standard specifications for public works construction and these special provisions. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. vised: 10/08/03 Contract No. 3954 Page 76 of 115 Pages 2. Stability1 using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be class ARHM-GG-C. Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-13.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-13(A). ivised: 10/08/03 Contract No. 3954 Page 77 of 115 Pages TABLE 203-13.1 (A) ELASTOMERIC SEALANT CHARACTERISTICS Property Hardness (indentation) Tensile Strength Elongation Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant Measuring Standard (ASTM Designation) ASTM D 2240 Rex, Type A, Model 1 700 ASTM D 412 Die C, ASTM D 41 2 Die C, 0.6 mm (25 mil) Free Film Bend (180°) ASTM D 822 Weatherometer 350 h ASTM B 117 28 days at 38°C ASTM D 150 Results 65-85 3.45 MPa, minimum 400%, minimum No cracks Slight chalking 3.45 MPa, minimum tensile; 400% minimum Elongation Less than 25% change Conditions 25°C @ 50% relative humidity pulled at 508 mm (20") per minute pulled at 508 mm (20") per minute over 13 mm (V2") Mandrel Cured 7 days at 25°C <@ 50% relative humidity 5% NaCI, Die C, pulled at 508 mm (20") per minute over a temperature range of -30-^C to 50-^C 203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C <45'F). 203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 203-13.3(A). TABLE 203-13.3(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 ASTM D 36 ASTMD 113 ASTM D 92 ASTM D 4402 Results 3.5 mm, max. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C, 150g,5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, Revised: 10/08/03 Contract No. 3954 Page 78 of 115 Pages SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of 10-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.1.2 Sign Identification. Modify the "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" as follows: Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", except that the notation shall be "PROPERTY OF THE CITY OF CARLSBAD". Add the following section: 206-7.1.3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or Revised: 10/08/03 Contract No. 3954 Page 79 of 115 Pages 12-gage cold-rolled steel perforated tubing posts.- The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 ' Revised: 10/08/03 Contract No. 3954 Page 80 of 115 Pages edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (71). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In Revised: 10/08/03 Contract No. 3954 Page 81 of 115 Pages addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(6). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Mm (inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57 x 57 64x64 51 x76 (1x1) (1V4X1V4) (1V2X1V2) (13/4x13/4) (2x2) (23/16x23/16) (2Y4 x 2V4) (2V2x2V2) (2x3) Outside Tolerance for All Sides at Corners mm (inches) 0.13 0.15 0.15 0.20 0.20 0.25 0.25 0.25 0.25 0.005 0.006 0.006 0.008 0.008 0.010 0.010 0.010 0.010 TABLE 206-8.2(6) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension mm (Inches) 25x25 32x32 38x38 44x44 51 x51 56x56 57x57 64x64 51 x76 (1x1) (1-1/4X1-V4) (1-V2x1-V2) (1-3/4x1-3/4) (2x2) (2-3/16x2-3/16) (2-V4x2-V4) (2-V2 x 2-V2) (2x3) Squareness111 mm (Inches) 0.15 0.18 0.20 0.25 0.30 0.36 0.36 0.38 0.46 0.006 0.007 0.009 0.010 0.012 0.014 1.014 0.015 0.018 Twist Permissible in 900 mm (3") mm(2) (Inches)'2* 1.3 1.3 1.3 1.6 1.6 1.6 1.6 1.9 1.9 0.050 0.050 0.050 0.062 0.062 0.062 0.062 0.075 0.075 (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM B-633, Type III Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall vised: 10/08/03 Contract No. 3954 Page 82 of 115 Pages be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (71) above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (15001) and shall be legible from a distance of 230 m (7501), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. Revised: 10/08/03 Contract No. 3954 Page 83 of 115 Pages SECTION 207 - PIPE Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 2074>5(A) and 207- 25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTMD2103 ASTM D882 ASTM D882-88 ASTM D2578 ASTMD671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Boiling H2O at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056") 4500g/cm (25 Ibs/inch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1 .5#/R Five hours without peel See Table 207-25.1 (B) TABLE 207-25.1(6) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Red Yellow Orange Blue Green Brown Purple Utility Marked Electric power, distribution, transmission, and municipal electric Gas and oil distribution and transmission, dangerous materials, systems. product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. evised: 10/08/03 Contract No. 3954 Page 84 of 115 Pages C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.1 Topsoil. 212-1.1.1 General. Add the following Unless otherwise specified on the Plans or required by the City Engineer, topsoil shall be Class "C" in accordance with the requirements of 212-1.1.4, Imported soil, if required, shall be Class "A" topsoil in accordance with the requirements of 212-1.1.2. 212-1.2.3 Commercial Fertilizer, add the following: Preplant fertilizer shall be granular commercial fertilizer 12-12-12 (N-P-K) or approved equal. Postplant fertilizer shall be 14-7-3 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed, slow-release fertilizer tablets with a 20-10-5 analysis in twenty-one (21) gram sizes. 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(6): Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Property Dry Weight Nitrogen Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #1 6 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #1 00 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH Wettability Minimum (D 100% 95% 45% 30% 0% 0% (D 0.08% 0% 6.0 (D Maximum (D 100% 100% 65% 40% 10% 2% (D— 6.0% 7.0 (D (1) (As Required by Table 212-1.2.4(A) SSPWC) levised: 10/08/03 Contract No. 3954 Page 85 of 115 Pages For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on- going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch. Add the following: Bark mulch shall be shredded cedar, pine, or fir bark or approved equal commercial mulch product. Typiucal mulch size shall be three inches by one-hald inch <3" x Vz"). Submit two samples to the City Engineer for approval by the Landscape Architect prior to installation. The material shall be free of seeds debris and deleterious materials, and shall have a rich brown color when supplied. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs ' and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually fagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants Revised: 10/08/03 Contract No. 3954 Page 86 of 11 5 Pages is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (10") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm {2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water" in 16 mm (5/8n) I Revised: 10/08/03 Contract No. 3954 Page 87 of 115 Pages high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (1/2") to 50 mm (2") shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A orC. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-um mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-um strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-160V), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5' to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 10/08/03 Contract No. 3954 Page 88 of 115 Pages 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plan's. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm (5/8") diameter by 3 m (10') long stainless steel grounding rod and a 50-ohm resistance lightning arrester. Add the following section. 212-3.4 Irrigation Electrical Service Equipment and Enclosures. Electrical service equipment shall incorporate the following elements: 1. One 100-amp, 120/240-volt, single-phase load center, as approved by the Engineer; 2. One 100-amp rated commercial meter socket suitable for the San Diego Gas and Electric Company meter, with provision for test block bypass having a UL listing and EUSERC approval; 3. One 15-amp circuit breaker for each irrigation controller energized by the service; 4. One 20-amp circuit breaker for the duplex receptacle. 5. The design, assembly, grounding, wiring, and components of the irrigation electrical service equipment and enclosure shall meet the requirements of the 1996 edition of the National Electrical Code. 6. Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-gage, or heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushed finish; anchoring points shall be inside the enclosure. 7. The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal. Revised: 10/08/03 Contract No. 3954 Page 89 of 115 Pages 8. The cabinet shall have a 304 stainless steel interior bulkhead separating the 120/240-volt electrical service section from the irrigation controller section. 9. No wood components shall be used in the enclosure. 10. Each section of the cabinet shall have full front opening doors with piano hinges, integral keylock and hasp and staple, or other provision, for padlock. 11. The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be located and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabinet. 12. The controller side door shall have provision for mounting control schematics without the use of adhesives or fasteners. The service side door shall have a clear acrylic plastic window to allow the electrical meter to be read. 13. The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault interrupter protection mounted on the interior service side. 14. Concrete footings and pads supporting the Electrical service equipment shall be 560-C-3250 and shall be no less than 150 mm (6") thick. 15. Anchor bolts to secure the service equipment to the concrete pad shall be 10 mm (&Q") diameter by 150 mm (6") long hot dip galvanized or stainless steel headed bolts with washers, without sleeves, conforming to section 304-1.7. Anchor bolts to secure the service equipment to the concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (21/2" and 4"). Revised: 10/08/03 Contract No. 3954 Page 90 of 115 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete, AC pavement, or any other objectionable material encountered in connection with the construction of the BLACK RAIL ROAD IMPROVEMENTS. Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities so indicated on the plans which are not designated as separate bid items or which are not included in other bid items. In addition to the above items, clearing and grubbing shall include, but not limited to, the following items as shown on the plans or specified in these Special Provisions: Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base and concrete. Protection of existing and relocated utility structures prior to and during the construction of the proposed improvements. Furnishing and applying water. Dust Control. Maintenance of project appearance. Control of water and dewatering during construction. Clean up of the project upon completion of the work. Adjustment to grade of miscellaneous items such as drainage inlets, utility boxes, valves, manholes, pullboxes, interfering portions of storm drain pipes, posts, and poles which are not designated as levised: 10/08/03 Contract No. 3954 Page 91 of 115 Pages separated bid items or which are not included in other bid items. Replacement of all existing landscaping (including the replacement of plant materials and irragation system damaged during construction). Contractor must protect in place all utilities, irrigation systems, sprinklers, hose bibs, curb drains, trees, fences, walls, pavers, bricks, and other facilities, except those specifically shown on the plans or directed by the Engineer to be removed or relocated. The Contractor shall protect all existing structures or facilities that are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost to the satisfaction of the Engineer. The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Clean up of spillage will be at the Contractor's expense. All materials removed from the site shall be disposed of at the Contractor's expense at a site approved by the Engineer. 300-1.1.2 Protection of Existing Trees (Construction Zone) Work in this section shall include the protection and the rpuning of existing tree roots within the construction corridor. The trees are over-mature Tipuanatipu. These trees shall be protected-in-place and impacts due to the construction of the street improvements shall not cause death or decline of the trees. A meeting shall be held on-site prior to the start of construction and any protective measures. The meeting shall be called by the Contractor and shall include the project arborist, City Engineer, Project Inspector, and the City Landscape Architect. Root pruning or cutting shall be supervised by the project arborist or designated City representative. No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one (1") inch in diameter may be cleanly cut at an edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots may not be cut. The roots shall be cut with a VERMEER Model T-300B root-cutter or approved substitution to a depth of eighteen (18") inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City Landscape Architect. All damage to trees shall be reported promptly to the arborist for appropriate treatment. The regional distributor for root-cutting machine is Vermeer- California, Ontario, CA (714-947-1001). Payment for the "Protection of Existing Trees (Construction Zones)". Full compensation for the "protection of existing trees" including but not limited to protecting, pruning or cutting of existing tree roots shall be included in the contract lump sum price bid for clearing and grubbing and no additional compensation will be allowed therefore. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to 10/08/03 Contract No. 3954 Page 92 of 115 Pages be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. . 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1 . Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1 . Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; Revised: 10/08/03 Contract No. 3954 Page 93 of 115 Pages 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; - 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix A. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, Revised: 10/08/03 Contract No. 3954 Page 94 of 115 Pages maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 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")". Subgrade preparation work must be Revised: 10/08/03 Contract No. 3954 Page 95 of 115 Pages continuously inspected by the project arborist or City representative in order to protect the tree roots. 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. The Compaction must be continuously inspected by the project arborist or City representative in order to protect the tree roots. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. 301-2 UNTREATED BASE Add the following: 301-2.1 General. Untreated base shall be crushed aggregate base per Section 200-2.2 of the Standard Specifications. Add the following: 301-2.4 Measurement and Payment. Payment for Crushed Aggregate Base will be at the bid item which shall include full compensation for furnishing all labor, materials, tools, equipment, incidentials, and for doing all work involved in placing the base as called for in these Special Provisions, as shown on the plans, or as directed by the Engineer. Add new subsections: 301-6 SOIL STERILANT 301-6.1 General. All areas indicated on the Plans to receive Aspahlt Concrete Pavement over native materials shall be prepared in accordance with applicable sections of the Standard Specifications concerning subgrade preparation. In addition, after compaction is completed, the Contractor shall apply a soil sterilant to the subgrade. Application shall be by spray equipment which provides good mechinacal agitation and even coverage of the area to be treated. Spray equipment shall be calibrated before material is applied, and the Engineer's decision as to the effectiveness of the spray equipment shall be final. Great care shall be taken to apply soil sterilant to the designated areas only. Concrete or asphalt may be placed immediately after placement of soil sterilant. 301-6.2 Operator's License. The Contracotr;s operator applying the soil sterilant shall be licensed by the State of California, Department of Food and Agricultural Affairs. 301-6.3 Application. Any soil sterilant, which is approved in writing by a licensed pest control advisor (for the purpose to which it will apply) may be used upon acceptance by the Engineer. The dye shall not stain concrete or masonry. Certification shall be furnished to the Engineer showing the purchase receipt and manufacturer's recommended rate of application of the material. 301-6.4 Payment. The Contractor shall supply all labor, materials and equipment to apply the soil sterilant and shall include the cost for application in the unit price quoted for Asphalt Concrete. Revised: 10/08/03 Contract No. 3954 Page 96 of 115 Pages SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General, add the following: Asphalt concrete shall conform to the requirements of Section 203-6 of the Standard Specifications and as modified herein. 302-5.2.2 Equipment, add the following: The machine shall be capable of grinding Asphalt Concrete so that the finished surface shall not vary from true plane enough to permit a .01 foot thick shim .25 feet wide to pass under a 12 foot long straight edge when the straight edge is laid on the finished surface parallel to the centerline. The transverse slope of the finished surface shall be uniform to a degree such that a .02 foot shim .25 feet wide will not pass under 12 foot long straight edge when the straight edge is laid on the finished surface in a direction transverse to the centerline and extending from edge to edge of a traffic lane. 302-5.2.5 Pavement Transitions, add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat, add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading, modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Delete the second sentence of paragraph 7 and the subsequent subsections A. thru E. which reference windrow operations. Add the following sentence in place of the deleted sentence and subsequent subsections: The use of windrow operations shall not be allowed. 302-5.6.1 General, modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.8 Manholes (and other structures), delete the first paragraph and replace with the following: When placing the ARHM overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located immediately after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor's operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-10. Riser rings or extensions shall not be used for the adjustment of ievised: 10/08/03 Contract No. 3954 Page 97 of 115 Pages these appurtenances. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and plans. 302-5.9 Measurement and Payment, add the following: Payment for asphalt concrete shall be at the unit price. No additional payment shall be made for any tack coat. Add the following: 302-5.10 Public Convenience and Traffic Control. 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 pick-up. The trash hauling schedule can be obtained bu calling Coast Waste Management at (760) 929—9417. AT lease two weeks prior to the work, Contractos shall send notification letters to all property addresses adjacent to the work. Obtaining the appropriate addresses shall be the Contractor's responsibility. Letters shall include approximate information specific to the work such as the contract name, phone number, and address of the Contractor, date work will begin, approximate date work will be completed, and hours of the day work will be on-going, ect. 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 residents and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. Card stock. The printing on the notice shall be no smaller that 12 point. The precut notices shall be as shown in Appendix "A", with appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. The preparation, materials, printing and distribution of the notifications shall be included in the contract bid price for Mobilization and Preparatory Work and the Contractos will not be entitled to any additional compensation for printing and distributing these notices. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.1 General. Add thefollowing paragraphs: Concrete structures shall conform to the provisions of the Standard Specifications as modified by San Diego Regional Standard Drawings and herein. Use Type II Cement. Revised: 10/08/03 Contract No. 3954 Page 98 of 115 Pages Reinforcing steel shall be Grade 60 bHtet steel conforming to ASTM A615. The Contractor shall furnish all labor, tool and materials to construct reinforced Portland Cement Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked in the field. The Contractos shall submit method for placement of the PCC for the Engineer's approval at least 10 working days prior to commencement of work. 303-1.3 Forms. Add the following paragraphs: Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of mortar. Formed wall surfaces shall be free of any unevenness greater that 1/4 inch when checked with a 10-foot straight edge. Concrete in walls with side slopes flatter than %:1 shall be placed on suitable material which has been overfilled, compacted and trimmed to true grade. Backforms shall be used where the slide slope is %:1 or steeper. A clear non-staining form release agent which will not discolor the concrete shall be used. The cost of furnishing and placing form release agent shall be included in the cost of the PCC. 303-1.6.2 Falsework Design, add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. 303-1.8 Placing Concrete. 303-1.8.1 General. Add the following: The Contractor shall exercise caution in placement of concrete walls and conjested areas to ensure proper consolidation and that there are no voids, and protection of waterstops in position. Adequate provisions shall be made for each visiual inspection of conrete pavement, consolidation and waterstop protection. Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary may be proposed by the Contractor and will be permitted only after evaluation by the Engineer. 303-1.10 Curing. Amend first paragraph with the following: Exposed concrete surface shall be sprayed with Type 2 curing compound at a uniform rate of one gallon per 150 square feet. 303-1.11 Payment. Payment for Portland Cement Concrete Curb Outlet (Inlet) (Tyep A SDRSD D- 25) and modifications will be made at the contract price per each, and shall include all labor, equipment, materials and incidentals (inclusive of bar reinforcing steel and gravel base material) needed to construct PCC structures in place to the grades and dimensions shown on the Plans. The contract price shall include full compensation for forms, finishing, and curing. Should the Contractor request and obtain permission to use admixtures for his own benefit, he shall ;evised: 10/08/03 Contract No. 3954 Page 99 of 115 Pages furnish such admixtures and incorporate them in the conrete mixture at his expense and no additional compensation will be allowed thereof. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. Add the following: 303-5.1.1 General. Concrete curbs, gutters and sidewalks shall conform to the Standard Specifications as modified by the San Diego Regional Standard Drawings and herein. Use Type II Cement. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W S RW Add the following: 303-5.5.4 Gutter. Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications. 303-5.6 Curing. Immediately after finishing operations are completed, Type II concrete curing compound shall be applied at a rate of one gallon per 150 square feet. 303-5.9 Measurement and Payment, add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 304 - METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction, add the following: Fence shall match height of existing chain link fence located the "D" Reservoir site. Contractor shall install extension post and three strands of barbed wire along the chain-link fence and the fence shall conform to SDRS drawings M-6 and M- 20. 304-3.3 Installation of Gates, add the following: Gates shall be double-swing type and shall provide a clear width for a 4.6 m (15') wide access road. Contractor shall install extension post and three strands of barbed wire on top of gates and the gates shall conform to SDRS drawings M-5 and M-20. fievised: 10/08/03 Contract No. 3954 Page 100 of 115 Pages SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION ft 306-1 OPEN TRENCH OPERATIONS Add the following section: 306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ APT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmM + SLOPE X 100] X LANES 1000 8 PS = [ APT -i- EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED frnph) + 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 distance 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. Revised: 10/08/03 Contract No. 3954 Page 101 of 115 Pages When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306- 1.5. Add the following section: 306-1.1.7.3 installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 610 mm (21) 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(8) and 203-5.3(A) . Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6") of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x %") 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 Revised: 10/08/03 Contract No. 3954 Page 102 of 11 5 Pages elastomeric sealant material. At the Contractor's option, the methods required for Method 1 maybe 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") 0.6m (23") 0.8m (31") 1.0m <41") 1.6m (63") Minimum Plate Thickness 13mm (V2") 19mm (3/4") 22mm (7/8") 25mm (1") 32 mm (1 14") (1) For spans greater than 1.6 m (51), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for 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 Pipe Laying, add the following: The Contractor shall place electrical conduit per SDG&E plans, Construction Order No. 2777690, Project No. 333179-010. The Contractor shall place communications conduit per SBC California plans RO/Est. No. 5395637. 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. Revised: 10/08/03 Contract No. 3954 Page 103 of 115 Pages 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall density 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. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. \ 306-1.6 Basis of Payment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench for SBC and SDG&E and conduit for SBC's and SDG&E's conversion shall included in the applicable components of work and no other payments will be made. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.1 General. Add the following: The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, ect. and the soils have been re-established, re- compacted and refinished to final grades. The Engineer shall be notified of all areas where the landscape work is prevented from being executed. Surface drainage shall be provided by modeling the surfaces to facilitate the natural run-off of water. Low spots and pockets shall be filled with topsoil and graded to drain properly. 308-2.2 Trench Excavation and Backfill. Suboparagraph 2) is amended as follows: 3) Lateral sprinkler lines - twelve-inches (12") (thirty inches (30") under roadways). 308-2.3 Topsoil Preparation and Conditioning. 308-2.3.1 General. Substitute Class "A" with Class "C" in the first sentence of the first paragraph. levised: 10/08/03 Contract No. M54 Page 104 of 115 Pages 308-2.3.2 Fertilization and Conditioning Procedures, add the following: Once rough grading has been accomplished, the Contractor shall select a minimum of one (1) soil sample from the planting area at a location approved by the Engineer, and have a soil analysis performed to determine nutrient and mineral content, compositional characteristics, pH, EC, micronutrients, permeability, and existence of possible toxic elements. Soils analysis shall be conducted by an agricultural soils laboratory with full testing service capabilities and shall be approved by the Engineer. Analysis shall include generic recommendations for amending or correcting soil conditions using soil amendments. Results of the soils analysis shall be received by the Engineer fifteen (15) days prior to amending of soil or ordering amendments. Based on the soils test results, the quantity or type of amendments shown below may be modified by the Engineer. The following soils amendments shall be used forbidding purposes only. Actual types and quantities may be altered based on the soil analysis as described above. The conditioning material per 1,000 square feet shall be: a) Four (4) cubic yards organic amendment b) Twenty (20) Ibs. Gypsum c) Twenty-five (25) Ibs 12-12-12 pre-plant fertilizer d) Ten (10) Ibs ironsulfate e) Ten (10) Ibs soil sulfur The Contractor shall apply post-plant fertilizer at the rate of twenty (20) Ibs per 1,000 sq. feet, thirty (30) days after planting and once again at the end of the Maintenance and Establishment period. Add the following section: 308-2.5 Weed Eradication. The Contractor shall perform weed eradication within the planting areas. The Contractor shall irrigate these areas a minimum of seven (7) times over fourteen (14) days to germinate existing weed seeds. Allow weed seeds to grow until they reach a maximum height of two to three inches. A post-emergent herbicide spray material shall then be applied per the manufacturer's specifications and instructions. The sequence of operations shall be approved by the Engineer prior to beginning spraying operations. Before applying ay chemical spray material, the Contractor shall obtain from the Engineer written approval of the material to be used, the rate and method of application. Any weed growth, which subsequently appears, shall be killed by additional spraying before the weeds exceed two-inches (2") in height. At the time of planting, each area to be planted shall be free of living weeds of any height. The Contractor shall immediately remove and dispose of mowed weed growth and all other debris generated by clearing and grubbing when so directed by the Engineer. The Contractor shall allow sufficient time in the construction schedule to perform weed eradication without causing construction delays. Any delays due to weed eradication shall be at the Contractor's expense. 308-4 PLANTING. 308-4.1 General, add the following: All plants of the same species and container size (i.e. the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction Revised: 10/08/03 Contract No. 3954 Page 105 of 115 Pages of the Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during contract period. All plants shall be full-sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root-bound. Root balls may require scarification to the satisfaction of the Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before of during the process of planting. Any plant transplanted by the Contractor that dies or has bark, branch or die-back injury shall be replaced at the Contractor's expense with an equal plant to the satisfaction of the Engineer. The Contractor shall not install planting as shown in the plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. The irrigation system shall be installed, pressure tested, coverage tested, and fully operationsl prior ro planting as approved by the Engineer. No plants shall be transported to the planting area that are not thoroughly wet throughout the ball of earth surrounding the roots.' Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the acts of placement. Any plant that, in the opinion of the Engineer, is dry or wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced and shall be replaced at the Contractor's expense. All inspections herein specified shall be made by the Engineer. The Contractor shall request inspection at least 48 hours in advance of the time of inspection is required. Inspection shall be required on the following stages of work" a) During preliminary grading, soil preparation, and initial weed eradication. b) When the plants are spotted for planting, but before planting holes have been excavated. c) When finish grade has been completed. d) When all specified work has been completed (prior to the Maintenance and Plant Establishment period). e) Final inspection at the completion of the Maintenance and Plant Establishment period. The Contractor's failure to obtain inspection will extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer. 308-4.2 Protection and Storage, add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. Revised: 10/08/03 Contract No. 3954 Page 106 of 115 Pages 308-4.3 Layout and Plant Location, modify as follows: Planting areas shall -be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting operations begin. 308-4.5 Tree and Shrub Planting, add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308-2.3.2(6) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING Soil Amendment Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Planting Tablets ' Planting Tablets 1 Planting Tablets 1 Metric Application Rate 1 8 kg per cubic meter 600 g per cubic meter 6 kg per cubic meter 0.67 cubic meters per cubic meter 1 per 1 00 mm dia. pot container 2 per 1 9 liter container 1 per each 50 mm width of each box- size container Approx. U.S. Application Rate 30 Ibs. per cubic yard 1 Ib. per cubic yard 10 Ibs. per cubic yard z/3 cubic yards per cubic yard 1 per 4" dia. pot container 2 per 5 gal. Container 1 per each 2" width of each box- size container 1 Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Cuts over 19 mm (%") shall be painted with an approved tree wound paint. 308-4.5 Tree and Shrub Planting. Delete the first sentence and replace with the following: Planting holes shall have vertical sides to the depth of the rootball and shall be two times the width of the rootball. Delete Paragraph four and replace with the following: All planting holes shall be backfilled with a prepared soil mix conforming to the following requirements: Five (5) parts by volume on-site soil* Three (3) parts by volume organic amendment Five (5) Ibs 12-12-12 commercial fertilizer per cubic yard of mix Five (5) Ibs gypsum * from areas approved by the Engineer The materials shall be thoroughly mixed to the bottom of the pit so that they are evenly distributed and without clods or lumps. Backfill shall be so placed in the pits that the plant will be at its natural growing height and the backfill material will be level one inch below surrounding soil after settlement. Fertilizer planting tablets (twenty-one (21) gram size and shall be placed with each plant at the following rates: Two (2) tablets per five gaHon (5) container. Set plant plumb and hold rigidly in position until soil has been tamped firmly around ball or roots. Position of the plant in the holes and backfill no higher than halfway up the root ball. Place the Ftevrsed: 10/08/03 Contract No. 3954 Page 107 of 115 Pages recommended number of tablets evenly arounf the perimeter of, and immediately adjacent to, the root ball at a depth that is between the middle and the bottom of the root ball. Complete the backfilling, tamp (eliminating all air voids) and water. Do not pack. Construct a berm four (4) inches above finish grade, extending 4" to 6" beyond the endge of root ball, forming a watering basin with a level bottom around each plant. Add the following section: 308-4.13 Payment. Payment for providing prepared topsoil, furnishing and installing bark mulch, soil amendments, fertilizer, and shrubs shall be included in the unit price as indicated in the Bid Sheets. 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. The Contractor shall accurately record on one set of black and white prints {irrigation drawings) all changes in work constituting departures from the original contract drawings. The record drawings of the irrigation system shall show locations and depths of the following items: a) Points of connection b) Routing of pressurized and non-pressurized lines (dimensions at a maximum of 100 feet along routing). c) All valves. d) Quick coupling valves. e) Rerouting of control valves. f) Other related equipment (as directed by the Engineer). Dimensions shall be from two permanent points of reference (monumnents, sidewalks, curbs, and pavement). Post information on the As-Builts drawings on a day-to-day basis as the work is installed. All dimensions noted on the drawings shall be a % inch in size. Upon completion of each increment of work, the Contracto shall transfer all such information and dimensions to the prints. Changes and dimensions shall be in a legible and professional manner. When the drawings are approved, transfer all information to a set of reproducible drawings. The Contractor must submit As-Builts drawings to the Engineer for approval seven days prior to the start of the Maintenance and Establishment period. The Contractor shll check and verify the water pressure at the Point of Connection <POC) prior to beginning work. The Contractor shall notify the Engineer of any discrepancies between pressure indicated on the plans and the actual water pressure measured in the field. If the pressure provided at the Work site or any other Work condition will create problems that will prevent proper operation of the irrigation system, the Engineer shall be notified -before commencement of any work. Minor Revised: 10/08/03 Contract No. 3954 Page 108 of 115 Pages additions and adjustments of heads, piping, and circuits shall be made at no additional costs to the Owner where it is necessary to make the irrigation system operate properly. 308-5.2 Irrigation Pipeline Installation, add the following: The Contractor shall install all pressure main line piping from the irrigation system so as to maintain 3.1 m (10') minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in a pressure rating of 200 PSI SDR 21 "Alertline" PVC sleeve which extends a minimum of 3.1 m (10') on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12") between the reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm <3") wide purple warning tape which reads "Caution Reclaimed Water". For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (Vz") in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and observations are performed. Observations include sprinkler heads, all fittings, lateral and mainline pipe, valves, and direct burial wire. 308-5.2.3 Plastic Pipeline, add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.3.1 Valves, add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12") separation between valves and 150 mm (6") from any fixed object or structure. Add the following section 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. Add the following section: 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in accordance with manufacturer's specifications and as directed on drawings. Exact location and positioning shall be verified on the site by the Engineer. 308-5.4.4 Sprinkler Head Adjustment, add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. Revised: 10/08/03 Contract No. 3954 Page 109 of 115 Pages Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation, add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to service each valve in system. 308-5.6.3 Sprinkler Coverage Test, add the following: This test shall be accomplished before any ground cover is planted. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Delete the entire section and replace with the following: The Maintenance and Plant Establishment Period shall begin on the first day after all planting in this Work is completed and accepted by the Engineer and shall continue thereafter until 90 calander days have passed. Notify the Engineer at least seven (7) days in advance of completion. Failure by the Contractor to notify the Engineer will delay the start of the Maintenance and Establishment Period. Should the Maintenance and Establishment Period be extended beyond the prescribed 90 calander days because of rejection by the Engineer for whatever reason, the entire installation shall remain the responsibility of the Contractor unless otherwise determined by the Engineer. Any rejected material shall be replaced and the 90 calander day Maintenance and Establishment Period shall be restarted from that time for the replaced material only. All areas included under this Contract shall be maintained on a weekly basis by the Contractor. The Contractor, without any expense to the Owner, shall weed the planted areas as needed and shall remove all accumulated debris and trash from the landscaped areas as needed and/or as called for by the Engineer. The Contractor shall apply post-plant fertilizer at the rate of twenty pounds per 1,000 sq. ft., thirty (30) Days after planting and once again at the end of the Maintenance and Establishment Period. The above fertilization schedule may be revised by the Engineer if optimal plant health and growth is not being obtained. The Contractor shall comply with all charges as directed. The Contractor shall be responsible to provide adequate water to all plants without over-watering. Water conservation is mandated. The Contractor shall obtain approval from the Owner for its proposed irrigation schedule and any changes hereto. Upon completion of the Maintenance and Establishment Period, the Engineer will perform a final inspection for acceptance. The Contractor shall notify the Engineer one (1) week prior to the end fo the maintenance period to schedule the inspection. Failure to pass inspection will result in an extension of the Maintenance and Establishment Period as the Engineer deems necessary at no additional costs to the Owner. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 600 mm (24") box trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of Revised: 10/08/03 Contract No. 3954 Page 110 of 115 Pages discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone:: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution." Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (1/8") in size. evised: 10/08/03 Contract No. 3954 Page 111 of 115 Pages Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical services b) Routing of irrigation pressure mainlines c) Backflow preventers d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller doorwill allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: Revised: 10/08/03 Contract No. 3954 Page 112 of 115 Pages 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. The following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT, add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controllers), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer wHI retain $4,000 of the total contract amount, and will subsequently disburse the $4,000 to the Contractor on a monthly basis of $1,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. Section 313 - Temporary Traffic Control Devices Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: Revised: 10/08/03 Contract No. 3954 Page 113 of 115 Pages 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump- sum item for traffic control and payment therefore -shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K- rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. vised: 10/08/03 Contract No. 3954 Page 114 of 115 Pages APPENDIX "A" CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760JXXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEFAve. will be closed to through traffic and •esurfaced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX from 7:OOA.M. to 5:00 P.M. f you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project nspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the esurfacing work for the city and you may call hem 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 Dostman 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 ' ity's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. Revised: 10/08/03 Contract No. 3954 Page 115 of 115 Pages Appendix B SWPPP Template STORM WATER POLLUTION PREVENTION PLAN for UCK Prepared for: City of Carlsbad Public Works 1635 Faraday Avenue Carlsbad, CA 92008 Submitted by: Project Site Address: Contractor's Water Pollution Control Manager: SWPP Prepared by: SWPPP Preparation Date: Contents Section 100 SWPPP Certifications and Approval 1 100.1 Initial SWPPP Certification 1 100.2 SWPPP Approval 2 100.3 Annual Compliance Certification 3 Section 200 SWPPP Amendments 4 200.1 SWPPP Amendment Certification and Approval 4 200.2 Amendment Log 6 Section 300 Introduction and Project Description 7 300.1 Introduction and Project Description 7 300.2 Unique Site Features 7 300.3 Construction Site Estimates 7 300.4 Project Schedule/Water Pollution Control Schedule 7 300.5 Contact Information/List of Responsible Parties 7 Section 400 References 9 Section 500 Body of SWPPP 10 500.1 Objectives 10 500.2 Vicinity Map '. 10 500.3 Pollutant Source Identification and BMP Selection 11 500.3.1 Inventory of Materials and Activities that May Pollute Storm Water 11 500.3.2 Existing (pre-construction) Control Measures 11 500.3.3 Nature of Fill Material and Existing Data Describing the Soil 12 500.3.4. Soil Stabilization (Erosion Control) 12 500.3.5 Sediment Control ..' 13 500.3.6 Tracking Control 14 500.3.7 Wind Erosion Control 14 500.3.8 Non-Storm Water Control 14 500.3.9 Waste Management and Materials Pollution Control 15 500.4 Water Pollution Control Drawings (WPCDs) ....15 500.5 Construction BMP Maintenance, Inspection and Repair 15 500.6 Post-Construction Storm Water Management 15 500.6.1 Post-Construction Control Practices 15 500.6.2 Operation/Maintenance after Project Completion 16 500.7 Training 16 500.8 List of Subcontractors 16 500.9 Other Plans/Permits 16 Section 600 Monitoring Program and Reports 17 600.1 Site Inspections 17 600.2 Discharge Reporting 17 600.3 Record Keeping and Reports 17 SWPPP Attachments Attachment A Vicinity Map Attachment B Water Pollution Control Drawings Attachment C BMP Consideration Checklist Attachment D Computation Sheet for Determining Runoff Coefficients Attachment E Calculations for Storm Water Run-On Attachment F Notification of Construction (NOC) Attachment G. Program for Maintenance, Inspection, & Repair of Construction Site BMPs Attachment H Storm Water Quality Construction Site Inspection Checklist Attachment I Trained Contractor Personnel Log Attachment J Subcontractor Notification Letter and Log Attachment K Notice of Discharge, Written Notice or Order Attachment L '. SWPPP and Monitoring Program Checklist Attachment M Annual Certification of Compliance Form Attachment N Other Plans/Permits Attachment O Notice of Completion of Construction Storm Water Pollution Prevention Plan (SWPPP) Contract No. iNSERt CO Section 100 SWPPP Certifications and Approval 100.1 Initial SWPPP Certification Project Name: CLICK AND INSERtPROJECT NAME? City of Carlsbad Contract No. CLICK ANDTNSERf'CONtRACf W(3l "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Contractor's Signature Date Contractor's Name and Title Telephone Number INSERT CONTRACTOR'S COMPANY NAME INSERTOATP Page 1 Storm Water Pollution Prevention Plan (SWPPP) Contract No. INSERT CONTRACTED;* 100.2 SWPPP Approval For City of Carlsbad Use Only City Approval and Certification of the Storm Water Pollution Prevention Plan Project Name: City of Carlsbad Contract No. CLICK AND INSERT PROJECT NAMBi COCK AND WSEW CONTRACT "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Engineer's Signature Date Engineer's Name Engineer's Telephone Number INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 2 Storm Water Pollution Prevention Plan (SWPPP) Contract No. pSERT CONTACT N0j| 100.3 Annual Compliance Certification By June 15 of each year, the contractor shall submit an Annual Certification of Compliance to the Engineer stating compliance with the terms and conditions of the Permits and the SWPPP. The Annual Certification of Compliance Form and Engineer Approval form are included in Attachment M. Completed Annual Certifications of Compliance and Approvals can be found in the following pages. INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 3 Storm Water Pollution Prevention Plan (SWPPP) Contract No. Section 200 SWPPP Amendments 200.1 SWPPP Amendment Certification and Approval This SWPPP shall be amended: • Whenever there is a change in construction or operations which may affect the discharge of pollutants to surface waters, groundwater(s), or a municipal separate storm sewer system (MS4); or • If any condition of the Permits is violated or the general objective of reducing or eliminating pollutants in storm water discharges has not been achieved. If the RWQCB determines that a Permit violation has occurred, the SWPPP shall be amended and implemented within 14 calendar days after notification by the RWQCB; • Annually, prior to the defined rainy season, when required by the project's Special Provisions; and • When deemed necessary by the Engineer. The amendments for this SWPPP, along with the Contractor's Certification and the Engineer's approval, can be found in the following pages. Amendments are listed in the Amendment Log in section 200.2 CLICK AND INSERT ADDITIONAL RESPONSiSLrrlES:ANd|OR"NAMES11OR; LINE INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 4 Storm Water Pollution Prevention Plan (SWPPP) Contract No. iNSERTCONTKACf*K?| SWPPP Amendment No. Project Name: City of Carlsbad Contract No. CLICK AND INSERT CONTRACT' NO.?: To be Completed by Contractor "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Contractor's Signature Date Contractor's Name and Title Telephone Number For City of Carlsbad Use Only Engineer's Approval and Certification of the Storm Water Pollution Prevention Plan Amendment "I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations". Engineer's Signature Date Engineer's Name Engineer's Telephone Number INSERT CONTRACTOR'S*i»MPANY NAME INSERT DATE Page 5 Storm Water Pollution Prevention Plan (SWPPP) Contract No. I 200.2 Amendment Log Project Name: City of Carlsbad Contract No. ffgiRT PROJECT NAME! CLICK AND INSERT CONTRACT i Amendment No.Date Brief Description of Amendment Prepared By INSERT CONTRACTOR'S COMPANY MAME INSERT DATE*Page 6 Storm Water Pollution Prevention PlaniJSWPPP) Contract No. 1" ~ Section 300 Introduction and Project Description 300.1 Introduction and Project Description CLICK AND INSERT PROJECT DESgRfFUli 300.2 Unique Site Features 300.3 Construction Site Estimates The following are estimates of the construction site: Construction Site Area _ ft2 Percentage impervious area before construction ___ % Runoff coefficient before construction (1) __ Percentage impervious area after construction __ % Runoff coefficient after construction (1) ___ Anticipated storm water flow onto the construction site (2) ___ 300.4 Project Schedule/Water Pollution Control Schedule TYPE^Eijr-IER N/teF&TlVETPftOJl^ SCHEDULE IS ON THE FOLLOW! NGiPAGE: ADD PAGE BREAKS AS, NEErJE§'tb'* ENSURE THAT PAGE NUMBERING IS CONSISTENT-THROUGHOUT THE DOCUMENT- (REMOTE JHIS.TBfQ 300.5 Contact Information/List of Responsible Parties The Water Pollution Control Manager (WPCM) assigned to this project is: CLICK ANd iNSErTCdNTRACTORXCOyPANf CLlCi<:f ND INSERt-ADDRESS;INSERT; ciHy STATE, 'it ,,, ,',' ''l~~ -s*-' -j" •'' "-- '*''" •** INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 7 Storm Water Pollution Prevention Plan (SWPPP) Contract No. The WPCM shall have primary responsibility and significant authority for the implementation, maintenance, inspection and amendments to the approved SWPPP. Duties of the Contractor's WPCM include, but are not limited to: • Ensuring full compliance with the SWPPP and the Permit • Implementing all elements of the SWPPP including, but not limited to: Implementation of prompt and effective erosion and sediment control measures Implementing all non-storm water management, and materials and waste management activities such as: monitoring discharges (dewatering, diversion devices), general site cleanup, vehicle and equipment cleaning, fueling and maintenance, spill control, ensuring that no materials other than storm water are discharged in quantities which will have an adverse effect on receiving waters or storm drain systems, etc. • Pre-storm inspections • Post-storm inspections • Storm event inspections • Preparing annual compliance certification • Ensuring elimination of all unauthorized discharges • The Contractor's WPCM shall be assigned authority by the Contractor to mobilize crews in order to make immediate repairs to the control measures • Coordinate with the Engineer to assure all of the necessary corrections/repairs are made immediately, and that the project complies with the SWPPP, the Permit and approved plans at all times CLICK AND INSERT ADDITIONAL INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 8 Storm Water Pollution Prevention Plan (SWPPP) Contract No. I Section 400 References The following documents are made a part of this SWPPP by reference: • Project plans and specifications no. COCK AND INSERT" NUMBER™, dated CLICK AND INSERT DATE , prepared by City of Carlsbad. • California Regional Water Quality Control Board Order No. 2001-01, NPDES No. CAS0108758, National Pollutant Discharge Elimination System (NPDES) Permit. • Caltrans Storm Water Quality Handbooks, Construction Site Best Management Practices Manual, dated November 2000. • Caltrans Storm Water Quality Handbooks, SWPPP/WPCP Preparation Manual, dated November 2000. • CLICK"AND .TYPE OTHER REFERENCES! INSERT CONTRACTOR'S COMPANY NAME INSERT OglE' Page 9 Storm Water Pollution Prevention Plan (SWPPP) Contract No. M|ERT CbNTRACf 'HOJ Section 500 Body of SWPPP 500.1 Objectives This Storm Water Pollution Prevention Plan (SWPPP) has four main objectives: • Identify all pollutant sources, including sources of sediment that may affect the quality of storm water discharges associated with construction activity (storm water discharges) from the construction site, and • Identify non-storm water discharges, and • Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non-storm water discharges from the construction site during construction, and • Develop a maintenance schedule for BMPs installed during construction designed to reduce or eliminate pollutants after construction is completed (post-construction BMPs). This SWPPP conforms with the required elements of Permit No. CAS0108758 issued by the State of California, State Water Resources Control Board (SWRCB). This SWPPP will be modified and amended to reflect any changes in construction or operations that may affect the discharge of pollutants from the construction site to surface waters, groundwaters, or the municipal separate storm sewer system (MS4). The SWPPP will also be amended if it is in violation of any condition of the Permit or has not achieved the general objective of reducing pollutants in storm water discharges. The SWPPP shall be readily available on-site for the duration of the project. 500.2 Vicinity Map The construction project vicinity map showing the project location, surface water boundaries, geographic features, construction site perimeter, and general topography, is located in Attachment A. The project's Title Sheet provides more detail regarding the project location and is also included in Attachment A. INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 10 Storm Water Pollution Prevention Plan (SWPPP) Contract No. !' 500.3 Pollutant Source Identification and BMP Selection 500.3.1 Inventory of Materials and Activities that May Pollute Storm Water The following is a list of construction materials that will be used and activities that will be performed that will have the potential to contribute pollutants, other than sediment, to storm water runoff (control practices for each activity are identified in the Water Pollution Control Drawings (WPCDs) and/or in sections 500.3.4 through 500.3.9: Construction activities that have the potential to contribute sediment to storm water discharges include: CLICK AND^INSERT>bDITlONAI^RRAT|yETEXT O'CDELETFUl^ Attachment C lists all Best Management Practices (BMPs) that are either minimum requirements or special contract requirements, and all BMPs selected by the Contractor for this project. Implementation and location of BMPs are shown on the WPCDs in Attachment B. Narrative descriptions of BMPs to be used during the project are listed by category in each of the following SWPPP sections. 500.3.2 Existing (Pre-Construction) Control Measures The following are existing (pre-construction) control measures encountered within the project site: CLICK AND INSERT ADDITIONAtiNARRATlVE; TEST OR DELETE LINE: INSERT CONTRACTOR'S COMPANY NANg INSERT DATE Page 11 Storm Water Pollution Prevention Plan (SWPPP) Contract No. |NSERf CONtRA&t NO| 500.3.3 Nature of Fill Material and Existing Data Describing the Soil CLICK AffJ DESCRIBE CONDITIONS OF FILL MATERIAL(S) ANDJXiSlNSrSQlS 'At;Slfg Existing site features that, as a result of past usage, may contribute pollutants to storm water (e.g., toxic materials that are known to have been treated, stored, disposed, spilled, or leaked onto the construction site) include: CLICK ANplNSERT ADDlf lONALn^RRWnWTEXf OR DEtETE;ONE| 500.3.4 Soil Stabilization (Erosion Control) Soil stabilization, also referred to as erosion control, consists of source control measures that are designed to prevent soil particles from detaching and becoming suspended in storm water runoff. Soil stabilization BMPs protect the soil surface by covering and/or binding soil particles. This project will incorporate minimum temporary soil stabilization requirements, temporary soil stabilization measures required by the contract documents, and other measures selected by the contractor. This project will utilize and implement the following principles for effective temporary and final soil stabilization during construction: 1. Preserve existing vegetation where required and when feasible. 2. Apply temporary soil stabilization (erosion control) to remaining active and non-active areas as required by the Construction Site BMPs Manual and the Special Provisions. Reapply as necessary to maintain effectiveness. 3. Implement temporary soil stabilization measures at regular intervals throughout the defined rainy season to achieve and maintain the contract's disturbed soil area requirements. When the project's Special Provisions require it, temporary soil stabilization will be implemented 20 days prior to the defined rainy season. 4. Stabilize non-active areas within 14 days of cessation of construction activities. 5. Control erosion in concentrated flow paths by applying erosion control blankets, erosion control seeding, and lining swales as required in the Special Provisions. 6. Seeding will be applied either during the defined seeding window, and/or to areas deemed substantially complete by the RE during the defined rainy season. 7. At completion of construction, apply permanent erosion control to al remaining disturbed soil areas. if ;•\&$ *r"''"INSElfrCONTRACTOR'S COMPANY NAME INSERT DATE Page 12 Storm Water Pollution Prevention Plan (SWPPP) Contract No. I Sufficient quantities of temporary soil stabilization materials will be maintained on-site to allow implementation in conformance with Caltrans requirements and described in this SWPPP. This includes implementation requirements for active areas, non-active areas, and areas that require deployment before the onset of rain. Implementation and locations of temporary soil stabilization BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B and/or described in this section. The BMP Consideration Checklist in Attachment C indicates the BMPs that will be implemented to control erosion on the construction site; these are: SS-1, Scheduling SS-2, Preservation of Existing Vegetation INSERT ADDITIONAL NARRATIVE, TEXT OF.SORSTABlLiZATfpN 500.3.5 Sediment Control Sediment controls are structural measures that are intended to complement and enhance the selected soil stabilization (erosion control) measures. Sediment controls are designed to intercept and settle out soil particles that have been detached and transported by the force of water. This project will incorporate minimum temporary sediment control requirements, temporary sediment control measures required by the contract documents, and other measures selected by the contractor. The temporary sediment control BMPs selected are adequate to prevent a net increase of sediment in storm water discharge relative to pre-construction levels. Sufficient quantities of temporary sediment control materials will be maintained on-site throughout the duration of the project, to allow implementation of temporary sediment controls in the event of predicted rain, and for rapid response to failures or emergencies, in conformance with other Caltrans requirements and as described in this SWPPP. This includes implementation requirements for active areas and non-active areas before the onset of rain. Implementation and locations of temporary sediment control BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B. The BMP Consideration Checklist in Attachment C indicates all the BMPs that will be implemented to control sediment on the construction site, these are: SC-1, Silt Fence SC-7, Street Sweeping and Vacuuming SC-10, Storm Drain Inlet Protection CLICK AND" INSERT ADDITIONAL NARRATIVE'JEST OF SEDIMENT' CONTROLS OR DELETE LINE INSERT CONTRACTOR'S COMPANY NAME INSElfrDATE Page 13 Storm Water Pollution Prevention Plan (SWPPP) Contract No. INSERT CONTRACT KO.3 500.3.6 Tracking Control The following BMPs have been selected to reduce sediment tracking from the construction site onto private or public roads: • SC-7, Street Sweeping and Vacuuming CLICK AND INSERT ADDJTlpNAL NARRATIVE TEST OF TRACKING CONTROL PRACTICESl DELETE LINE 500.3.7 Wind Erosion Control The following BMPs have been selected to control dust from the construction site: • WE-1 , Wind Erosion Control INSERT ADDITIONAL NARRATIVE TEXT OF WIND EROSIONDELETE LINE 500.3.8 Non-Storm Water Control An inventory of construction activities and potential non-storm water discharges is provided in Section 5.3.1. The BMP Consideration Checklist in Attachment C and the following list indicates the BMPs that have been selected to control non-storm water pollution on the construction site. Implementation and locations of some non-storm water control BMPs are shown on the Water Pollution Control Drawings (WPCDs) in Attachment B. A narrative description of each BMP follows: NS-6, Illicit Connection/Illegal Discharge Detection and Reporting NS-8, Vehicle and Equipment Cleaning NS-9, Vehicle and Equipment Fueling NS-10, Vehicle and Equipment Maintenance INSERT ADDITIONAL NAltRATiVETEXT OF N0M-STORM WATER COWRbrPRACtTCESl OR DELETE LINE INSERT CONTRACTOR'S COMPANY NAME" INSERT DATE Page 14 Storm Water Pollution Prevention Plan (SWPPP) Contract No. INSERT CONTRACT NOJ 500.3.9 Waste Management and Materials Pollution Control An inventory of construction activities, materials, and wastes is provided in Section 5.3.1. The BMP Consideration Checklist in Attachment C and the following list indicates the BMPs that have been selected to handle materiais and control construction site waste. A narrative description of each BMP follows. WM-1, Material Delivery and Storage WM-2, Material Use WM-4, Spill Prevention and Control WM-5, Solid Waste Management WM-9, Sanitary/Septic Waste Management INSERT ADDITIONAL NARRAflVE''TEXT* OF WASTE" MANAGEMENT" C MAtERlAlS \ POLLUTION .CONTROL PRACTICES OR DELETE LINE 500.4 Water Pollution Control Drawings (WPCDs) The Water Pollution Control Drawings can be found in Attachment B of the SWPPP. 500.5 Construction BMP Maintenance, Inspection and Repair A program for Maintenance, Inspection and Repair of BMPs is shown in Attachment G. 500.6 Post-Construction Storm Water Management 500.6.1 Post-Construction Control Practices The following are the post-construction BMPs that are to be used at this construction site after all construction is complete: INSERT AbDiTidNAOARRATKtEXT OR bElEfETCINEJ v, .j-~_v8P INSERT CONTRACTOR'S COMPANY N#ME INSERT DATE' Page 15 Storm Water Pollution Prevention Plan (SWPPP) Contract No. 500.6.2 Operation/Maintenance after Project Completion The post-construction BMPs that are described above will be funded and maintained as follows: Short term funding: Long term funding: 500.7 Training Section 300.5 shows the name of the Contractor's Water Pollution Control Manager (WPCM). This person has received the following training: The training log showing formal and informal training of various personnel is shown in Attachment I. This SWPPP was prepared by INSERT 'COMPANY "NAME OF THE PERSON THAT PREPARED SWPPP, 500.8 List of Subcontractors All contractors and subcontractors will be notified of the requirement for storm water management measures during the project, a list of contractors will be maintained and included in the SWPPP. If subcontractors change during the project, the list will be updated accordingly. The subcontractor notification letter and log is included in the SWPPP as Attachment J. 500.9 Other Plans/Permits Attachment N includes copies of other local, state, and federal plans and permits. Following is a list of the plans and permits included in Attachment N: • California Regional Water Quality Control Board Order No. 2000-01, NPDES No. CAS0108758, National Pollutant Discharge Elimination System (NPDES) Permit. 'INSERT;'' NAME(S); STATE OR FEDERAL PLANS OJJ PERMITS,, IN THE FOLLOWING BULLETSlpELETE BULLETS IF NOT NEEDED INSERT CONTRACTOR'S COMPANY NAME INSERT DATE-Page 16 Storm Water Pollution Prevention Plan (SWPPP) Contract No. fNSERT CONTRAST,feC?| Section 600 Monitoring Program and Reports 600.1 Site Inspections The Contractor will inspect the site prior to a forecast storm, after a rain event that causes runoff from the construction site, at 24-hour intervals during extended rain events, and as specified in the project Special Provisions. The results of all inspections and assessments will be documented and copSies of the completed inspection checklists will be maintained with the SWPPP. Site inspections conducted for monitoring purposes will be performed using the inspection checklist shown in Attachment H. The name(s) and contact number(s) of the assigned inspection personnel are listed below: Assigned inspector: ^AMg.OF INSPECTOR Contact phone: tQEEPhoflE' NUMBBJ 600.2 Discharge Reporting If a discharge occurs or if the project receives a written notice or order from any regulatory agency, the Contractor will immediately notify the Engineer and will file a written report to the Engineer within 7 days of the discharge event, notice, or order. Corrective measures will be implemented immediately following the discharge, notice or order. A sample discharge form is provided in Attachment K. The report to the Engineer will contain the following items: • The date, time, location, nature of operation, and type of unauthorized discharge, including the cause or nature of the notice or order; • The control measures (BMPs) deployed before the discharge event, or prior to receiving notice or order; • The date of deployment and type of control measures (BMPs) deployed after the discharge event, or after receiving the notice or order, including additional measures installed or planned to reduce or prevent re-occurrence; and • An implementation and maintenance schedule for any affected BMPs. 600.3 Record Keeping and Reports Records shall be retained for a minimum of three years for the following items: • Site inspections • Compliance certifications • Discharge reports • Approved SWPPP document and amendments INSERT CONTRACTOR'S COMPANY NAME INSERT DATE Page 17 Appendix C San Diego Gas & Electric Underground Conversion TWUINI 'O' HBCYCL1EO WATER POfliP i ^* r~cvj i CJ 1"i EH i voi CJ [^ c*-• i rt! 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MCN VO V i en i w i i Pa Pj a 1 VO 1 X 1 P 1 1 1 M 1 t- I CO I M 1 CJ Ci r~ i i i \ ~»^c i r~ i i D i o! tin i cj i t>- i f£ i H E O CM 1 •• 1 O 1 1O O 1 Oi 1 1 pi 1 1 W l •• l Mlo LO i p i a i 'in o i at ' O i PIW\ i O i M i S ' O.H i « i <: i «u i a s J in : a o in in ;i -O | CS 1" 0ocno «O VO Cfl ^.^.co S*%. Q D 3 EHft CQ a a Wr-JlOlOliSBulM M M M Hcdo i PC i J j CO H a a w M P *~1 nj H EH§co rf Ha cjcOhH1 O O Jcj 2 = Mmfc,OOQUiCD eicNco ftw OHOiEHCQ 2 pa CQHD P Qwco w H w s § H CO H u Qqp CJ W i<Oo M < I °g n Q H i H M a Submitted to Appfi^arat/oy Tb/ r )Sempra Energy utility' General Conditions for Underground Electric Distribution, Service Systems Construction and Gas Trench 333:179 TWIN-i)'RECf'CLED WATER PUMP 3TATI.O. CONSTRUCTION / TRENCH INSPECTIONS PH: MARK-OUT 1 -800-227-2600 NOTICE ALL WORK DONE PURSUANT TO THE ATTACHED MUST BE ACCOMPLISHED IN COMPLIANCE WITH THE FEDERAL AND STATE OF CALIFORNIA OCCUPANTIONAL SAFETY AND HEALTH ACT. ONE COPY TO BE KEPT AT PROJECT SITE 106-35140F 1292 1.0 SCOPE OF GENERAL CONDITIONS 2.0 DEFINITION OF TERMS 3.0 CONTRACT DOCUMENTS 4.0 INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS 5.0 SDG&E'S RIGHT TO DO WORK 6.0 SCHEDULING 7.0 SURVEY AND EASEMENTS 8.0 PAVEMENT REMOVAL AND REPLACEMENT 9.0 EXCAVATIONS 10.0 INSTALLATION OF CONDUIT 11.0 BACKFILL AND COMPACTION 12.0 SUBSTRUCTURES 13.0 CABLE INSTALLATIONS (NEW) 14.0 SAFEGUARDS 15.0 CHANGES IN WORK 16.0 PHASING FOR ENERGIZING 17.0 DRAWINGS AND PRINTS 18.0 RELATIONSHIP OF PARTIES 19.0 FINAL ACCEPTANCE 20.0 WARRANTY 21.0 PERMITS AND LICENSES 22.0 INDEMNITY 23.0 PUBLIC RELATIONS 24.0 UNION LABOR IF APPLICABLE 25.0 RISK OF LOSS OR DAMAGE 26.0 NOTICE OR DEMAND 106-35140F 1292 1.0 SCOPE OF GENERAL CONDITIONS These General Conditions apply to new underground electric facilities and gas trench where the facilities being installed by an Applicant or by an applicant's contractor are for operations by SDG&E. 2.0 DEFINITION OF TERMS The following terms in these General Conditions shall be applied as follows: 2.1 "Agent" - Those persons authorized to act for or represent the Applicant or SDG&E. 2.2 "Applicant" - The party or parties contracting with SDG&E for underground facilities and to perform work described in these Genefal Conditions. 2.3 "Contract Documents" - The Contracts, Agreements, Specifications, General Conditions, SDG&E Standards, drawings, permits and other papers for the purpose of construction or pertaining to construction of underground electric facilities and gas trench. 2.4 "Day or Days" - Normal SDG&E work days (Monday through Friday) unless otherwise specified. 2.5 "Excavation" - Trenching, boring, and removal of soil required for the installation of substructures, all necessary backfilling including required imported backfill material and removal of trench spoil, and acceptable surface repair to the local governing authority's specifications. 2.6 "Final Acceptance" -. SDG&E's acceptance of all work performed by the Applicant includes "as-built" drawings and reconciliation of all material obtained for SDG&E. 2.7 "Final Grade" - The grade after paving and landscaping are completed. 2.8 "Finish Grade" - The grade shown on plans. 2.9 "Improvements"- The requirements of either the governing municipality or SDG&E which will ensure protection for SDG&E facilities and provide verification of finish grade. Improvements include, but are not limited to, curbs, sidewalks, berms, barricades, bridte or pedestrian paths, raised planters or parking lot berms in residential, commercial, manufacturing, or industrial projects, when these improvements are specified adjacent to SDG&E's facilities. 2.10 "Inspector" - The SDG&E employee assigned to inspect and accept or reject work on the basis of compliance or lack thereof with the Contract Documents, SDG&E standards, specifications and policies. 2.11 "Issued and Released* - When the specifications have been issued to the Construction Department and all related holds (monies, contracts, Right of Ways, etc.) have been - removed. 2.12 "Landowner" - Public or private entity, or a natural person or persons, whose property is affected in any way by construction performed by Applicant. 2.13 "Project Coordinator" - The SDG&E employee assigned to coordinate projects through construction. The Project Coordinator will work with the SDG&E Inspector and Applicant to coordinate the scheduling of SDG&E crews. 2.14 "SDG&E" - San Diego" Gas & Electric Company {including its contractors, subcontractors, employees, representatives or agents). 2.15 "SDG&E Standards" - SDG&E Gas and Electric Construction Standards, including SDG&E's "Service Guide" (available upon request). 106-35140F 1292 1 2.16 "Specifications" - The construction drawings (including any revisions, supplements or SDG&E approved field changes) furnished to the Applicant detailing the work be performed. 2.17 "Substructures" - Includes, but are not limited to, manholes, handholes, vaults, pads (for transformers, terminators or fuse cabinets), grounding grids and other structures needed to accommodate cables, connections, transformers and appurtenances. 2.18 "Vault Book" - SDG&E transformer vault specifications. 2.19 "Work" - The performing of all labor and the furnishing and installing of all material and equipment, necessary to accomplish all the duties and obligations imposed by the Contract Documents and Specifications. 3.0 CONTRACT DOCUMENTS 3.1 These Contract Documents are mutually binding on all and the Applicant must be thoroughly familiar with them. Technical trade terminology shall retain well known meanings. All Applicant work responsibility and any work reasonably inferred necessary to produce the intended results, shall be supplied by the Applicant. Specified dimensions (except as provided in section 15.0) shall govern. Work not specified shall be performed in the same manner as similar work specified. Specific details take precedence in the manner of construction. 4.0 INSPECTION OF WORK AND INTERPRETATION OF CONTRACT DOCUMENTS 4.1 All work and materials shall be of SDG&E approved manufacture class or grade specified in the Contract Documents. It shall be the Applicant's responsibility to thoroughly familiarize all of its Agents with the contents of the Contract Documents and to accurately advise SDG&E of its construction schedule. SDG&E will be represented in the field by an Inspector, and all work and material shall be subject at all times to inspection by the Inspector. 4.2 Applicant is required to call the number on the cover sheet for inspection of his work by 2:30 p.m. one workday prior to the date inspection is requested. The Inspector will inspect each completed stage of Applicant's work including: trenching, substructure installation, conduit installation, backfill, compaction, and cabling. As each stage is completed, the Inspector will approve it. If SDG&E crews are needed, they will be dispatched as available after the Inspector has verified that the Applicant has satisfactorily performed his portion of the work. 4.3 Any workmanship or material supplied by the Applicant which does not meet the criteria specified in the Contract Documents may be rejected by the Inspector whose decisions shall be final and conclusive. The decision of SDG&E shall be final as to all matters of interpretation of the Contract Documents. 4.4 Any workmanship or material rejected by the Inspector shall be replaced by Applicant at Applicant's expense. Inspections and final acceptance shall not relieve the Applicant's obligation to complete the work in accordance with the Contract Documents and SDG&E Standards. 5.0 SDG&E'S RIGHT TO WORK If the Applicant fails to perform the work in accordance with the standards, within the prescribed time period, or any obligation imposed by the contract documents, SDG&E, except as indicated below, after giving seven days written notice to the Applicant, may take over and finish the Applicant's work or may correct any defects at the Applicant's expense. If SDG&E is unable to collect reimbursement for its cost of work after 30 days from completion of the work, the actual cost may be deducted from Applicant's refundable monies on deposit with SDG&E, or, at its option, SDG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 106-35140F 1292 2 6.0 SCHEDULING After receipt of written notification from SDG&E that construction orders have been released and issued, the Applicant shall immediately advise SDG&E of the construction schedule, arrange a pre-construction meeting with the Project Coordinator and verbally confirm the start date two working days in advance of trenching. 6.1 All work by Applicant shall be coordinated with SDG&E in a manner that will permit SDG&E or its Agents to perform its work without delay and in an efficient manner throughout the period of construction without being required to reschedule its construction forces after starting the field installation. 6.2 The Applicant understands that trenching and backfilling must be coordinated with the installation of facilities such as gas piping and/or equipment by SDG&E. The Applicant shall contact the Project Coordinator to avoid SDG&E construction schedule delays. The Inspector will specify the amount of clear open trench for SDG&E work. Inspector and Construction Crew work will be performed during normal business hours. The Applicant shall continue trenching to allow the project to be completed in an efficient manner. Joint trench agreements with other underground utilities must be approved by SDG&E before the start of construction and coordinated to avoid conflicts between construction forces. 6.3 The Applicant should call Underground Service Alert (1-800-277-2600) for mark-out two working days before trenching. The Applicant must locate all existing facilities before construction and protect them throughout the construction period. Gas and electric facilities will not be installed until all wet utilities have been installed and backfilled. Pressurized sprinklers and irrigation lines installed after SDG&E's facilities must maintain the minimum clearances specified in SDG&E Standards. 6.4 Applicant shall report to Project Coordinator any damage to any facilities resulting from the construction and shall file a complete written report with SDG&E of the surrounding circumstances within 24-hours of the incident or by the end of the next working day. 7.0 SURVEY AND EASEMENTS The Applicant shall be responsible for establishing and maintaining alignment and finish grade for SDG&E substructures and trenches throughout the construction of the project. SDG&E will survey, obtain easements and stake trench positions when easements dictate a definite route on private property, or in a dedicated street position. 8.0 PAVEMENT REMOVAL AND REPLACEMENT 8.1 Applicant agrees, that when trenching or excavating in paved streets or sidewalks, all cutting, removal and replacement of pavement or concrete shall be performed by methods which meet the requirements of all governmental authorities having jurisdiction. 8.2 , Applicant agrees that any curtailment or rerouting of traffic necessitated by Applicant's work within streets or sidewalk areas shall be coordinated with all governmental authorities having jurisdiction. 9.0 EXCAVATIONS 9.1 Excavations for substructures shall be made to such dimensions and grade lines as are necessary to perform the work shown by Specifications and to a depth that will provide the ground coverage between the top of the conduit entering the substructures and finish grade directed in the appropriate SDG&E Standards. Applicant shall verify in writing that all substructures are set to finish grade prior to backfilling. The Applicant shall maintain finish grade stakes for all four corners of all substructures until final backfill and compaction has been completed and accepted by Inspector. Should any adjustments to substructures be required due to variations in final grade not previously submitted to SDG&E, all costs for adjustments made by SDG&E shall be borne by the Applicant. 106-35140F 12Q2 3 9.2 Trenches shall be excavated in accordance with location and alignment shown on the Specifications and to provide minimum width and depth necessary to install the substructures, electric lines or gas pipe as specified in SDG&E Standards. 9.3 Bottom of excavations and trenches shall be free of rocks, dirt clods and pockets and shall be graded with a base so that sags will not occur in any conduit or gas pipe placed therein as specified in SDG&E Standards. 9.4 Any excavation made to an incorrect depth shall be adjusted to the correct depth and thoroughly compacted by Applicant in accordance with the compaction requirements of the Contract Documents. 9.5 Where excavations occur in soil, which is, in the opinion of the Inspector, unstable and unsuitable for adequately supporting the conduit, gas pipe or substructures, reinforcement shall be required and constructed to accommodate the individual case as determined by SDG&E. 9.6 The Applicant shall not place excavated soil where it would pose a hazard to pedestrian or vehicular traffic or interfere with the installation of SDG&E facilities. The Applicant is responsible for the disposal of all excess soil. 9.7 If SDG&E encounters hazardous or toxic material while performing construction on the project, SDG&E will halt work immediately, and it will be the Applicant's responsibility to remove and or clean up all hazardous toxic material. SDG&E will have no liability or obligation whatsoever to clean up, remove or remediate any hazardous or toxic materials discovered during the course of construction, unless the material were deposited through the negligence of SDG&E. 9.8 The location of all excavation is subject to change as necessitated by conflicts, obstacles, or field conditions revealed by actual examination during construction and Applicant agrees to pay any additional trenching, excavation, backfill, compaction, pavement replacement or other costs required by such changes in location. 9.9 When padmount equipment is to be installed in a location which requires equipment barriers or retaining walls, Applicant shall install them in accordance with SDG&E Standards. 9.10 Retaining walls may be used as an acceptable alternative to establishment of proper grade. They shall be provided and installed at Applicant's expense per SDG&E Standards. If retaining walls are required for any reason during the warranty period, they also shall be provided and installed at Applicant's expense. 10.0 INSTALLATION OF CONDUIT THE FOLLOWING PROVISIONS APPLY TO APPLICANT'S INSTALLATION OF CONDUIT: 10.1 Conduits shall be installed in the trench in the alignment shown on the Specifications and all material used shall be those specified in SDG&E Standards. 10.2 On approval of Inspector, ground cover may be reduced where the specified minimum ground cover cannot be obtained in crossing over storm drains, foreign substructures, or other obstacles. 10.3 Extreme care shall be exercised to ensure that foreign matter does not enter the conduits during installation, or at any other time thereafter. 10.4 When such responsibilities are shown on the Specifications, cable pole conduits shall be SDG&E approved and installed per SDG&E Standards unless otherwise instructed by the Inspector. 106-35140F 1292- 4 10.5 Manufactured horizontal bends in the conduit shall be installed according to SDG&E Standards. Should field conditions warrant a lesser radius, the Applicant shall obtain SDG&E approval. 10.6 All concrete, unless otherwise permitted by Inspector, shall be ready mixed and shall meet the requirements of SDG&E Standards. 10.7 The installation of conduit by Applicant must be coordinated with SDG&E or its Agent to permit the installation of substructures and any conduit which may be installed by SDG&E. After the substructures are placed in position, the conduits shall be terminated in the substructure per SDG&E Standards. 10.8 Service conduit stubs shall be extended and marked three feet beyond the substructure or retaining wall according to SDG&E Standards. 10.9 Any trench or excavation of 5 feet or more in depth, which will be entered by SDG&E employees, requires spoil to be placed a minimum of 24 inches from edge of excavation. Depths of less than 5 feet require a minimum clearance of 12 inches. Shoring or sloping may be required in depths less than 5 feet and is required for depths 5 feet or more (OSHA). 10.10 Gas and electric facilities in conflict with other construction must be shown on plans provided by Applicant, and SDG&E must be notified prior to trenching. 10.11 Street light circuits, CATV and telephone positions must be verified by the Applicant with each serving agency and installed to their specifications in addition to SDG&E Specifications. 10.12 Each run between substructures, pads, customer's service, risers, etc., shall be one size conduit continuously, i.e., no reducers are allowed except where the conduit enters the substructure or above the ground level on a riser pole. Deviations must be approved by SDG&E. 10.13 All plastic conduit shall comply with SDG&E Standards, identified by manufacturer's marking, and be verified that it is an approved conduit. Conduit found to be defective or not on approved supplier's list shall not be acceptable. 10.14 Installation of electric conduits with concrete substructures must be coordinated with SDG&E. All conduits shall enter a substructure in a horizontal plane, using bottom set of knockouts first, exception being a 3315, 3316 and 3324 manhole in which part of the job package are pages showing conduit placement to assure correct cable training and connections. Conduits shall be terminated in substructures per SDG&E Standards. Open conduit ends shall be sealed during construction to prevent contamination inside conduit. Conduits must be watertight and mechanically sound at entry point. 10.15 Core boring can only be authorized by SDG&E to insure against structural damage. All work must be performed per SDG&E Standards. Conduits used with core boring must be grouted. 10.16 Mandreling of conduit must be performed by the installer in the presence of SDG&E Inspector. The conduit installer must provide a 3/16-inch polypropelene pullrope in each conduit. The rope shall be approved by SDG&E and have a minimum average tensile strength of 720 Ibs. Pullrope tails of 24 inches shall be secured at each end of the conduit. 106-35140F 1292 11.0 BACKFILL AND COMPACTION When Applicant's responsibility under the Contract Documents includes base, shading, backfill and compaction, the following provisions apply: 11.1 Backfill, base and shading shall be made with materials and by methods which will meet the requirements of all applicable codes, ordinances and SDG&E Standards. It must be approved by SDG&E Inspector. 11.2 Compaction shall be performed in accordance with governmental agencies and shall have a minimum of 90% relative compaction. 11.3 When gas piping is installed and not energized, shading will be done the same day, if practical, but not later than the following calendar day. Gas mains must be shaded and backfilled before they are energized. Gas services, when energized, must be covered during the same working day. During construction, new service lines mustoe made safe from normally anticipated hazards. Energized service lines left unattended must have a minimum of 12 inches cover on private property and 18 inches on public property. Completion of the backfill must be made in a timely manner. 11.4 Shading between the different levels of jointly used trench must be compacted with reasonable care to prevent damage to the facilities installed and shall be compacted before proceeding with the next utility installation. 11.5 Soil filled sacks or redwood timber breakers shall be installed across trenches as required by the Inspector in banks exceeding 25% slope. Water diversion berms shall be cut diagonally across trenches and working strips on banks exceeding 35% slope. The Inspector may require cement slurry backfill on slopes as specified in SDG&E Standards. 12.0 SUBSTRUCTURES 12.1 GENERAL Unless otherwise specified, all substructures, and related hardware including, but not limited to, frames, covers, barrier posts, ladders, ground rods, ground grids and cable supports shall be provided and installed by the party responsible for installing the substructures and shall comply with SDG&E Standards and SDG&E Vault Books. All of the substructures and related hardware used are to be approved by SDG&E. The above facilities, if applicable, will be installed at locations specified by the Specifications and in a manner prescribed by SDG&E Standards. 12.2 PRIMARY MANHOLES AND VAULTS The location of conduit entrances or recesses and sumps shall be as shown in SDG&E Standards. Manhole or Vault entrances shall be installed as shown on the specifications. Neck extensions shall be ordered with the manhole or vault and shall be adjusted to permit installation of the cover at final grade. 12.3 PRIMARY HANDHOLES When Applicant's responsibility under the Contract Documents includes all or a portion of the substructures, Applicant shall adjust the top section and lid to final grade per SDG&E Standards. Conduits entering handholes shall be terminated in accordance with section 10.8. Where any substructures are to be installed by SDG&E or its contractors and Applicant is responsible for excavation, finish grade must be established to within 3 inches before substructure can be set. The top section and lid shall be adjusted to final grade by SDG&E or its contractor if less than a 3-inch adjustment is required. The deve^er is responsible for 106-35140F 1292 6 maintaining the excavations for substructures for a period of five days. If SDG&E has not installed the substructures within the five-day period, SDG&E assumes responsibility for the excavation. 12.4 TRANSFORMER AND EQUIPMENT PADS AND SECONDARY HANDHOLES Prior to the installation of these facilities, the Applicant must complete the improvements adjacent to these facilities including barrier posts. Proper compaction and final grade must be established by Applicant and inspected by SDG&E for the transformer and equipment pads. Applicant must complete the required excavation for secondary handholes and site preparation for pads. 12.5 COMPLETION OF IMPROVEMENTS The Applicant must complete improvements (including proper compaction, final grade, excavation and site preparation) adjacent to pads and secondary handhotes prior to scheduling SDG&E crews for installation and energizing of facilities. If improvements are to be installed in segments, a minimum of 10 feet of improvements fronting electric facilities is required. Any damaged substructure shall be replaced by the Applicant before the system is energized. 13.0 CABLE INSTALLATIONS THE FOLLOWING PROVISIONS APPLY TO APPLICANT'S INSTALLATION OF CABLE: 13.1 It shall be Contractor's responsibility to protect the cable and other material furnished by SDG&E against damage. Cable pulling methods shall be subject to the approval of the Project Coordinator. If cable or associated materials are damaged due to Contractor's negligence or faulty equipment, Contractor shall replace damaged section in a manner satisfactory to SDG&E and at no additional cost to SDG&E. All sections of cable that are damaged by the application of grips shall be discarded. 13.2 All cable ends shall be sealed to effectively prevent moisture from entering the cable. 13.3 HANDLING REELS Inspection Contractor shall inspect each reel upon receipt to determine whether or not visible damage has occurred during transit and/or storage. Loading and Unloading Reels shall be handled in such manner as to prevent smashing, nicking, cutting or other damage to the cable. When unloading reels from trucks, reels shall not be dropped to the ground or allowed to roll freely down ramps. Cranes or other equipment of adequate capacity shall be utilized, and care shall be taken to avoid damage to the cable or reels. Final Inspection After removing lagging or other protective covering from reels, Contractor shall examine outside layer of each reel to be sure that the cable is undamaged and that no nails, staples, or other sharp objects which would damage the cable during unreeling protrude on the inside of the reelheads. Empty Reels Contractor shall return all empty returnable reels prior to completion of the work as instructed by the Project Coordinator. Contractor shall dispose of all empty non- refundable reels. 106-35140F 1292 13.4 SPLICES Unless otherwise directed, splices shall be made in accordance with SDG&E Standards. The Project Coordinator shallbe present when all primary splices are performed, and shall reject those splices which do not comply with SDG&E Standards. Failure to notify the Project Coordinator is justification for rejection of the splices not performed in the Project Coordinator's presence. The tools required for splicing the cable shall be furnished by Contractor and approved by SDG&E. 13.5 PROOF TESTING All primary installations shall be proof-tested prior to permanent connection to the distribution system. The Project Coordinator shall be present during all proof testing. Failure to notify the Project Coordinator is justification for rejection of the tests not performed in the Project Coordinators presence. The devices and methods utilized by Contractor for proof testing shall depend upon the circuit configuration and type of equipment. Testing methods shall be in accordance with approved SDG&E procedures. 14.0 SAFEGUARDS All material, work, traffic control and work areas shall comply with all applicable Federal, State, and local safety laws or rules that are necessary to protect Applicant's and SDG&E's employees, the public, and workmen during the time of construction. Applicant shall take all steps to protect property adjacent to the construction project from damage resulting from work specified and performed hereunder. 15.0 CHANGES IN WORK Modification of the Specifications may be made in writing by mutual agreement between the Applicant and SDG&E. Requests for changes shall be directed to Planner. Such changes may cause delays in construction and require an engineering fee and revision to the Specifications. Costs resulting from work changes are the Applicant's responsibility under section 20.0. Minor changes for adverse field conditions may be approved in writing at the job site by the Inspector to facilitate construction. 16.0 PHASING FOR ENERGIZING (Applies only when cabling is installed by SDG&E) When SDG&E and the Applicant agree before the completion of final Specifications, portions of the underground facilities may be phased for energizing before Final Acceptance provided the phasing does not delay completion of the entire project, SDG&E retains control of the energized portion, and the energized area is compatible with the system design and SDG&E's safety practices. Energizing portions of systems shall in no way relieve the Applicant of any of its duties. 17.0 DRAWINGS AND PRINTS 17.1 Applicant shall at all times maintain a set of the current Specifications at the job site, and these will at all times be available for Inspection by the Inspector who shall have access thereto on request. Applicant shall maintain at the job site any related project plans (e.g. alignment and finish grade of street improvements) approved by the governmental agencies having jurisdiction. 17.2 Prior to energizing, Applicant shall provide as-built drawings of facilities installed by the Applicant or his contractor per SDG&E Standards. 106-35UOF 1292 18.0 RELATIONSHIP OF PARTIES In assuming and performing the obligations of these Contract Documents, Applicant is acting as an independent contractor. Applicant shall assume full responsibility for the ownership, custody, and control of work and facilities to be constructed. All persons employed by Applicant in connection herewith shall be employees of Applicant. SDG&E's inspections, or any suggestions or objections made by SDG&E shall not constitute or be construed as an exercise of management or supervision over the work, nor shall it be construed as acceptance of the work, or any part thereof, as it progresses, nor shall it limit or affect the right of SDG&E to reject any part or all of the work when completed in case the same does not conform to Contract Documents. 19.0 FINAL ACCEPTANCE Final acceptance by SDG&E will be made when Applicant has provided "as-built" drawings and satisfactorily completed all work and improvements as called for in the Contract Documents including reconciliation of materials. SDG&E shall notify Applicant in writing of final acceptance of the work. Failure or neglect on the part of SDG&E to reject inferior work during the construction period shall not be construed to imply acceptance of such work nor to preclude its right to reject it. Applicant shall be required to correct all defects which become evident at any time prior to final acceptance of Applicant's work by SDG&E. The cost of all such repairs, material, labor, and overheads shall be borne by Applicant. Ownership, custody, and control of the work and facilities shall pass to SDG&E only upon Final Acceptance. 20.0 WARRANTY The Applicant expressly represents and warrants that all work performed and all materials used are free from defects of workmanship and conform to the Applicant's Contract obligations. This warranty shall commence upon Final Acceptance and end one year from that date. The Applicant shall pay the actual cost to SDG&E for any breach of this warranty corrected by SDG&E (including labor, material and overheads). If SDG&E is unable to collect for the work after 30 days from completion, the actual cost may be deducted from the Applicant's refundable monies on deposit with SDG&E. SDG&E may recover such cost by claim against the surety on the performance bond furnished by the Applicant. 21.0 PERMITS AND LICENSES The Applicant shall obtain and pay for all permits and licenses required by governing agencies before starting any work. In the event any governmental agency imposes conditions which necessitate any changes in the trench or conduit system shown on the Specifications, the Applicant agrees not to proceed with any work affected by the conditions until SDG&E has completed the necessary redesign of construction drawings and new agreement documents have been signed by SDG&E and the Applicant. New agreements shall be the standard agreements in effect at the time the changes a made. 22.0 INDEMNITY Applicant will indemnify, defend, hold SDG&E its employees and agents harmless from any and all claims, demands, loss, liability or expense (including attorneys' fees) for injury to or death of any person, or damage to or destruction of any property, in any way resulting from or connected with the performance of the work by Applicant's Contractor, its agents, employees, or subcontractors regardless of the negligence of SDG&E except in those cases where SDG&E has been solely negligent or SDG&E's willful misconduct caused the damage or injury. For purposes of this indemnification, SDG&E's inspections, objections or comments shall NOT be construed as an exercise of management or supervision. 23.0 PUBLIC RELATIONS The Applicant shall maintain a good public image. Excess soil, litter and debris around the work area shall be removed during construction. Due precaution shall be observed to avoid damage to lawns, trees, shrubs, flowers, fences and other property. All landowners and tenants shall be notified in advance when work interferes with their use of walks, driveways, roadways or entrances. Any disagreements, problems or adverse criticism in connection with the work from area landowners, tenants, the general public or public officials shall be reported promptly to the Project Coordinator. 106-35140F 1292 '9 24.0 UNION LABOR IF APPLICABLE If for any reason, any work is performed by Applicant upon facilities that are at the time of work by Applicant, owned and maintained by SDG&E, Applicant agrees that such work shall be done in compliance with the terms and conditions of that amended Agreement between SDG&E and Local Union 465, International Brotherhood of Electrical Workers, or such other agreements as may be entered into between the Applicants' Contractor and bonafide unions of international organizations affiliated with the American Federation of Labor and Congress of Industrial Organizations or other bonafide labor organizations. 25.0 RISK OF LOSS OR DAMAGE The Applicant must take proper care to protect, and avoid any Joss or damage to, material and/or equipment furnished by the Applicant or by SDG&E until Final Acceptance. Any damage, injury or loss shall be repaired, corrected or replaced by the Applicant at his sole expense. If the Applicant fails to do so, SDG&E may complete the work and deduct such costs from any amounts due or to become due to Applicant, or SDG&E may, at its option, recover such cost by claim against the surety on the performance bond furnished by Applicant. 26.0 NOTICE OR DEMAND Any notices or demand which may or must be given by either party to the other hereunder unless otherwise specified shall be made in writing and shall be deemed to have been duly given when delivered by personal service, or 24 hours after it is deposited for mailing at San Diego, California, by certified United States mail, postage prepaid, addressed as follows, or to such other place as the parties may hereafter in writing direct: TO UTILITY: TO APPLICANT: San Diego Gas & Electric Company Address P.O. Box 1831 San Diego, CA 92112-4150 Attention: : Attention: 106-35140F 1292 1O Appendix D SBC California Underground Conversion =0 vU S 2 8 S 8 ??Hv "S '8 '8 S "Sb b Ki K< F.|?77? E "R 5 5 8R a si si si 1 i i 1 ??!!«K K & & & ?« Ill 3 "§"* _J _l _l h» "Ig fllif|a i § a i TABLE OF CONTENTS General Requirements 3 Trenching 4 Conduit 5 Material Requirements 5 Installation Requirements . 6 Boxes and Manholes 7 Material Specifications ...7 Installation Specifications for Boxes 7 Installation Specifications for Manholes 8 Service Cabinets/Bonding and Grounding 9 Pre-wire 10 * 2004 SBC Communications Inc. General Requirements 1. Contact the SBC company trench coordinator 15 days prior to construction to establish a pre-construction meeting date. Notify SBC Inspector at least 48 hours prior to trenching to ensure inspector will be on site. /sT) Verify the location of SBC and all utility substructures and buried vi> facilities two (2) days prior to excavation. Call Underground Service Alert: North 1-800-227-2600 South 1-800-422-4133 /4.1 Pro vide supervision and coordination between the various ^-contractors working within the project in order to prevent damage to SBC facilities. The developer is responsible for the cost of repairs, replacement or relocation made necessary by damage to the SBC facilities by other work operations. (5y Construct trench and place substructures according to SBC plans ~ and specifications. Request and get authorization for any design change from the SBC company change. ' company trench inspector or engineer prior to implementing the Provide "As Built" drawings with the footages to the SBC Inspector or Engineer upon completion of the conduit system. SBC \KlSpeCT0S.: BOB THOUPSOSl • 2004 SBC Communications Inc. Trenching 1 . Area of proposed trench route must be graded to within 6" of final grade prior to trenching. Minimum radial clearance must be 12" from all trench occupants except CATV (C.P.U.C. Order 128), unless there is a prior signed agreement with SBC. Bends, sweeps or grade changes that have a radius of 80* or less or a grade change of 20% or more must be encased in 2500 psi concrete. (4/ Minimum trench cover must meet the governing agency ^^ requirement. 5. Property corners of each residential or business lot must be staked prior to cable placement to determine the exact location for SBC fixtures. All trench backfill material must be minimum Class B and compacted in accordance with governing agency specifications. TELCO (SBC) ONLY TRENCH FINAL GRADE © 1" 112" SAND SAND (TYPICAL) JOINT TRENCH FINAL GRADE 3" SAND (TYPICAL) 12" SAND 12004 S8C Communications Inc. Conduit Conduit placed for SBC must be for its exclusive use. SBC will not occupy the same conduit with other utilities or foreign cable/communication systems. SBC may refuse to occupy conduit that deviates from our plans and specifications. Electrical four inch (4") conduit is never acceptable for SBC use. The developer is responsible for repairing or resolving any problems with the conduit they have installed that prevents SBC from pulling its cable through the conduit using normal installation methods. All conduit sections must be rodded, cleared, and roped prior to SBC pulling in cable. If the job calls for SBC to provide the conduit material to the job site, the developer or his/her agent must be on site to sign for the delivery. Material Requirements 1. Four inch (4") conduit must be type C plastic. • Minimum sweep for 4" conduit is three (3) ft 90 degree radius. • Three-eighth inch (3/8") minimum polypropylene pull line or equivalent strength Polyester Woven Mule Tape must be installed in 4" terminated conduit end to end. • All terminated conduit must be measured, end to end, and the lengths included in the "As-Builts". 2. Two inch (2") conduit must be type PTS 66/DB 120 rigid plastic. • Minimum sweep for 2" conduit is two (2) ft 90 degree radius. • Maximum of four (4) 90 degree bends for service connections that exceed 200'. • Three-sixteenth inch (3/16") or larger, polypropylene pull line or equivalent strength Polyester Woven Mule Tape must be installed in 2" terminated conduit end to end. • All terminated conduit must be measured, end to end, and the lengths included in the "As-Builts". 12004 SBC Communications Inc. -X" 3. One inch (1") conduit must be ABS-DB, Schedule 40 or equivalent. • Three-sixteenth inch (3/16") polypropylene rope or equivalent strength Polyester Woven Mule Tape must be installed in 1" terminated conduit end to end. f 4. Conduit exposed to sunlight MUST be Schedule 40 or equivalent. 5. Only standard factory bends may be used, no field bending of conduit if radius is less than 80'. 6. Conduit placed on private property for service to the individual residence may not exceed two inch (2") diameter. NOTE: 1" conduit is only acceptable for service wire installations to single family units. ^ 7. Two inch (2") conduit must be placed for service connections (from property line to residence) that exceed 200" in length. Plastic or polymer boxes ("water boxes") may be used with one inch (1") conduit for longer distances as long as the maximum pull between terminating points does not exceed 200* or have more than four (4) 90 degree bends. 8. All stubbed conduit must be capped. 9. If plastic or polymer boxes are used for service connection pulls on private property they must be 9" diameter x 10" for round boxes, or 10" wide x 15" long x 12' deep for square boxes. Installation Requirements Minimum trench coverage is detailed on page 2. Boxes are to be ordered with the appropriate number of knockouts or terminators to accommodate the conduits (excluding 9" round or 11" "water boxes"). Service conduit (1 "or 2") is to be terminated above distribution conduits (4") in the box to prevent water flowing from the box and down service conduit toward the building. * 2004 SEC Communications Inc. Boxes and Manholes Material Specifications All boxes and manholes placed by the developer that will be owned and maintained by SBC must be NewBasis or Utility Vault. All approved boxes have an SBC PID number. 1 . The approved manufacturer for plastic or polymer boxes is NewBasis. Boxes installed for SBC use that are 30" x 60" or smaller must be plastic or polymer. The main number for New Basis is 909- 787-0600. They can also be contacted through their website at www.newbasis.com . 2. The approved manufacturer for concrete boxes and manholes is Utility Vault (Oldcastle). Contact information for Utility Vault's distribution centers is posted on their website at www.oldcastieprecast.com Installation Specifications for Boxes 1. All boxes must be placed in areas outside of vehicular traffic. Manholes will be specified by SBC if protected areas are not available. 2. Placement of boxes and manholes must allow for the final grade of new sidewalk and parkways. 3. A minimum of six inches (6") of compacted sand, graded level is required under all hand holes and splice boxes. Six inches (6") of gravel, drain rock or base rock is required for manholes. Conduit must terminate at the end wall or side wall in a terminator or knockout as specified by the SBC Engineer. Entry through the bottom is never acceptable. ** 5. All conduits entering knockouts in a plastic or polymer box must be cut within one inch (1") flush with the inside of the wall and sealed. All joints must be mortared and all unused ports and openings sealed. Use cement mortar, water plug cement or other approved prepared mortars. © 2004 SBC Communications Inc. Installation Specifications for Manholes 1. Conduits must be terminated in the manufactured terminators only. Main conduits must be placed in lower terminators first. From each terminator, a minimum of 5' of straight conduit is required (no bends). Manholes are not to be cored without prior SBC approval. 2. Manhole number (MH #123) and volume (v 248) must be stenciled with a 7a" die stamp on the frame casting (not cover). If the stenciling can be read from the curb then stamp at position (A) as shown on the diagram below. If not, then stamp at position (B) when facing the oncoming traffic. 3. Steps and ladder must face oncoming traffic. Steps: First step 6"-17" from grade to step (C). All other steps 12" separation from each other (D). All, steps must be concreted in place and extended 6" from MH wall. 4. Cover from grade to MH roof must be a minimum of 24" and a maximum of 60", unless otherwise indicated by the SBC engineer. 5. Neck of MH (extension) must be painted with white latex paint after joints are mortared. 6. Floor of MH must be level. SIDE VIEW 12004 SBC Communications Inc. Service Cabinets, Bonding and Grounding All service cabinets, bonding and grounding requirements must meet the National Electrical Code. The list ot requirements and diagram below provide the minimum specifications accepted by SBC for residential use. • 20 Gauge Steel Weatherproof UL Listed Cabinet Must meet the following UL 50 Standard for Safety Criteria: Edge Requirements, Number 1 or 2 for Interior Use, Number 3 R for Exterior Use, Protection Against Corrosion, Overlap Requirements • Minimum 11 V, " H X 14" W X 4" D [Less Mounting Flange) • Equipped With W Plywood Backboard • Allow 3' Minimum Clearance In Front Of Cabinet Grounding Options Are Listed In Order of SBC Preference: 1. UFER Bar Extended Maximum 1" IntoTelco Cabinet 2. #10 Ground Wire From UFER To Telco Cabinet 3. Conduit From UFER To Telco Cabinet For Ground Wire Placement 4. Without electrical service, bond to a driven ground rod that is a minimum of 12.7 mm (0.50 in) in diameter and 1.5m (5 ft) long. 54" Max 36" Min UFER Ground 24" Minimum Radius Bend Conduit Size Minimum 1"/ Maximum 2" © 2004 SBC Communications Inc. Pre-wire Material Specifications Customer owned wire (pre-wire) must meet the FCC registration rules part 68, subpart C, section 68.213. 1. Two pair sheath wire: shall contain four (4) solid copper conductors, each of which has insulation in the industry standard color coding format. This format must provide "red and green" wires for the talk pair and "yeBow ancj black" wires for the second pair. 2. Three pair sheath or more: shall contain a minimum or six (6) solid copper conductors in the "blue/white, orange/white, green/white" color coding format. 3. The wire must be twisted pair with an outer sheath of insulation. The conductor size must be either 22 AWG or 24 AWG. 4. The developer must tag and terminate the pre-wire at the SBC Standard Network interface. ) 2004 SBC Communications Inc.10