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Ayala Engineering; 2012-06-28; PWS12-44UTIL
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS /1— ate Public Work iPirector By: Deputy City ttorney CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. 5503-6, Ma Rehabilitation, El Camino Real and Avenida Encinas, and has requested that the C Carlsbad accept the public improvements. City forces have inspected the public improver and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Manhole replacement & rehabilitation $71,780 The construction of the above described public improvements is deemed complete and h reby accepted. The City Clerk is hereby authorized to record the Notice of Completion and re ase the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above desc ibed improvements. hole y of ents tt(W(g, Date CISA-FML-DABRAND, City Manager \Taw} 694,-t[65 APPROVED AS TO FORM: RONALD R. BALL, City Attorney Word \Masters \ Forms\Acceptance of Public Improvements (City) 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 BID NO. PWS12-44UTIL Revised 03/21/12 Contract No. 5503-6 Page 1 of 89 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation. 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 03/21/12 Contract No. 5503-6 Page 2 of 89 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 39 1-3 Abbreviations 43 1-4 Units of Measure 46 1- 5 Symbols 47 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts , 48 2-4 Contract Bonds 49 2-5 Plans and Specifications 50 2-6 Work to be Done 53 2-7 Subsurface Data 53 2-8 Right-of-Way 53 2-9 Surveying 53 2-10 Authority of Board and Engineer 53 2- 11 Inspection 54 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 54 3-2 Changes Initiated by the Agency 54 3-3 Extra Work 56 ^W- 3-4 Changed Conditions 58 3- 5 Disputed Work 59 Section 4 Control of Materials 4- 1 Materials and Workmanship 62 4- 2 Materials Transportation, Handling and Storage 66 Section 5 Utilities 5- 1 Location 67 5-2 Protection 67 5-3 Removal 68 5-4 Relocation 68 5-5 Delays 69 5- 6 Cooperation 69 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 69 6-2 Prosecution of Work 70 6-3 Suspension of Work! 70 6-4 Default by Contractor 71 6-5 Termination of Contract 71 6-6 Delays and Extensions of Time 72 6-7 Time of Completion. 72 6-8 Completion, Acceptance, and Warranty 73 6-9 Liquidated Damages 74 6-10 Use of Improvement During Construction 74 Revised 03/21/12 Contract No. 5503-6 Page 3 of 89 Pages ^ Section 7 Responsibilities of the Contractor [ 7-1 Contractor's Equipment and Facilities 74 7-2 Labor 74 7-3 Liability Insurance 74 7-4 Workers' Compensation Insurance 75 7-5 Permits 75 7-6 The Contractor's Representative 75 7-7 Cooperation and Collateral Work 76 7-8 Project Site Maintenance 76 7-9 Protection and Restoration of Existing Improvements 78 7-10 Public Convenience and Safety 78 7-11 Patent Fees or Royalties 85 7-12 Advertising 85 7-13 Laws to be Observed 85 7- 14 Antitrust Claims 85 Section 8 Facilities for Agency Personnel 8- 1 General 85 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 85 9-2 Lump Sum Work 86 9-3 Payment 86 9-4 Bid Items 89 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01025 Measurement and Payment DIVISION 02 - SITE WORK 027660 Mortar and Epoxy Coating Manhole Rehabilitation APPENDIXES Appendix A Door Hanger for Project Notification Appendix B Applicable City Standard Drawings (for reference only) Appendix C Schedule of Sewer Rehabilitation Appendix D Vicinity and Site Location Maps Appendix E Manhole Inspection, and Photographs Appendix F Record Drawings Revised 03/21/12 Contract No. 5503-6 Page 4 of 89 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVmNG BIDS UNTIL 2:00 PM ON MAY 31, 2012, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Rehabilitate 13 sewer manhole by epoxy/mortar restoration and replace 12 frames and covers. MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 6503-6 BIDNO. PWSI2-44UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Soecifications for Public Works Construction. Parts 2 & 3. current edition at time of bid opening and the supplements thereto as published bv the "Greenbook" Committee of Public Works Standards. Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 03/21/12 Contract No. 5503-6 Page 5 of 89 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 11. Manhole Liner and Coating Manufacturer's Certification per Specification Section 02760. ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $89.585.00. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE UCENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification Description A General Engineering ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 03/21/12 Contract No. 5603-6 Page 6 of 89 Pages INTENT OF PLANS AND SPECIFICATIONS ^ „^ Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in W this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance ^* commissioner. Revised 03/21/12 Contract No. 5503-6 Page 7 of 89 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. April 17. 2012 Date Deputy City Clerk Publish Date: 4/20/12 Revised 03/21/12 Contract No. 5503-6 Page 8 of 89 Pages CITY OF CARLSBAD MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5503-6 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: MANHOLE REHABILITATION SCHEDULE "A" EL CAMINO REAL Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Contract Bonds, Insurance, LS $ 2.000 $ 2.000 Encroachment Permits, Rights-of-Entry, Project Management, Mobilization, Demobilization, and Preparatory Work at a Two Thousand Dollars (Stipulated Amount: Do Not Change) A-2 Epoxy/Mortar Manhole 40 VF $ ^^d.CO %/?:V00. OO Restoration (including rehab to the base) at (Price per Vertical Foot) A-3 Frame and Cover 4 EA $ ^OO.OO $ 3.a>OC.<:>0 Replacement at (Unit Price in Words) Revised 03/21/12 Contract No. 5503-6 Page 9 of 89 Pages Item No. Description A-4 Furnish, Install, and Maintain Traffic Control including Preparation and Approval of Traffic Control Plans, All Signs, Delineators, Arrow Boards, and Flagmen at (Price in Words) Approximate Quantity and Unit Unit Price LS COO. OO Total %J?.COO.OC Total amount of bid in words for Schedule "A": y^f/OTy ifyyt ^o€4S^/0Z> J?CCJ^/I^ S Total amount of bid in numbers for Schedule "A": $ O 0 Item No. B-1 MANHOLE REHABILITATION SCHEDULE "B" AVENIDA ENCINAS Description Contract Bonds, Insurance, Encroachment Permits, Rights-of-Entry, Project Management, Mobilization, Demobilization, and Preparatory Work at Three Thousand Dollars (Stipulated Amount: Do Not Change) B-2 Epoxy/Mortar Manhole Restoration (include rehabilitation to the base) at B-3 Frame and Cover Replacement at Approximate Quantity and Unit LS (Price per Vertical Foot) (Unit Price in Words) Unit Price $ 3.000 73 VF S 8 EA $ 900.00 Total $ 3.000 Revised 03/21/12 Contract No. 5503-6 Page 10 of 89 Pages Item No. Description B-4 Furnish, Install, and Maintain Traffic Control including Preparation and Approval of Traffic Control Plans, All Signs, Delineators, Arrow Boards, and Flagmen at (Price in Words) Approximate Quantity and Unit LS Unit Price Total OPENED, WITNESSED AND DATE Total amount of bid in words for Schedule "K./-Q/^T^ T^/oe 7^acu$A7A)D It oT Did in worq^ tor bcneauie : ro/c/ ^ A/oa x^a Total amount of bid in numbers for Schedule "B": $ 7^0.C>a Totalamount of bid in words including Schedule "A" and Schedule "B"'.Si£U£/OTy O/OE' Total amount of bid in numbers including Schedule "A" and Schedule "B": $ 7J. 7S^(^.00 The basis of award will be the sum of Schedules "A", and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s).. proposal. has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 9S^3S'3r' , classification which expires on S-J^/^/S , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who Is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: Revised 03/21/12 Contract No. 5503-6 Page 11 of 89 Pages Check a License - License Detail - Contractors State License Board Page 1 of 2/ Department of Consumer Affairs - Contractors State License Board Contractor's License Detail - License # 959385 /i\ DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If tiiis entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date 959385 AYALA ENGINEERING Business Phone Number: (714) 823-7179 8482 EAST MEADOWRIDGE STREET ANAHEIM, CA 92808 Sole Ownership 03/29/2011 03/31/2013 Extract Date 5/31/2012 License Status Classifications ACTIVE This license is current and active. All information below should be reviewed. CLASS A DESCRIPTION GENERAL ENGINEERING CONTRACTOR Bonding Workers' Compensation CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100157778 Bond Amount: $12,500 Effective Date: 03/17/2011 WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 9004955 Effective Date: 02/08/2012 Expire Date: 02/08/2013 Workers' Compensation Historv https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=95... 5/31 /2012 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 3/0 Sc/\J/> .(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 t/U^//l/^fi^y/l?(^ 2) Signature (given and surname) of proprietor IF A PARTNERSHIP. SIGN HERE: 3) Place of Business if. /^^^^>x//€/z>^^ s7. City and State /l/O/l/^^/M.. /^/^ (Street and Number) 4) Zip Code P¥0t Telephone No. ^J'/- ' ?/^9 5) E-Mail €^/i/y/il/^^/0^yAJ^r?^y/V(^. ^ 1) Name under which business is conducted. 2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) 3) Place of Business City and State 4) Zip Code 5) E-Mail ___ (Street and Number) Telephone No. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 12 of 89 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) (Title) (3) Incorporated under the laws of the State of ^/ (4) Place of Business Impress Corporate Seal here (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail 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 03/21/12 Contract No. 5503-6 Page 13 of 89 Pages BID SECURITY FORM (Check to Accompany Bid) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; othen/vise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless othenrt/ise 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 03/21/12 Contract No. 5503-6 Page 14 of 89 Pages BIDDER'S 80ND TO ACCOMPANY PROPOSAL MANNOl^ REHABILITATION. EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5S03-$ KNOW ALL PEiRSONS BY THESE PRESENTS: Tliart we, Ayala Engineering m Prinoipil. m4 Developers Surety and Indemnity Company as Surety are ^eld and finm^y^ound unto the Crty of Ciifltbaclv criifomia, in an amount a« toitows: (must m Mi least ten jfmcmt (10%) of mm m mmmumjen Percent of the Total Bid Amountfof whidi pa^#nt, '^11 and truly made, m Mnd ouraalvia, our heirs, exaoitors and admin«6tatprs, suco^sors Of assHins, joWly and severalty, firmly by llias© presents. THE CONDITIOI^ Of THE FORESOiNG OBLJGATfO*^ IS SUCH that if tha proposal of the above- bounden Prfncipai for: MAMHOLE REMA&ILITATtON, EL CANHNO REAL AND AVENIOA ENCINAS CONTRACT NO. mZS m the City of Carisl^ad, is sK^pied by th& Cily Council, and if ^ Frindpa^ st^ali dyly enter into and eiecirte a Conrtnact inducing r©i|uired bonds and Insurartqe policies mthm ts^nly (20) days from the data of mm6 erf CofHrad: by the City Cmroil of the City 0f Cartsbad, Iseing duly notWad 0f said award, ttiao mm oisBfatiori sitsit becoim null and void: Qttieiwfese. «t shall b& and mmain in foil force and eAect. and th« mmmt ^>edlie<i herein sliali be fodefted lo the said CHy. tn the event Pfindpal e3«ec?uted this bond as an irMlividyai, i is agri«d that the d$aih <^ Principal siiaii not exonerate tie Surety from m #l>!igations uncier tiiis l^ond. ixecutad fey PRINCIPAL this 30 day of A/XI/ 20 PRINCIPAL Ayala Engineering fivin> nsupie\A '^mtBt\ ' [print r»ame here) (Title and Or^aniji^tion of; By: taforyi (sign here) {print name tiere) E)(ecuied by SURETY m% isth <^ .May 2012 "^7^ SURETY: Developers Surety and Indemnity Company (n®me of Surety) 3517 Camino Del Rio South Suite 200, San Diego, CA 92108 (address of Sur^) 619-521-9686 _ Ct^efpfrane nymber sji Sune^j {tiie and organijssa^ of signa*'Cfy) (s^ii^wre of At^rney-in-Fa?^) Shaunna R. Burchfiel, Attorney-in-Fact (pflnled nam# of Attorney-ln-Faci) (Attadh oofpora*e reaolylfeon showing oirrent pwer of attorr^yj {Pmpm- nptar^al ad<nowledgnn©fit of «xa€ulion by PRINCtPAL and SURETV must m attached.) (President or viceipfestdlajil ami secretary m ais^tanl secfel^ must afin for corporations. If only one office sl^fi^, the oorpor^^on must attach a resolute oertiiad by tte sacraiary or assistant se<^l^ary urder corporate se^ empowering that crficar to Wnd the csorp<Nration) APPf?OVE0 AS TO FORM RONALD R BALI City Attorney Asa^^nt City Attor^y Page iSof SSPafCjta, ACKNOWLEDGMENT State of Califomia County of Orange On May 15th, 2012 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the personte) whose name^^§iare subs^ibed to the within instrument and acknowledge^ me that he/^5^they executed the same in his^e^their authorized capacitypes), and that by hi^/h^^/their signaturej^^ on the instrument the persbnj^, or the entity upon behalf of which the person^js^ acted, execufed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature > DC ' JO m ?' 14 X (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COIVIPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Shaunna R. Burchfiel, George J. Burchfiel, Suzzanne D. Burchfiel, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfomi every act necessary, requisite or proper to be done in connection thereviflth as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chainnan of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. Bv: ^\ I ^Z^^yj^..^^^ Daniel Young, Vice-President By:_ Stephen T Pate, Senior Vice-President State of Califomia County of Orange On January 31,2011 . before me,. Date iSi OCT. %<^\ 19 36 Antonio Alvarado, Notary Public Here Insert Name and Title of the Officer personally appeared, Daniel Young and Stephen I Pate Name(s) of Signer(s) AhnrONiO ALVARADO ocmn.§imoim :si^S3i^ffi^icmmtnm]ca^ji^^ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califomia, this 15th day of iVlay ,2012. iregg OkuraWjfcistant Secretary ID-1380(Rev.01/11) CALIFORNIA ALL-PURPOSE ACKNOWLEDQ^VIEP^T State of California County of ^^^P:^^^.^X4/i^^<— ^ ^ before me, On Date personally appeared A. A A A. •*-"*•-* •*• ^ ^ •la^aMBh^hAiaflh^k^Jkl^^ GLORIA M. FERRIER f. COMM. #1889108 O NOTARY PUBLIOCALIFORNIA 2 ORANGE COUNTY <p My Comm. ExpMs Nov. 20,2013 vnrwWW yvvw I I 'I i I \ i % % \ I I i t t <S 2010 National Notary Association • Nalional'Notary.org CIVIL CODE § 118S I Here Insert Name and Title M the Officer Name(s) ol Signer(s) Pl.ice Notary Seel Above who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within in.strument and acl<nowledged to me that he/she/they executed the same in his/her/theif authorized Capacity(ies), and that by tiis/her/their signature(s) on the instrument the per3on(s), or the entity upon behalf of which tiie person(s) acted, executed ti-ie instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ol^icial seal. Signature:.. OPTIONAL — Signature of Notary Public Though the information below is not required by law, it may prove valui3ble to persons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documert: Document Date: Number of Pages: Signer(s) Otiier Tiian Named Above: Capacity(ies) Claimed by Signer{s) Signer's Name: Corporate Officer individual Titie(s): Pailner — D Limited • General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here Signers Name: • Corporate Officer — • Individual iTi Partner — G Limited L. Attorney in Fact • Trustee Title( General TilGHTTHUMBPRINT : tJFBIGNER • Guardian or Conservator • Otiier:. Signer Is Representing: Top.of thumb here k I •A I i f I 1 I 1 I 1 I •A i •'X' i I I I 1 i I % 0. 1-800-US NOTARY (T-800-876-6327] Hem #5507 Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17771 COWAN, SUITE 100 IRVINE, CA 92614 Agent for Service of Process SUSAN M. MOORE, 17771 COWAN SUITE 100 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 12718 NAIC Group #: 0075 Califomia Company ID #: 4606-0 Date authorized in Califomia: August 30, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http ://interactive .web. insurance.ca. gov/webuser/idb_co_prof_utl. get_co_prof?p_EID-100... 5/31/2012 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM Copyright © Califomia Department of Insurance http ://interactive .web. insurance. ca. gov/webuser/idb_co_prof_utl. get_co_prof?p_EID= 100... 5/31/2012 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and Included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. ¥ Revised 03/21/12 Contract No. 6503-6 Page 17 of 89 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 infomiation. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 03/21/12 Contract No. 5503-6 Page 18 of 89 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* c Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." I ¥ Revised 03/21/12 Contract No. 5503-6 Page 19 of 89 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINASNUE CONTRACT NO. 5503-6 I The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract ir^T6;^^0 ^9?0Qa^ < 0rj^/O5/£>f ^ ^^9J00.c0 ^/iZto/O ^O i 70l'3\3~0 r t?/k^T/A (2A ^^?70 i <^/000.OO f^^o\ </35^^ <r^^o « Revised 03/21/12 Contract No. 5503-6 Page 20 of 89 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of Insurance showing conformance with the requirements herein for each of: Comprehensive General Liability \?r Automobile Liability (ZT Workers Compensation [ZT Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of Insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue Insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ¥ Revised 03/21/12 Contract No. 5503-6 Page 21 of 89 Pages ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MNUDD/YYYY) 05/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certtflcate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltlohs of the policy, certain policies m^^ require an endorsement. A statement on this certificate does not confer rights to the certtflcate holder in lieu of such endorsement(s). PRODUCER Risl< Transfer Associates Insurance RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin, CA 92780 CONTACT NAME: PRODUCER Risl< Transfer Associates Insurance RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin, CA 92780 K.Ext>: 714.617.7161 NO,: 714.617.7162 PRODUCER Risl< Transfer Associates Insurance RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin, CA 92780 E-MAIL ADDRESS: PRODUCER Risl< Transfer Associates Insurance RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin, CA 92780 INSURER(S) AFFORDING COVERAGE NAIC* PRODUCER Risl< Transfer Associates Insurance RTA Pacific Coast Surety 700 W. 1st Street, Suite #3 Tustin, CA 92780 INSURERA: International Ins.Co. of Hannovei • Ltd. INSURED Ayala Engineering 5753 E. Santa Ana Canyon, #G-571 Anaheim, CA 92807 INSURERS : Wesco Insurance Company INSURED Ayala Engineering 5753 E. Santa Ana Canyon, #G-571 Anaheim, CA 92807 iNsuRERC: State Condensation Insurance Func 1 INSURED Ayala Engineering 5753 E. Santa Ana Canyon, #G-571 Anaheim, CA 92807 INSURER D: INSURED Ayala Engineering 5753 E. Santa Ana Canyon, #G-571 Anaheim, CA 92807 INSURER E: INSURED Ayala Engineering 5753 E. Santa Ana Canyon, #G-571 Anaheim, CA 92807 INSURER F: COVERAGES CERTIFICATE NUMBER: 2012 Master GL/WC/AUTO REVISION NUMBER: THIS ISTO CERT!FYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF (MM/PmYYYY) POLICY EXP (MIWDDfYYYY) LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILrfY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE IGOl200041800 02/07/2012 02/07/2013 EACH OCCURRENCE UAMA^t I OWEN I hU PREMISES (Ea occurrence) OCCUR MED EXP (Any one person) xcu PERSONAL & ADV INJURY GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: POLICY PRODUCTS - COMP/OP AGG COMBINED SINGLE LiMIT (Ea accident) 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000.000 AUTOMOBILE LIABILITY WPA1029997 00 02/07/2012 02/07/2013 1,000.000 SiKf B ANY AUTO ALL OWNED AUTOS HIREDAUTOS BODILY 1NJUF?Y (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREG-^^TH RETENTION $: Y WC STATU-^ TORY LIMITS ER WORKERS COMPENSATION ANDEMPLOYERS" LIABILrrY yj^ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERflvlEMBER EXCLUDED? (Mandatory In NH) !f yes, describe,under DESCRIPTION OF OPERATIONS below 9004955-2012 02/08/2012 02/08/2013 • E.L EACH ACCIDENT 1.000.000 El, DISEASE- EA EMPLOYEE 1.000.000 E.L DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Additional R«mai1<s Schedule, If more space Is required) RE:Manhole Rehabilitation, El Camino Real and Avenida Encinas Bid No. PWS12-44UTIL, PROJECT NO:5503-6 see notes •30 days notice of cancellation. *10 days notice for non-payment of premium. X.IP or "Wrap-Up" jobs are excluded CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Dept Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELftitRED IN ACCORDANCE WTIH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Rocio Gut1errez/R0CI0 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Carlsbad Certificate issued to City of Carlsbad 05/11/2012 Risk Transfer Associates Insurance III"— \^ I i'r"iT"r'""""'r""r"'rM'"r' 'iT"':""!""! "7 "r"'T;"f "TTTI I I I •• -—— •••— •, i"T,'.';ii'i':7;;.™"ar~"~""" ' i ; ' ' " " • • • ' ••7-;,;;,,,;,,, r 18/2012 \tf^ City of Carlsbad, its officials, employees and volunteers are named as additional insured arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City its officials, employees and volunteers. Additional insured endorsement and primary wording apply per attached endorsement TMGL1751011 and includes Waiver of Subrogation with regards to the General Liability. The City of Carlsbad, its officials, employees and volunteers are named as additional insured arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City its officials, employees and volunteers. Additional insured endorsement and primary wording apply per attached endorsement CA20480299 and includes Waiver of Subrogation with regards to the auto. Waiver of Subrogation with regards to the Workers' Compensation is included in favor of The City of Carlsbad per attached State Fund Certificate. Ayaia EBgiseer^ Iiiter&atioaal iBSura&ce Compaay of HasBOver Ltd. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Additional Insured - Owners, Lessees or Contractors - Completed Operations (PRIMARY) This endorsement modifies insurance provided under the foiiowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART: PoliGy No.: TG01200041800 Effective Date: eim/mi Name of Additional Insured Person(s) Or Organization. Location and IDescriptton of Completed OperalSons: We shall name person(s} or organization(s) as additional insured(s) to this insurance as required under a written contract with the Named Insured entered into before the claim or loss for which th is policy applies. No coverage, indemnity and/or defense obligations shall be provided under this endorsement to any person(s) ororganizatjon(s) claiming to be additional insured(s) for claims or losses which do not arise from the Named Insured's work or operations under a written contract and completed during the policy period. The Named Insured's mere presence at a work site shall not be deemed sufficient cause to require coverage, indemnity andAsr defense to any person(s) or organization(s) claiming to be an additional insured u nder this endorsement There shall be no coverage, indem nity, and/or duty to defend any person(s} or organizationCs) claiming to be an additional insured underthis endorsement if the claim or loss does not arise, in whole or in part, from the negligence and/or fault of the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in tlie "products-completed operatiGns hazard." If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL175 10 11 Ayala Eaglseeriitg laterDational IitssraBce Company of HasBover Ltd Policy Number: IG01200041800 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nanfie Of Persofi Or Organization: Ali persons or organizations where required by written contract. (If no entry appears above, infomiation required to compiete this endorsement will be shown In the Declarations as appli- cable to this endorsement) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV LIABILITY CONDITIONS) Is amended by the addition of the following: COMMERCIAL GENERAL We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. ^0lf^ CG 24 04 10 93 Copyright, Insurance Sen/ices Office, Inc., 1992 Insured Page 1 of 1 POUCY NUMBER: WPA1029997 00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 02/07/12 1 Named insured: k k AYALA BNGINBBRING fclth^ ^d" Representative) SCHEDULE Name of Person(s) or Organization(8): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXBCtJTBD PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED, (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule is an "insured" for Liability Coverage, but only to the extent that person or oiganlzation qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. WAIVER OF SUBROGATION APPLIES SUCH INSURANCE AS IS AFFORDED BY TffiS POUCY SHALL BE PRIMARY mSURANCa AND ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE ABOVE ADDITIONAL INSURED SHALL BE EXCESS OF THE INSURANCE AFFORDED VO THE NAMED INSURED AND SHALL NOT CONTRIBUTE TO IT. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • STATE COIVIPENS.AriO.N I N S U H A N C f; FUND CERTHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-19-2012 CITY OF CARLSBAD ATTN: PUBLIC WORKS PURCHASING 1635 FARADAY AVE CARLSBAD CA 92008-7314 SG GROUP: POLICY NUMBER: 9004955-2012 CERTIFICATE ID: 6 CERTIFICATE EXPIRES: 02-08-2013 02-08-2012/02-08-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 5 DATED 06-18-2012 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 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its nornnal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. \J Authorized Representative V ) President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-06-18 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD EMPLOYER /PK AYALA, RICARDO MARTIN i 5753 E. SANTA ANA CANYON #G-571 ANAHEIM CA 92807 SG (REV.8-2010) [B10,SC] PRINTED : 06-19-2012 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 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(les) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. period of debarment party debarred 7 party debarred agency agency period of debarment BY CONTRACTOR: (name of Contractor) By: (sign here) (print nanre/title) Page of pages of this Re Debarment form ^¥ Revised 03/21/12 Contract No. 5503-6 Page 22 of 89 Pages m BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? K yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? _^ ^ yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form ¥ Revised 03/21 /12 Contract No. 5503-6 Page 23 of 89 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 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: ' (name of Contractor) (sign here) (print nam£i/title) (print nam£j7title) Page of pages of this Disclosure of Discipline form ^¥ Revised 03/21/12 Contract No. 5503-6 Page 24 of 89 Pages m NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 The undersigned declares: I am ihe^^yP^^ of/^^x;i^a^<3^c^he party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on X/yVy 3o , 20 /<> at ^m£l££/}^[city], ^fi. [state]. Signature of Bidder o W Revised 03/21/12 Contract No. 5503-6 Page 25 of 89 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT ^>See Attached Document (Notary to cross out lines 1-6 below) • See Statement Beiow (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of \A A A ft A A Aft ^ «• r ft I r iFffHt^ COMM. #1889108 o S ^^BB NOTARY PUBLKM^ALIFORNUQ J ^Slmy ORANQE COUNTY 3 T ,, "yCwwi. Expires Nov. go. gOia t / v y V V V V V vv V ^rv^ ^ Signature ot Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 3 ^ day of , Date Monfi Year by (1 ^ (7^ /' cA^^^ AY^^/t Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and {2h Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL RIGHT THUIVIBPRINTH RIGHT THUMBPRINT OF SIGNER #1 • OF SIGNER #2 Though the information below is not required by law, it may prove valu- able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: , Number of Pages: Top of thumb here Top of thumb here Signer(s) Other Than Named Above: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6327) Item #5910 160 Gamma Drive Pittsburgh, PA 15238 Tele: 856/616-8222 Fax: 856/616-8228 www.sauefeisen.com May 14, 2012 Letter of Certification Ref: Sauereisen Contractor Certification This letter certifies that: Ayala Engineering 5763 E. Santa Ana Canyon Road Anaheim, CA 92807 has notified Sauereisen, Inc. of its Intent to utilize the Sauereisen SewerGard No. 210 System for the protection of concrete infrastructures In municipal wastewater environments. Sauereisen acknowledges this system as recommended for corrosion protection In this type of application. Sauereisen further confirms that Ayala Engineering Is considered a qualified Industrial coating contractor, approved by Sauereisen for the application of our con-osion resistant coating and lining systems. This Includes our concrete restoration and resurfacing products as well as our trowel and spray applied epoxy lining systems. Ayala Engineering spray equipment has been reviewed and approved for use by Sauereisen. If there are any questions regarding this matter please direct them to my attention. Sincerely, David E. Snider Western Regional Manager DES/mbk 160 Gamma Drive Pittsburgh. PA 15238 Tele: 856/616-8222 Fax: 856/616-8228 wwwsauereisen.com May 14, 2012 Letter of Certification Ref: Sauereisen SewerGard No. 210 System Product Compatibility This letter certifies that Sauereisen SewerGard System repair and resurfacing products are formulated to be compatible with the Sauereisen SewerGard No. 210 Epoxy Lining System. This compatibility Includes the following rehabilitation and resurfacing products: • SewerSeal No. F-170 -100% calcium aluminate based product • Underiayment No. F>120/F-120FS - underiayment and repair mortar • Substrate Resufacer No. F-121 ~ Portland cement based resurfacing product • RestoKrete No. 208 - modified epoxy based repair mortar • Filler Compound No. 209/209HB -100% solids epoxy substrate filler • Manhole ChimneySeal No F-88 - elastomeric chimney seal product If there are any questions regarding this matter please direct them to my attention. Sincerely, David E. Snider Western Regional Manager DES/mbk 160 Gamma Drive Pittsburgh, PA 15238 Tele: 856/616-8222 Fax: 856/616^28 vyw.saMergisefl.ggffi SAUER^ May 14. 2012 Letter of Certification Ref: Sauereisen SewerGard No. 210 System Product Compatibility This letter certifies that Sauereisen SewerGard System repair and resuri'acing products are formulated to be compatible with the Sauereisen SewerGard No. 210 Epoxy Lining System. This compatibility includes the following rehabilitation and resurfacing products: • SewerSeal No. F-170 -100% calcium aluminate based product . iJnfii>riavment No. F.120/F-120FS - underiayment and repair mortar . Substrate Resufacer No. F-121 - Portland cement based resurfacing product • RestoKrete No. 208 - modified epoxy based repair mortar . Filler Compound No. 2Q9/209HB -100% solids epoxy substrate filler • Manhole ChimneySeal No F-88 - elastomeric chimney seal product If there are any questions regarding this matter please direct them to my attention. Sincerely, David E. Snider Western Regional Manager DES/mbk If there are any questions regarding this matter please drrec* them to my attention. Sincerely, David E. Snider Western Regional Manager DES/mbk CONTRACT PUBLIC WORKS This agreement is made this c2S*^ day of CJifd , 20/<2. by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ayala Engineering whose principal place of business is 8382 E. Meadowridge Street Anaheim CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 (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, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. A ^¥ Revised 03/21/12 Contract No. 5503-6 Page 26 of 89 Pages conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that Is hazardous waste, as defined in section 25117 of the Health and Safety Code, that Is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent In work of the character provided for in the contract. City shall promptly investigate the conditions, and If It finds that the conditions do materially so differ, or do Involve hazardous waste, and cause a decrease or increase In contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or Increase in the contractor's cost of, or time required for,, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies It is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, Including, but not limited to, verifying the eligibility for employment "of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. The Payment of Prevailing Wages is Not Required. The City of Carlsbad Is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages Is at contractor's discretion. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations Including those relating to safety and health; and from any and all claims, loss, damages. Injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs. Including defense costs for the City. Defense costs Include the cost of separate counsel for City, if City requests separate counsel. Revised 03/21/12 Contract No. 5503-6 Page 27 of 89 Pages V Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or In part from alleged inaccuracies or misrepresentation by the Contractor, whether Intentional or otherwise, and Contractor will pay ali costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said Insurance shall meet the City's policy for Insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits Indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate In the amounts specified shall be established for the risks for which the City or Its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily Injury and property damage. In addition, the auto policy must cover any vehicle used In the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund Is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of Insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, Its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-Insurance maintained by the City, Its officials, employees or volunteers shall be In excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's Insurance shall apply separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Insurer's liability. (C) Notice Of Cancellation. Each Insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced In coverage •f^ Revised 03/21 /12 Contract No. 5503-6 Page 28 of 89 Pages or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-Insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, Its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the Insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as Insured under Its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance Is to be placed with Insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each Insurance policy are to be signed by a person authorized by that Insurer to bind coverage on Its behalf The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be Included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less-shall be resolved In accordance with the provisions In the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are Incorporated by reference. A copy of Article 1.5 Is Included In Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract pfocess as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that If a false claim is submitted to the City, It may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate Ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False ^¥ Revised 03/21/12 Contract No. 5503-6 Page 29 of 89 Pages Claims Act, It Is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are Incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participafing 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. 1 have read and understand all provisions of Section 11 above. init init 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 City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that Is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering Into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and Interest in and to all causes of action It may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be Inserted In this Contract shall be deemed to be Inserted herein and included herein, and If, through mistake or othenA/lse, any such provision Is not inserted, or Is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. ^^¥ Revised 03/21/12 Contract No. 5503-6 Page 30 of 89 Pages 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (name of Contractor) (sign h^) Zj^/t^jeoc) /^a/f^ ^c<iAj^ (print^ame and title) By: (sign here) (print name and title) CITY the/State AD a municipal corporation of LORRAINE M. WOOD, City President or vice-president and secretary or assistant secretary must sign for corporation^.''ff^only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney ^¥ Revised 03/21/12 Contract No. 5503-6 Page 31 of 89 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § i ^se State of California County of "on .JWVlMbefore me, i^i'^VLSj^ir^T^ g^i^ ~ Here Insert Name and Title the Officer personally appeared PHILIP STERBLING Commission # 1878461 Notary Public - California Orange County My Comm. Expires Jan 29, 2014 > n y ^^^^^^ 9 w w m i(yi^yvii^nij)i.i i 'I I I I I i i i I i 'I I I I i 'I i i i i >> 2010 Naiirjnal Notary Association • NalionaiNotary.org Nsm^Ts) ol Signer(s) who proved to me on Ihe basis of satisfactory evidence to be the person(3f whose name^g^j^^re subscribed to tte within in.fjfrument and ackrfowledged ta me that (5e)ishe/th8y executed the same in rtwher/their authorized capacitvj^), and that by Q^her/their signatur^^^^ on tne instrument the personj^, or the entity upon behalf of which the persopfe'acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an i •.A I •A " ! I I I I Pl.Ace Notary Seal Above Signature: OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . /9 ,/1. , ^ i/ r Title or Type of Documer..: ^.^l^^S^-O^'l^-.^it^^^ Number cf Pages: Type Document Date: Signer(s) Other Than Named Above: Capacity{fes) Claimed by Slgner{s) Signer's Name: Signer's Name: • Corporate Officer — Title(s): T!tle{ Si. LJ individual Partner — D Limited • General Attorney in Fact Trustee Guardian or Conservator Other; fllGHTTHUimBPRIttr ih, I>FSIGNERi;::iL Top of thumb here Signer Is Representing: LJ' Corporate Officer [ J Individual n Partner — • Limited J General L. Attorney in Fact G Trustee • Guardian or Conservator • Other:. MGHTTHUIWBPRrmr • : t3FSIGNER . Signer Is Representing: Top.of thumb heie 1-800-US NOTARY (1 -800-876-0327! ^^^m #5907 Bond No. 728495 PREMIUM FOR CONTRACT TERM r» • • i j j • j u J AND IS SUBJECT TO ADJUSTMENT Premium included in performance bond BASED ON FINAL CONTRACT PRICE lssued In One Original counterpart LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, on June 5, 2012, has administratively awarded to Ayala Engineering (hereinafter designated as the "Principal"), a Contract for: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond wilt pay the same to the extent hereinafter set forth. NOW. THEREFORE, WE. AYALA ENGINEERING, as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Seventy One Thousand Seven Hundred Eighty Dollars ($71,780), said sum ^ being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for. or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with Califomia Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. •f^ Revised 03/21 /12 Contract No. 5503-6 Page 32 of 89 Pages In the event that Contractor Is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ^ day of s/*^/u<r; , 20^^. CONTRACTOR: Ayala Engineering (sign here) (print narfie here) By:, (title and organization of signatory) (sign here) Executed by SURETY this 15th of June SURETY: day .2012 . Developers Surety and Indemnity Company (name of Surety) 3517 Camino Del Rio South Suite 200 San Diego, CA 92108 (address of Surety) 619-521-9686 (telephone number of Surety) (print name here) Bv: R\'\ajAynm^ ^/^iA^jJi<U (signature of Atlorney-jn-Fact) ' Shaunna R. Burchfiel, Attorney-in-Fact (printed name of Attomey-In-Fact) (attach corporate resolution showing cun'ent power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign fbr corporations, if only one offk:er signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorne /5 Revised 03/21/12 Contract No. 5503-6 Page 33 of 89 Pages POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Shaunna R. Burchfiel, George J. Burchfiel, Suzzanne D. Burchfiel, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfomi every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and ail of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confinned. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chainnan of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey{s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNiTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: Daniel Young, Vice-President By:. Stephen T Pate, Senior Vice-President State of Califomia County of Orange On January 31,2011 . before me,. Date 1^/ OCT, imi 10 Y>}\ 19 36 • JOS /.Off Antonio/^varado, Notary Public Here Insert Name and Title of the Officer personally appeared. Daniel Young and Stephen I Pate Name(s) of Signer(s) r#i'iti%ii#||<il'iii#iii(fti.'illli*#i.tfl IA ll^i AniMli ANTONIO ALVARADO COMM.«1860643 m^^^ OBANGECOUKIY | Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tnje and con'ect. WITNESS my hand and official seal. Signature Antonio/^varado. Notary Public CERTIFICATE The undersigned, as Seaetary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califomia, this 15th day of June 2012 istant Secretary ID-1380(Rev01/11) ACKNOWLEDGMENT State of Califomia County of Orange On June 15th, 2012 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the persgnte) whose name(^^(©^are subs^ibed to the within instrument and acknowledge^ me that he/^h^they executed the same in hls/(he;^^their authorized capacitype^), and that by hi^h^/their signature]^ on the instrument the person^", or the entity upon behalf of which the pers6n{^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. m$&^^' ^ ^'J6 > \ I « V. • I _j. ..,« J^., vi::;L;-:'-:/-^'^^-si,2oi4j Signature ' ^ Vy (Seal) CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT CWIL CODE§ iias i i i t I State of California County of _ On J^JfyJl before me, Date Here Inser personally appeared \L\Cf^(^0 O h^AL^ • / Name(s) of Signer(s) Here Insert Name and Title :;t the Officer PHILIP STERBLING Commission # 1878461 Notary Public - California L Orange County My Comm. Expires Jan 29, 2014 who proved to me on the basis of satisfactory "evidence to be the personj^' whose namej^yfe/^te subscribed to the^vithin instrument and acknowledged to^me that H^^he/they executed the same in hj^er/their authorized capacityfj/z^C). and that by "l^her/their signature]^) on tne instrument the person^A or ttie entity upon behalf of which the persorlL«!^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Pl.ice Notary Seal Above I hough the information below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: . Number ot Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: I i 'I I I I I i ; f i i i t '£"• 2010 Nsiionsl Notary Association • National'Notary.org Signature: OPTIONAL — • Corporate Officer — Titie(s): D individual • Partner — • Limited • General Attorney in Facl Trustee Guardian or Conservator Other: fllGHTTHUWlBPRIOTi i '. DFSIGNER.;-';;^ Top of thumb here • Signer Is Representing: Signer's Name: • • Corporate Officer — Title(s); • Individual n Partner — G Limited 'lj General L. Attorney in Fact G Trustee • Guardian or Conservator • Other: WGHTTHUMBPRrNT OFSIGNER Top.of thumb here I •A I f ! i f I Signer !s Representing: I i f i '^:. I I I I t I .0 1-800-US NOTARY (1 -eOO-876-6327! item #5507 PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 728495 Premium: $2,153.00 Issued in one original counterpart FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, on June 5. 2012. has administratively awarded to Ayala Engineering (hereinafter designated as the "Principal"), a Contract for: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. S503-6 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, ali 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, AYALA ENGINEERING, as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company ^ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Seventy One Thousand Seven Hundred Eighty Dollars ($71,780), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and In the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any Judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 03/21/12 Contract No. 5503-6 Page 34 of 89 Pages w in the event that Contractor Is an individual, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this J^O day of June , 2012 . CONTRACTOR: Ayala Engineering Executed by SURETY this 15th June SURETY: day of 20il (sign here) y^ (print namemere) Developers Surety and Indemnity Company (name of Surety) 3517 Camino Del Rio South Suite 200, San Diego, CA 92108 (address of Surety) 619-521-9686 (telephone number of Surety) Bv: ^^kx(^^vm^c/^: QA)/0(^/Z /fy/^CJ!] ^/O^JAJ^^?CyA)^^ (signature of Attomey-Tn-Fact) (Title and Organization of Signatory) By: (sign here) Shaunna R. Burchfiel, Attorney-in-Fact (printed name of Attomey-in-Fact) (Attach corporate resolution showing cun-ent power of attomey.) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: M^'^^ Assisfanf City Attorney \ Revised 03/21/12 Contract No. 5503-6 Page 35 of 89 Pages ACKNOWLEDGMENT State of Califomia County of Orange On June 15th, 2012 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attorney-in-Fact ^ who proved to me on the basis of satisfactory evidence to be the personO^ whose namej^(@are subs^ibed to the within instrument and acknowledge^^© me that he/^J'they executed the same In his(fi^their authorized capacltyjjje^), and that by hi^/h^/their signaturej^ on the instrument the person^', or the entity upon behalf of which the pers6n(;8^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. •ON I m 3 31,2014? WITNESS my hand and official seal. H&m,. i '-.M^n^ B Signature \ \ V ^ (Seal) i 'I i i i I t i i t i i f i i i I I I I I t I i t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ CIVIL CODE § i is© I State of California County of QMr/l^ On jLQ4.7£!^^before me, S^^U^ ^ ^ Here Insert Name and Title r,\ personally Date Here Insen Nam( appeared pCA/2~0 g h^^AUk^ I Name(s) ot Signer{s) I the Officer who PHILIP STERBLING Commission # 1878461 I Notary Public - California : Orange County ; Mv Comm. Expires Jan 29^2014 j proved to me on the basis of satisfactory eviaence to De the person]^'whose name^^j^re subscribed to ttje within in,?trument and acknowledged ta-.me that (hg^he/they executed the same in ^TjsAier/their authorized Capacity(i^, and that by ^Tiis/her/their signature^) on ttie instrument the ^^son^ or ttie entity upon behalf of which the personj!<^ acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a Pl.ice Notary Seal Above Signature:., OPTIONAL though the information below is not required by law, it may prove valuable to persons relying on (he document and couid prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . ^ A 0 Title or Type of Document. fAtt/t/T^I P^/W^^OL/^ ^A^/^/f ^Ty Och'^ Document Date: . Number of Pages: Signer(s) Other Than Named Above: . . Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer • individual Titie(s):. Partner — D Limited G General Attorney in Facl Trustee Guardian or Conservator Other: fliGHTTHUMBPRIMTi t'. OFSIGNERMV;;,^ Top of th-jrnb here Signer Is Representing: Signer's Name: • • Corporate Officer — Title(3); • Individual G Partner — G Limited G General L. Attorney in Fact G Trustee • Guardian or Conservator • Other:. . RIGHTTHUMBPRINT OFSIGNER Top.of thumb heie ! Signer Is Representing: I ! I f % I I I I t % I 0 '£ 2010 Nsiirjnai Notary Association • National'Notary.org 1-800-US NOTARY (1-800-876-^327! ilem #5907 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ^whose address is '. ^hereinafter called "Contractor" and whose address is ., ^ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 In the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be detennined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. /\ Revised 03/21/12 Contract No. 5503-6 Page 36 of 89 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with ali requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address 1635 Faradav Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title . Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 37 of 89 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address ^¥ Revised 03/21/12 Contract No. 5503-6 Page 38 of 89 Pages GENERAL PROVISIONS FOR MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS CONTRACT NO. 5503-6 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenA/ise. 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 othenA/ise. 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 othenA/ise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 03/21 /12 Contract No. 5503-6 Page 39 of 89 Pages Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City IVIanager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction {Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental ^¥ Revised 03/21/12 Contract No. 5503-6 Page 40 of 89 Pages Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications Issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenA/ise specified. Deputy City Engineer, Construction (Management & Inspection - The Construction Manager's Immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. A ^¥ Revised 03/21/12 Contract No. 5503-6 Page 41 of 89 Pages Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the pemiit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fiuid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". ¥ Revised 03/21/12 Contract No. 5503-6 Page 42 of 89 Pages state - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility ~ Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services, 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. ¥ Revised 03/21/12 Contract No. 5503-6 Page 43 of 89 Pages All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construcfion, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans Califomia Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR Califomia Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL ...Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb retum EF. .. Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT. Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL ...Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge %¥ Revised 03/21/12 Contract No. 5503-6 Page 44 of 89 Pages GAL Gallon and Gallons GALV Galvanized '\m0^' GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP .Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint w L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe %^ OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP .Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q , Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Resen/oir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard themioplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction Revised 03/21/12 Contract No. 5503-6 Page 45 of 89 Pages ST HWY State highway STA.. Station STD Standard STR Straight STRGR Straight grade STRUC Structural/Stmcture SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Sen/ice Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl ..Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Assoclafion of State Highway and Transportafion Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AVWVA American Water Works Association FHWA Federal Highway Admlnistrafion GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA Nafional Oceanic and Atmospheric Admlnistrafion (Dept. of Commerce) UL UndenA/riters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4,1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 03/21/12 Contract No. 5503-6 Page 46 of 89 Pages 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customarv Unit (Abbreviations) (Equal To) SI Unit (Abbreviations) mil (=0.001 in) 25.4 micrometer (^m) inch (in) 25.4 millimeter (mm) inch (in) 2.54 centimeter (cm) foot (ft) 0.3048 meter (m) yard (yd) 0.9144 meter (m) mile (mi) 1.6093 kilometer (km) , square foot (fr). 0.0929 square meter (m^) square yard /yd^ 0.8361 square meter (m^) cubic foot (ft") 0.0283 cubic meter (rrn cubic yard (yd ) 0.7646 cubic meter (m^) acre 0.4047 hectare (ha) U.S. gallon (gal) 3.7854 Liter (L) fluid ounce (fl. oz.) 29.5735 milliliter (mL) pound mass (lb) (avoirdupois) 0.4536 kilogram (kg) ounce mass (oz) 0.02835 kilogram (kg) Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 907 kg) Poise 0.1 pascal second (Pa s) centistoke (cs) 1 square millimeters per second (mm /s) pound force (Ibf) 4.4482 Newton (N) pounds per square inch (psi) 6.8948 Kilopascal (kPa) pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) foot-pound force (ft-lbf) 1.3558 Joules (J) foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x X) + 32 °C = (T - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) 10^ centi(c) ^Q'l milli (m) 10'^ micro (|x) 10'^ nano (n) 10' pico (p) 10' 12 1-5 SYMBOLS A Z 1 / o PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ^¥ Revised 03/21/12 Contract No. 5503-6 Page 47 of 89 Pages SECTION 2 - SCOPE AND CONTROL OF WORK ^ 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings con- tained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to con-ect a clerical error in the lisfing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the opfion either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. ¥ Revised 03/21/12 Contract No. 5503-6 Page 48 of 89 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this secfion, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attenfion to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organizafion. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execufion of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. 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 safisfacfion of the Engineer. The Revised 03/21/12 Contract No. 5503-6 Page 49 of 89 Pages bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabllifies in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract unfil a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Nofice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specificafions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the fime of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any condifions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. •f'^ Revised 03/21/12 Contract No. 5503-6 Page 50 of 89 Pages Exisfing improvements visible at the Work site, for which no specific disposifion is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a confiict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specificafions, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. 8) Standard Specificafions for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless othenA/ise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmlttals shall be labeled with the number of the original submittal followed by an ascending alphabefical designafion (e.g. The label '4-C' would ^4*^ Revised 03/21/12 Contract No. 5503-6 Page 51 of 89 Pages 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 secfion 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 certlficafion that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: . ^_ Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting information. Supporting information is informafion required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting informafion shall consist of the following and is required unless othenA/ise specified in the Special Provisions: %¥ Revised 03/21/12 Contract No. 5503-6 Page 52 of 89 Pages 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201 -1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specificafions and the exact "as-built" locafions, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtaihed from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of complefion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no addifional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a safisfactory manner. Unless othenA/ise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevafions, and soil analyses shown on the drawings or included in the Specificafions apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any addifional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevafion of the water table is that which existed on the date when test hole data was determined. It. is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenA/ise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of addifional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from ali claims for damages caused by such actions. 2-9 SURVEYING (not used). 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall prompfiy comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretafion of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless OthenA/ise ordered by the Board. ¥ Revised 03/21/12 Contract No. 5503-6 Page 53 of 89 Pages 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of ail records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer nnay request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activifies and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of ail invoices, materials, payrolls, records of personnel, and other data relafing 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 operafions. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2- 11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspecfion is required. Work shall be done only in, the presence of the Engineer, unless othenA/ise authorized. Any work done without proper inspecfion will be subject to rejecfion. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specificafions. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specificafions, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specificafions, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitafion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. ¥ Revised 03/21/12 Contract No. 5503-6 Page 54 of 89 Pages Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of complefion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substanfial change in character of the work from that shown on the Plans or specified in the Specificafions, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Secfion 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substanfial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the opfion of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Sfipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenA/ise specified in Secfions 3-2.2.2 and 3-2.2.3. Revised 03/21/12 Contract No. 5503-6 Page 55 of 89 Pages 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connecfion with the eliminated Item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specificafions is ordered by the Contractor for use in the eliminated item prior to the date of notlficafion of eliminafion by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulafion of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacafion, apprenficeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such addifional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. ¥ Revised 03/21/12 Contract No. 5503-6 Page 56 of 89 Pages (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edifion of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrlcafion, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modificafions shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operafion on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials .15 3) Equipment Rental 15 4) Other Items and Expenditures .. .15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensafion for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of Revised 03/21/12 Contract No. 5503-6 Page 57 of 89 Pages the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical condifions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character be- ing performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that condifions are changed condifions and they will materially affect performance fime, the Contractor, upon submitting a written request, will be granted an extension of fime subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensafion, the Contractor will be notified in wrifing. This nofice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of ail claims in connecfion therewith. ¥ Revised 03/21/12 Contract No. 5503-6 Page 58 of 89 Pages The Contractor shall not be entitled to the payment of any additional compensafion 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 secfion shall not be required as a prerequisite to notice provisions in Secfion 6-7.3 Contract Time Accounfing, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written nofice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addifional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written nofice of potential claim for changed condifions. 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 potenfial 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 substanfiafion 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 subsequenfiy filed on the basis of said notice of potenfial 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 fime in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said nofice shall constitute a waiver of all claims in connecfion therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolufion pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: ^¥ Revised 03/21/12 Contract No. 5503-6 Page 59 of 89 Pages 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construcfion Management &, Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentafion supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a posifion, request addifional information or request that the Contractor meet and present its report. When additional informafion or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolufion to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Secfion 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 Secfion 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Secfions 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 othenA/ise expressly provided for or the claimant is not othenA/ise 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 wrifing 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 nofice requirements othenA/ise provided by contract for the filing of ' claims. V,,^ (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 wrifing, within 30 ^¥ Revised 03/21/12 Contract No. 5503-6 Page 60 of 89 Pages 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. \mt^ (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 addifional documentation supporting the claim or relafing to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the fime 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 Secfion 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 fime 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 Secfion 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selecfion 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 fime 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 Secfion 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 Secfion 2016) of Chapter 3 of Tifie 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. ¥ Revised 03/21/12 Contract No. 5503-6 Page 61 of 89 Pages (2) Notwithstanding any other provision of law, upon sfipulafion of the parties, arbitrators appointed fQj. 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 addifion to Chapter 2.5 (commencing with Secfion 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 medlafion or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Secfion 20104.4, the local agency shall pay interest at the legal rate on any arbitrafion award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejecfion. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and ali items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary \^ for the completion of the Contract. ¥ Revised 03/21/12 Contract No. 5503-6 Page 62 of 89 Pages 4-1.3 Inspection Requirements. \^ 4-1.3.1 General. Unless otherwise specified, inspecfion is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casfing, welding, concrete pipe manufacture, protective coafing application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specificafions, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special Items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specificafions may require inspecfion at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulafions, Tifie 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulafions as may apply. Contractor shall furnish Engineer with such informafion 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 obligafion to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonA/ard reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspecfion at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless OthenA/ise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for tesfing, it will be stated in the Specificafions. For private contracts, the tesfing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 63 of 89 Pages if the notice of intent to use is sent before the materials are available for tesfing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of tesfing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specificafion, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any fime, 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 wori< 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 specificafions shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials tesfing requirements of the Specificafions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certlficafion. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this detenriinafion. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitafing its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characterisfics. Including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. in ¥ Revised 03/21/12 Contract No. 5503-6 Page 64 of 89 Pages The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compafibillty with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulafions pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the applicafion of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibrafion or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Tesfing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a tesfing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative invesfigation. Test values of materials are results of the materials' tests, as defined by these Specificafions or by the special provisions, required to accept the Work. Credible evidence is process observafions or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observafions of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilifies relevant to the disputed work and consider all available information and, when necessary, gather new and addifional informafion in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradicfion. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigafion is unable to reach resolution, the investigafion may then either conclude without resolution or continue by written notification of one party to the other requesfing the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in wrifing within 3 A ^¥ Revised 03/21/12 Contract No. 5503-6 Page 65 of 89 Pages calendar days after receiving a request. Without acknowledgement, the investigation shall conclude ^ without resolution. The committee shall consist of three State of California Registered Civil \^ Engineers. Within 7 calendar days after the written request notlficafion, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a confinuance of the cooperative investigafion and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendafions as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolufion mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incun'ed; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless OthenA/ise agreed, the Contractor shall bear and maintain a record for all the investiga- tive costs unfil resolution. Should the investigafion discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear ali costs as- sociated with the investigafion. Should assignable causes for the contradicfion extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigafion substantiate a contradicfion without assign- able cause, the investigafion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substanfiate a contradiction, the initiator of the investigafion shall bear all investigative costs. All claim notification re- quirements of the contract pertaining to the contradicfion shall be suspended until the in- vesfigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Wori<. 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 cleariy 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 descripfion 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 cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restorafion of the storage site within the time ^^¥ Revised 03/21/12 Contract No. 5503-6 Page 66 of 89 Pages 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 secfion, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5-UTILITIES 5-1 LOCATION. The Agency and affected ufility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all ufilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans Is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be sen/ed by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for locafion of its subsurface installafions. The Contractor shall determine the locafion and depth of all utilifies, including service connecfions, which have been mari<ed by the respective owners and which may affect or be affected by its operafions. If no pay item is provided in the Contract for this work, full compensafion for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of ufilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any ufility omitted from or shown Incorrectly on the Plans, the Contractor shall Immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the ufility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic ufility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or ^¥ Revised 03/21 /12 Contract No. 5503-6 Page 67 of 89 Pages 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic ufility installafion; or where the coafing, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the Integrity of the system. 5-3 REMOVAL. Unless othenA/ise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilifies within the area affected by the Work will complete their necessary installafions, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specificafions indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construcfion, Secfion 301-1.6, 2009 Edition. Ufilifies which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocafion. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construcfion or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connecfions will be paid for in accordance with provisions of Secfion 3-3. Payment will Include the restoration of all existing Improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved In any such agreement. In conformance with Secfion 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all ufility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenA/ise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate ufilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate ^¥ Revised 03/21/12 Contract No. 5503-6 Page 68 of 89 Pages the curb or curb and gutter to the safisfaction of the ufility agency or company. Such temporary omission shall be for the Contractor's convenience and no addifional compensation will be allowed therefore or for addifional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocafion of the utility involved unless othenA/ise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocafion of utilities. Said notlficafion shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in wrifing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to ufility relocafions or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protecfion of exisfing main or trunkline utility facilities within the area affected by the Work if such utilifies are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensafion for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5- 6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenA/ise provided herein and unless othenA/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstrucfion Meefing. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meefing 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 meefing. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1 The construction schedule shall be provided and comply with the requirement of Section 6-1.1 of the SSPWC 2009 Edifion. ¥ Revised 03/21/12 Contract No. 5503-6 Page 69 of 89 Pages 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparafion, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligenfiy prosecute the Work to complefion. If the Engineer detem^ines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders firom the Engineer, immediately take steps to remedy the situafion. All costs of prosecuting the Wori< as described herein shall be Included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, unfil the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operafions necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes rehabilitation of sewer pipeline, including the installation of cured-in-place pipe lining systems along with miscellaneous related work. Refer to Appendix C, D, and E for detail informafion. 6-2.2.1 Phasing Work. There are multiple site locations included in this contract. The systematic phasing of the work shall be provided in the project schedule. 6-2.2.2 Weekend and Night Work. Night work or weekend may be required to complete the work. Cost related to weekend and night work should be included in contractor's bid cost. 6-2.3 Project Meetings. The Engineer will establish the time and locafion of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meefings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenA/ise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the ^¥ Revised 03/21 /12 Contract No. 5503-6 Page 70 of 89 Pages area of discovery and shall not confinue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensafion in accordance with the provisions of Secfion 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the fime specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may sen/e written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor Is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellafion, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the enfire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving nofice of cancellafion, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of complefing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for complefion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs In excess of the sums due. The provisions of this secfion shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when condifions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. Revised 03/21/12 Contract No. 5503-6 Page 71 of 89 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or addifional payment due to such delays, except as provided in 6- 6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitafing cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specificafions. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a fimely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of fime to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of fime as provided in Secfion 6-6.2. 6-6.2 Extensions of Time. Extensions of fime, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written nofice 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 organizafion that the Agency may otherwise be obligated by. The Contractor shall provide continuing dally written nofice to the Engineer, each working day, throughout the duration of such period of delay. The inifial and continuing written nofices 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 fall to provide the nofice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of complefion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to complefion within 40 working days after the starting date specified in the Notice to Proceed. ¥ Revised 03/21/12 Contract No. 5503-6 Page 72 of 89 Pages 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Secfion 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless OthenA/ise approved in wrifing 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 fime during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. OthenA/ise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the \Nork has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Wori<, meet the requirements of all of the specificafions 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 Complefion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after nofice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the fime specified in the nofice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 73 of 89 Pages 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for complefion of Work, as adjusted in accordance with Secfion 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred Dollars per day is the minimum value of costs and actual damages caused by the Contractor to complete the Wori< within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6- 10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such acfion by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulfing from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulfing from the ufilizafion of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condifion all equipment and facilities as required for the proper execufion and inspection of the Work. Such equipment and facilifies shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenA/ise objectionable, or who fails or refuses to perform work properiy and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Wori<. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in secfion 10 of the Public Works Contract. ¥ Revised 03/21/12 Contract No. 5503-6 Page 74 of 89 Pages The cost of this insurance shall be included in the Contractor's Bid. W 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Secfion 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the durafion of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execufion of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensafion insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expirafion or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensafion insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of ail 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 compensafion will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operafions such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain ail permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No resource agency permits are required for the work described. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for It. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its ^K**- representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. A ^¥ Revised 03/21/12 Contract No. 5503-6 Page 75 of 89 Pages In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operafions and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entified to additional compensafion from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with ail the ufility 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 ufility company No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulfing in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall fumish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restorafion, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final Inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result In ah order to suspend work until the condition is corrected. No addifional compensafion will be allowed as a result of such suspension. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 76 of 89 Pages 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 effecfive cleanup and dust control throughout the durafion of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulafions of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermlnafion work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodafions shall be maintained in a neat and sanitary condifion. They shall also comply with all applicable laws, ordinances, and regulafions pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt exisfing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construcfion meter for water used for the construcfion, plant establishment, maintenance, cleanup, tesfing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the Items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operafions so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilifies which may be required to provide prevention, control, and abatement of water pollution. According to the Volume 4, Storm Water Standards Manual of the City of Carisbad Engineering Standards, Rev 6/4/2008, this project requires a Storm Water Pollufion Prevention Plan (SWPPP) of level Tier 1, as described within said document. Contractor shall provide a SWPPP Tier 1 and comply with those requirements. All cost associated with SWPPP including implementation shall be considered part of the bid cost no additional payment will be made. Revised 03/21/12 Contract No. 5503-6 Page 77 of 89 Pages 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protecfion of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all exisfing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to exisfing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as neariy the original condition and locafion as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless othenA/lse authorized, traffic shall be permitted to pass through the Wori<, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and Industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenA/ise approved by the Engineer. Safe and adequate pedestrian zones and public transportafion stops, as well as pedestrian crossings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless OthenA/ise approved by the Engineer. Vehicular access to residenfial driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of fime. If backfill has been Revised 03/21 /12 Contract No. 5503-6 Page 78 of 89 Pages completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved In the delivery of mail and the collecfion and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably safisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless OthenA/ise authorized, work shall be performed in only one-half the roadway at one fime. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overiay operafions, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overiaid 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 disrupfion. 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 notlficafion shall be hand delivered and shall state the date and fime the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain addifional informafion. 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 descripfion 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 brighfiy colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The prinfing on the nofice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addifion to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restricfion for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. Revised 03/21/12 Contract No. 5503-6 Page 79 of 89 Pages The preparation, materials, prinfing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensafion for prinfing and distribufing these notices. The contractor shall replace all street markings and striping damaged by construcfion activities. The Contractor shall include in its Bid ali costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenA/ise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with ail applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, fiagpersons, and watchpersons. The Contractor shaii be responsible for compliance with addifional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and prompfiy remove them upon complefion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the foiiowing: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be cleariy posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportafion. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these \K0^ 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 ^¥ Revised 03/21/12 Contract No. 5503-6 Page 80 of 89 Pages shall immediately repair said component to its original condifion 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 opfion, install the traffic signs, markings, delineafion or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construcfion 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 refiective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Secfion 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb mari<ing shall conform to the provisions of Secfion 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 stafionary mounted signs. Stationary signs that warn of non-existent condifions 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 exisfing conditions. Care shall be used in performing excavafion for signs in order to protect underground facilifies. All excavafion required to install stafionary construcfion 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, Secfion 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 Speciflcations", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Secfion closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fiuorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6', nor operate equipment within 2' from any traffic lane occupied by traffic. For equipment the 2' shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorizafion to the reduction in clearance that is specific to the fime, duration and location of such waiver, when such reduction is shown on the traffic control plans Included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of 1 paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 81 of 89 Pages 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing ^ traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California 'Sm^ Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shaii be removed from the traveled way and shoulder at the end wori< period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operafions using an alternative plan unfil the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineafion shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliterafion of pavement delineafion, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineafion 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 mari<s used to establish the alignment of the temporary pavement delineafion shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineafion shall not be applied over exisfing 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 delineafion conflicts with the permanent pavement delineafion or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineafion is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transifion lengths, cun/e radii, stationing of A Revised 03/21/12 Contract No. 5503-6 Page 82 of 89 Pages features affecting the traffic control plan and the methodology proposed to transition to the ^ subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modificafions, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modificafions, 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, addifion, supplement, and/or new design shall not be implemented and no work shall be commenced that is confingent 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 confonn to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and Implement traffic control plans and shall furnish all labor and materials to perfomi, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and ail other applicable laws, ordinances, and regulafions. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavafion of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start unfil the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenA/ise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for _^0^. claims caused by blasting operations. Revised 03/21/12 Contract No. 5503-6 Page 83 of 89 Pages 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in w Section 5194 of the California Code of Regulafions shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condifions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implemenfing, administering and maintaining a confined space entry program (CSEP) in accordance with Secfions 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material Inflow 4. Controlled access to the space 5. Atmospheric tesfing of the space 6. Ventilation of the space 7. Special hazards considerafion 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilifies, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 6157, Tifie 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implemenfing, administering, and providing all equipment and personnei to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor %^ shall erect and properiy 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 Revised 03/21/12 Contract No. 5503-6 Page 84 of 89 Pages warning against hazards created by such features of construcfion as protruding nails, hoists, well holes, and failing materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process fumished or used In the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialfies of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and locafion shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at ali times observe and comply with such laws, ordinances, and regulafions. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this nofice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the condifions established pursuant to Secfion 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7- 14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of acfion it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the fime the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL. Field office for Agency personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9- 1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenA/ise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantifies of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless OthenA/ise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The ^•^"^ planimeter shall be considered an instrument of precision adapted to measurement of all areas. V Revised 03/21/12 Contract No. 5503-6 Page 85 of 89 Pages 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections Involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantifies are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensafion for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shaii equal the lump sum bid and shall be in such form and sufficiently detailed as to safisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantifies listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance ^ with the Plans and Specificafions. Upon complefion of construction, if the actual quantities show either an increase or decrease from the quantifies given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Secfion 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing ail materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precaufions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the A Revised 03/21/12 Contract No. 5503-6 Page 86 of 89 Pages transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenA/ise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordafion of the "Notice of Completion." If, within the time fixed by law, a properiy executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, ail money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properiy executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The esfimated value will be based on contract unit prices, completed change order work and as provided for in Secfion 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in wrifing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Secfion 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properiy submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress esfimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of ali previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final esfimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 87 of 89 Pages c c As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspecfion, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentafion within the time specified the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantifies or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contenfions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Condifions, 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 nofice 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 informafion 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 Secfion 3-5, Disputed Work, for those claims remaining in dispute. Revised 03/21/12 * Contract No. 5503-6 Page 88 of 89 Pages 9-3.3 Delivered Materials. When provided for in the Specificafions, and subject to the limitation and condifions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included In the Proposal form for mobilizafion and subject to the conditions and limitafions in the Specifications, the costs of work in advance of construcfion operafions and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other Items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule and includes full compensafion for furnishing ail insurance, bonds, licenses, labor, materials, ufilities, tools, equipment and incidentals, and for doing all the work involved in mobllizafion and preparatory work and operafions, 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 facilifies necessary for work on the project; for ali 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, excepfing those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the sfipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this secfion, and that the Contractor shall have no right to additional compensation for Mobilizafion 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 Mobilizafion And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specificafions shall be considered as included in the Bid Items. Contractor must protect existing utilifies, improvements, landscaping, irrigafion systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigafion systems, and vegetation at his expense. Epoxy Mortar Manhole Restoration (Bid item No. 2) Vertical Feet The contract unit price paid for this item shall constitute full compensafion to furnish and install epoxy and mortar manhole rehabilitation system per the Specificafions, General Provisions, and Appendices of this contract. Frame and Cover Replacement and Surface Repairs (Bid Item No. 3) Each The contract unit price paid for this bid item shall constitute full compensation to furnish and install the manhole frame and covers per the Specifications, Appendix "C", Appendices, and the General Provisions. Work includes restorafion of impacts to the road or trail incidental to the manhole restoration. Clarification of bid items is provided in Section 01025 Measurement and Payment of the Technical Specifications in this contract. ^¥ Revised 03/21/12 Contract No. 5503-6 Page 89 of 89 Pages SECTION 01025 MEASUREMENT AND PAYMENT PARTI GENERAL 1.1 Work Listed in the Schedule of Work Items A. Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form(s) for the quantity of work installed. B. The unit prices and lump-sum prices include full compensafion for furnishing the labor, materials, tools, and equipment and doing ali the work involved to complete the work included in the contract documents. C. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when enfirely completed and ready for service. D. Extra work or changes in the Work shall be accomplished as provided in the General. Provisions. 1.2 Work Not Listed in the Schedule of Work Items A. The General Provisions and items in the specificafions which are not listed in the schedule of work items of the Bid Form(s) are, in general, applicable to more than one listed work item, and no separate work item is provided therefor. Contractor shall include the cost of work not listed but necessary to complete the project designated in the contract documents in the various listed work items of the Bid Form(s). B. The bids for the work are Intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form(s), include the cost for that work in some related bid item so that the Proposal for the project refiects the total cost for completing the work in its entirety. PART 2 - MATERIALS 2.1 Descripfion of Bid Items Items A-1 and B-1 Contract Bonds, Insurance, Encroachment Permits, Rights-of-Entry, Project Management, Mobilization and Preparatory Work - See Secfion 9-3.4 of the General Provisions. Items A-2 and B-2 Epoxy/Mortar Manhole Restoration (including rehab to the base). See Section 02760 Mortar and Epoxy Coafing Manhole Rehabilitation of Technical Specifications in this contract and Manhole Rehabilitation Schedule in Appendix C. APRIL 2012 CONTRACT 5603-6 MEASURMENT & PAYMENT MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 01025-1 Items A-3 and B-3 Frame and Cover Replacement. See Secfion 02760 Mortar and Epoxy Coating Manhole Rehabilitafion of Technical Specifications in this contract and Manhole Rehabilitation Schedule in Appendix C. Items A-4 and B-4 Traffic Control - Bid item shall include complete Traffic Control including preparation and obtaining approval of traffic control plans, furnishing, installing, maintaining traffic control devices during ail stages of ciDnstruction, removing traffic control devices when they are no longer needed. END OF SECTION APRIL 2012 CONTRACT 5503-6 MEASURMENT & PAYMENT MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 01025-2 SECTION 02760 MORTAR AND EPOXY COATING MANHOLE REHABILITATION This specification covers work, materials and equipment required for protecting and/or rehabilitafing concrete and masonry manholes and other underground vaults by monolithic spray-application of a high-build, solvent-free epoxy coating to eliminate infiltration, provide corrosion protection, repair voids and enhance structural integrity. Procedures for surface preparation, cleaning, application and testing are described herein. PARTI GENERAL 1.1 Secfion Includes Requirements for surface preparation, concrete repairs and solvent-free epoxy coating application to specified surfaces, and frame and cover replacement. 1.2 Related Sections A. 01010 Summary of Work. B. General Provisions of Contract. 1.3 References ASTM D638 - Tensile Properties of Plastics. ASTM D790 - Flexural Properties of Unreinforced and Reinforced Plastics. ASTM D695 - Compressive Properties of Rigid Plastics. ASTM D4541 - Pull-off Strength of Coatings Using a Portable Adhesion Tester. ASTM D2584 - Volatile Matter Content. ASTM D2240 - Durometer Hardness, Type D. ASTM D543 - Resistance of Plasfics to Chemical Reagents. ASTM C109 - Compressive Strength Hydraulic Cement Mortars. ACI 506.2-77 - Specificafions for Materials, Proportioning, and Applicafion of Shotcrete. ASTM C579 - Compressive Strength of Chemically Setting Silicate and Silica Chemical Resistant Mortars. ASTM - The published standards of the American Society for Testing and Materials, West Conshohocken, PA. NACE - The published standards of National Association of Corrosion Engineers (NACE Internafional), Houston, TX. SSPC - The published standards of the Society of Protective Coatings, Pittsburgh, PA. Los Angeles County Sanitation District - Evaluafion of Protective Coatings for Concrete. SSPWC 210-2.3.3 - Chemical resistance tesfing published in the Standard Specifications for Public Works Construction, 1997 edition (othenA/ise known as "The Greenbook"). City of Carisbad Engineeing Standards, 2004 Edifion. 1.4 Submittals The following items must be submitted consistent with General Provisions section 2.5.3: A. Submit the foiiowing for Grout, Cementifious Reconstruction, Patching Materials, Chimney Seals, Epoxy Coafing: APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-1 1. Material type and manufacturer to be used, including catalog data showing manufacturer's clarifications and updates, ASTM references, matrial composition, specifications, physical properties, and chemical resistance, manufacturer's recommended mix, additives and set fime. 2. Manufacturer's detailed description of recommended procedures for handling and storing matrial to include use of strip recorder to monitor temperature at storage location. 3. Manufacturer's detailed descripfion of processes to execute the use of material including equipment required. 4. Shipping Manifest With: Date shipped Origination and delivery locations Shipping method and carrier Shipping order number Purchase order number Shipped item Stock number Lot number Shipping, storage, or safety requiements, inlcuding MSDS documents Received date and by Signature of receiver B. Applicator Qualifications: 1. Current letter of Manufacturer's certification dated within thirty (30) days of bid date, that Applicator has been trained and approved in the handling, mixing and application of the products to be used (provide with bid proposal). 2. Current letter of Manufacturer's Certification dated within thirty (30) days of bid date, that the equipment to be used for applying the products has been manufactured or approved by the protective coating manufacturer and Applicator personnel have been trained and certified for proper use of the equipment. 3. Five (5) recent references of Applicator (projects similar size and scope) indicating successful applicafion of a high-build solvent-free epoxy coating by plural component spray application (provide with bid proposal). 4. Proof of any necessary federal, state or local permits or licenses necessary for the project. 5. The Contractor must hold a valid Class A State Contractor's License and have a minimum of one prior successful project of comparable size and complexity. The Contractor shall provide the name, address and telephone number of the Owner, the completion date and the location of the reference project. C. Design details for any additional ancillary systems and equipment to be used in site and surface preparation, applicafion and testing. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-2 D. Manufacturer's representative contact information. E. Letter from epoxy manufacturer acknowledging all repair materials used in the rehabilitafion are compatible with the epoxy coating. F. Wastewater bypass or flow diversions plan. G. Emergency plan detailing procedures to be followed in the event of a sewer overflow, blockage or service backup. Maintain a approved copy at the work site throughout the durafion of the project. H. For each access hole rehabilitated a complete and accurate record of work completed shall be kept. Report shall include: identifying access hole number, locafion, quantities of rehabilitafion material used, estimate of infiltration eliminated, and results of post rehabilitation Inspection along with all field test reports. A final report shall be provided at the conclusion of the rehabilitafion. I. 5 Qualitv Assurance A. Applicator shall initiate and enforce quality control procedures consistent with applicable ASTM, NACE and SSPC standards and the protective coating manufacturer's recommendafions. B. A NACE Certified Coating Inspector shall be provided by Owner. The Inspector will observe surface preparafion, application and material handling procedures to ensure adherence to the specifications. C. Manufacturer/supplier shall provide an authorized representative for purposes of monitoring the initial application. D. Packaging:The Contractor shall store all products to be used in their original, unopened packaging displaying the manufacturer's name, labels, product identificafion and batch numbers as applicable. Damaged material must be removed from the site immediately. 1.6 Deliverv. Storage, and Handling A. Materials are to be kept dry, protected from weather and stored under cover. B. Protective coating materials are to be stored between 50 deg F and 90 deg F. Do not store near fiame, heat or strong oxidants. C. Protective coating materials are to be handled according to their material safety data sheets. D. Material damaged and deemed unrepairable will be rejected, removed from project site, and replaced at Engineer's direction. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-3 1.7 Site Conditions A. Applicator shall conform with all local, state and federal regulafions including those set forth by OSHA, RCRA and the EPA and any other applicable authorities. B. Method statements and design procedures are to be provided by Owner when confined space entry, fiow diversion or bypass is necessary in order for Applicator to perform the specified work. 1.8 Warranty Applicator shall warrant all work against defects in materials and workmanship for a period of one (1) year, unless otherwise noted, from the date of final acceptance of the project. Applicator shall, within a reasonable time after receipt of written notice thereof, repair defects in materials or workmanship which may develop during said one (1) year period, and any damage to other work caused by such defects or the repairing of same, at his own expense and without cost to the Owner. PART 2 PRODUCTS 2.1 Existing Products A. Standard Portland cement or new concrete must cured a minimum of 28 days prior to application of the coafing product(s) or surfaces must be prepared and coating materials applied according to the coating product manufacturer's recommendafions for such condifions. B. Remove existing coatings prior to application of the coating product(s) which may affect the performance and adhesion of the coafing product(s). C. Thoroughly clean and prepare existing products to effect a seal with and promote the adhesion of the coafing product(s). 2.2 Repair Products A. Repair products shall be used to fill voids or bugholes, smooth transifions between components, replace lost motar in masonry structures, smooth rough surfaces, rebuild severely deteriorated substrates and/or to remediate infiltration prior to thelnstallation of the coating product(s). 1. Repair materials must be supplied by the coafing product(s) manufacturer or shall be expressly approved by the coating product(s) manufacturer in writing for compatible with the specified coating product(s). 2. Ail materials shall be mixed, applied and cured in accordance with the manufacturer's recommendafions. 3. Repair product physical properties shall be substatlated through submittal of accredited third party testing results and shall be representative of the actual field applied product and cure mechanism(s) to be employed in the field. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-4 B. 100% solids, solvent-free epoxy grout; specifically the specified coafing product(s) (Section 2.3 C.) enhanced with Raven 200 polyolefin fiber filler or other approved aggregate. C. Factory blended, rapid setting, high-eariy strength, non-shrink, calcium aluminate repair mortar to be trowel or pneumatically spray applied to the entire surface. 1. Manufacturer: Raven Lining Systems, James Dugger, Broken Arrow, Oklahoma 800- 324-2810 or 918-6150-140 fax. Product: Raven 705CA Cement Mortar having the following characteristics: Product Type: Calcium aluminate mortar Tensile Strength, psi (ASTM C496):>685 Compressive Strength, psi (ASTM C109): >9,200 @ 28 days Flexural Strength, psi (ASTM C293): >1,650 Shrinkage @ 90% R. H., % (ASTM C596): 0 Adhesion to Concrete, psi (ASTM C882): >4,000 psi Freeze/Thaw (ASTM C666): 100 Cycles, no visible damage Density of wet mix: 129-139 Ibs./ft3. Applied Density: 135 Ibs/ft3 (+/- 5 lbs). D. Factory blended, non-shrink, hydraulic cement to be used for infiltration remediafion. 1. Manufacturer: As applicable 2. Product: Raven 715 Hydraulic cement having the foiiowing characteristics: • Product Type: Hydraulic cement • Compressive Strength, psi (ASTM C109): >1,000 @ 1 hour, >2500 psi @ 24 hours • Pull Out Strength, (ASTM C234): 14,000 pounds • Sulfate Resistance 2,000 ppm (ASTM C267 15 cycles) no weight loss • Freeze/Thaw (ASTM C666 100 cycles) no visible damage • Shrinkage @ 90% R. H.. % (ASTM C596): 0 2.3 Coating Products A. Coating product shall be applied to all interior surfaces to protect the host substrate and repair materials from ali forms of chemical or bacteriological attack typically found in municipal sanitary sewer systems and to impart a degree of structural enhancement. B. Coating product physical properties shall be substatiated through submittal of accredited third party testing results and shall be representative of the actual field applied product and cure mechanism(s) to be employed in the field. C. 100% Solids, Solvent-Free, Ultra-High Build Epoxy Coating to be spray applied to all interior surfaces of exposed concrete above the springline or as otherwise detailed. 1. Manufacturer: Raven Lining Systems, James Dugger, Broken Arrow, Oklahoma 800- 324-2810 or 918-6150-140 fax. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-5 2. Product: Raven 405 - 100% solids, solvent-free ultra high-build epoxy system exhibiting the following characterisfics: • Product Type: amine cured epoxy • VOC Content (ASTM D2584): 0% • Compressive Strength, psi (ASTM D695): 18,000 (minimum) • Tensile Strength, psi (ASTM D638): 7,500 (minimum) • Flexural Modulus, psi (ASTM D790): 700,000 (minimum) • Adhesion to Concrete, psi/mode of failure (ASTM D4541/7234): 200 psi (minimum) with substrate (concrete) failure • Chemical Resistance (ASTM D543/G20) immersionservice for: o Municipal sanitary sewer environment o Sulfuric acid, 30% o Sodium hydroxide, 10% • Successful Pass: Sanitation District of L.A. County Coating Evaulation Study and SSPWC 210.2.3.3 (Greenbook "Pickle Jar" Chemical Resistance test) D. 100% Solids, Solvent-Free, Ultra-High Build Epoxy Coating to be manually or spray applied to interior surfaces of exposed concrete beiow the typical flow line; speciflcally deisgned for accelerated cure and suitable for release of flow in less than 45 minutes at normal service temperatures or as othenA/ise detailed. 1. Manufacturer: Raven Lining Systems, James Dugger, Broken Arrow, Oklahoma 800- 324-2810 or 918-6150-140 fax. 2.4 Product Application Eguipment A. Cementifious repair products for spot repair may be mixed and applied using hand and/or power tools B. Cemetitious repair products to be spray applied shall be mixed and applied using manufacturer approved batch mixing and low velocity spray devices. C. Coafing product primer may be applied using hand tools or other convention/alriess spray application device(s). D. Coating product to be spray applied shall be mixed and applied using manufacturer approved heated plural component spray equipment. E. Coating product application to hard to reach areasor for touch-up may be performed using hand tools. 2.5 Frame and Cover A. For 24-inch diameter entry, use SDRSD Drawing No. Ml with "City of Carisbad Sewer" cast Inyo cover. Coated with black bituminous paint. B. For 36-inch diameter wntry, use City of Carisbad Standard Drawing S-4. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-6 PART 3 EXECUTION 3.1 Acceptable Applicators A. Repair mortar applicators shall be trained to properiy apply the cementifious mortar according to manufacturer's recommendafions. B. Protective coating must be applied by a Certified Applicator of the protective coating manufacturer and according to manufacturer specificafions. 3.2 Examinafion A. All structures to be coated shall be readily accessible to Applicator. B. Appropriate actions shall be taken to comply with local, state and federal regulatory and other applicable agencies with regard to environment, health and safety. C. The channel of the manhole shall be coated during low flow conditons by bypassing sewerage to assure the coating is installed below the average daily flow depth fo the channel. Hot air may be used to accelerate the cure time. D. Installation of the protective coafing shall not commence unfil the concrete substrate has properiy cured in accordance with these specifications. E. Temperature of the surface to be coated should be maintained between 40 deg F and 120 deg F during application. Prior to and during applicafion, care should be taken to avoid exposure of direct sunlight or other intense heat source to the structure being coated. Where varying surface temperatures do exist, care should be taken to apply the coating when the temperature is failing versus rising (ie. late afternoon into evening vs. morning into afternoon). 3.3 Surface Preparafion A. Applicator shall inspect ail surfaces specified to receive a protective coating prior to surface preparafion. Applicator shall notify Owner of any noficeable disparity in the surfaces which may Interfere with the proper preparafion or applicafion of the repair mortar and protective coating. B. All contaminants including: oils, grease, incompafible existing coatings, waxes, form release, curing compounds, effiorescence, sealers, salts, or other contaminants shall be removed. C. All concrete or mortar that is not sound or has been damaged by chemical exposure shall be removed to a sound concrete surface or replaced. D. Remove all ladder steps from the structure, grinding flush with structure surface. All remaining exposed metals shall be rust protected according SSPC speciflcations for these conditions. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-7 E. Surface preparation method(s) should be based upon the condifions of the substrate, service environment and the requirements of the epoxy protective coafing to be applied. F. Surfaces to receive protective coating shall be cleaned and abraded to produce a sound surface with adequate profile and porosity to provide a strong bond between the protective coating and the substrate. Generally, this can be achieved with a high pressure water cleaning using equipment capable of 5,000 psi at 4 gpm. Other methods such as high pressure water jetfing (refer to NACE Standard No. 5/SSPC-SP12), abrasive blasting, shotblasfing, grinding, scarifying or acid etching may also be used. Detergent water cleaning and hot water blasting may be necessary to remove oils, grease or other hydrocarbon residues from the concrete. Whichever method(s) are used, they shall be performed in a manner that provides a uniform, sound clean neutralized surface that is not excessively damaged. G. Infiltration shall be stopped by using a material which is compatible with the specified repair mortar and is suitable for topcoating with the specified epoxy protective coafing. H. The area between the manhole and the manhole ring and any other area that might exhibit movement or cracking due to expansion and contracfion, shall be grouted with a flexible grout or gel. I. All surfaces should be inspected by the Inspector during and after preparation and before the repair material is applied. J. Ail debris removed during the preparation process and installation of the rehabilitafion system shall be removed from the site and disposed of in compliance with governing agency requirements. No debris shall be released or allowed to enter the sewer system. 3.4 Application of Repair Materials A. Areas where structural steel has been exposed or removed shall be repaired in accordance with the Project Engineer's recommendations. B. Repair materials shall meet the specifications herein. The materials shall be trowel or spray applied utilizing proper equipment on to specified surfaces. The material thickness shall be specified by the Project Engineer according to Owner's requirements and manufacturer's recommendafions. C. If using approved cementifious repair materials, such shall be trowelled to provide a smooth surface with an average profile equivalent to coarse sandpaper to optimally receive the protective coating. No bugholes or honeycomb surfaces should remain after the final trowel procedure of the repair mortar. D. The repair materials shall be permitted to cure according to manufacturer recommendafions. Curing compounds should not be used unless approved for compatibility with the specified protective coating. E. Application of the repair materials, if not performed by the coating certified applicator, should be inspected by the protective coating certified applicator to ensure proper finishing for suitability to receive the specified coating. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-8 F. After abrasive blast and leak repair is performed, all surfaces shall be inspected for remaining laitance prior to protective coating applicafion. Any evidence of remaining contaminafion or laitance shall be removed by additional abrasive blast, shotblast or other approved method. If repair materials are used, refer to these specifications for surface preparafion. Areas to be coated must also be prepared in accordance with these specificafions after receiving a cementitious repair mortar and prior to application of the epoxy coafing. G. Interior of access hole structure shall be returned to the approximate original interior dimensions with the installafion of repair mortar. H. Ali surfaces shall be inspected during and after preparation and before the protective coating is applied. 3.5 Application of Protective Coating A. Application procedures shall conform to the recommendations of the protective coating manufacturer, including material handling, mixing, environmental controls during application, safety, and spray equipment. B. The spray equipment shall be specifically designed to accurately ratio and apply the specified protective coating materials and shall be regularly maintained and in proper working order. C. The protective coating material must be spray applied by a current Certified Applicator of the protective coating manufacturer. D. Specified surfaces shall be coated by spray application of a moisture tolerant, solvent- free, 100% solids, epoxy protective coafing as further described herein. Spray applicafion shall be to a minimum wet film thickness of 100 mils and an average wet film thicknesses of 125 mils. E. Airiess spray applicafion equipment approved by the coafing manufacturer shall be used to apply each coat of the protective coating. Air assisted spray application equipment may be acceptable, especially for thinner coats (<10 mils), only if the air source is filtered to completely remove all oil and water. F. If necessary, subsequent topcoating or addifional coats of the protective coating should occur as soon as the basecoat becomes tack free, ideally within 12 hours but no later than the recoat window for the specified products. Additional surface preparation procedures will be required if this recoat window Is exceeded. G. Fiberglass woven-roving fabric may be rolled into the resin or chopped glass spray applied with the resin for added tensile and flexural strength where desired. Sloped surfaces of the floor may be made non-skid by broadcasting aluminum oxide or silica sand into the surface prior to gelation. H. Depending on flow levels and how long flow can be stopped, inverts may be lined with an approved 100% solids, fast setting epoxy coating material. APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-9 3.6 Testing and Inspection A. General. All inspection shall be done by the Contractor in the presence of and under the direcfion of the Engineer Inspection procedures described as follows shall be consider as incidental to this contract and no addifional payment will be made for the inspection procedures and subsequent repairs resulting from destructive tests. B. The City may acquire the services of tha 3rd party inspector (Special Inspector). The cost of the Special Inspector shall be paid by the City under a separate agreement. The Contractor shall provide safe access required by the Special Inspector or Engineer including all equipment and support necessary for confined space entry in compliance with all governing safety requirements. C. 'Mill Gauge Test. During application a wet film thickness gage, such as those available through Paul N. Gardner Company, Inc. meeting ASTM D4414 - Standard Practice for Measurement of Wet Film Thickness of Organic Coatings by Notched Gages, shall be used to ensure a monolithic coating and uniform thickness during applicafion. D. High Voltage Spark Test. After the protective coating has set hard to the touch it shall be inspected with high-voltage holiday detecfion equipment. Surface shall first be dried, an induced holiday shall then be made on to the coated concrete surface and shall sen/e to determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set at 100 volts per 1 mil (25 microns) of film thickness applied but may be adjusted as necessary to detect the induced holiday (refer to NACE RP0188-99). All detected holidays shall be marked and repaired by abrading the coafing surface with grit disk paper or other hand tooling method. After abrading and cleaning, addifional protective coafing material can be hand applied to the repair area. All touch-up/repair procedures shall follow the protective coafing manufacturer's recommendafions. E. Adhesion Testing. The adhesion tests shall be performed on each of the rehabilitated structures at locations directed by the Engineer. Adhesion tesfing shall be conducted after the liner system has cured per manufacturer instruction and in accordance with ASTM D4541 as modified herein. A minimum of one 20 mm dolly shall be affixed to the lined surface of the structure at the upper section or cone area, mid secfion and at the bottom, unless othenA/ise specified in the Special Provisions. Each testing location shall be identified by the Engineer. The adhesive used to attach the dollies to the liner shall be rapid setting with tensile strength in excess of the liner material and permitted to cure in accordance with manufacturer recommendations. The lining material and dollies shall be adequately prepared to receive the adhesive. Prior to pull test, the Contractor shall utilize a scoring device to cut through the coafing until the substrate is reached. Extreme care shall be required while scoring to prevent micro cracking in the coafing, since cracks may cause failures at diminished strengths. Failure due to improper dolly adhesive or scoring shall require retesting. The pull tests in each area shaii meet or exceed 200 psi. and shall include subbase adhered to the back of the dolly or no visual signs of coating material in the test hole. Pull tests with results between a minimum 150 psi and 200 psi shall be acceptable if more than 50% of the subsurface is adhered to the back of the dolly. A test result can be discarded, as determined by the Engineer, if there is a valid nonstatisticai reason for discarding the test results as directed by APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-10 Sections 8.4 and 8.5 of ASTM D4541. If any test fails, a minimum of three additional locafions in the section of the failure shall be tested, as directed by the Engineer. If any of the retests fail ail loosely adhered or unadhered liner in the failed area, as determined by the Engineer, shall be removed and replaced at the Contractor's expense. F. A final visual inspection shall be made by the Inspector and manufacturer's representative. Any deficiencies in the finished coafing shall be marked and repaired according to the procedures set forth herein by Applicator. 3.7 Frame and Cover Installation A. Install per City of Carisbad Engineering Standards, 2008 Edition,(or latest edition) Standard Drawing S-1. B. Foiiowing 3.03 paragraph G of this Section. C. Repair of pavement shall comply with Section 302-5.8 of the Standard Specifications for Public Works Construcfion, 2006 Edition, "Greenbook". 3.8 Warranty inspections A. Visual inspecfion to determine integrity of rehabilitation materials and water fightness will be conducted prior to the expiration of the guarantee period. B. Contractor to accompany, Manufacturer Representafive and Engineer on inspections. C. Adhesions Test 25 percent of access holes rehabiiitaed at locations selected by the Engineer. If any access holes fail inspection, inspect all access holes In contract with Engineer. D. Contractor shall repair all rehabilitation failures to the safisfaction of the coating manufacturer and Engineer. E. Each of the manholes shall be spark tested and visually inspected. F. Contractor shall schedule and implement warranty inspecfion with City Engineer no eariier than 10 months prior to and but prior to 1 year of service from the Contract's Notice of Complefion date. END OF SECTION APRIL 2012 CONTRACT 5503-6 MORTAR AND EPOXY COATING MANHOLE REHABILITATION MANHOLE REHABILITATION, EL CAMINO REAL& AVENIDA ENCINAS 02760-11 APPENDIX A DOOR HANGER Contract No. 5503-6 APPENDIX "A" CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE #(760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City , of Carisbad's ongoing program to maintain its streets, your street will be resurfaced with asphalt concrete over the exisfing roadway surface. This construcfion will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE WED. THU. FRI. DATE: XX/XX/XX from 7:00A.M. to 5:00 P.M. If 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 Carisbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overiaid 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 resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Project Inspector @ (xxx) xxx-xxxx. Thank you for your cooperafion as we work to make a better City of Carisbad. APPENDIX B APPLICABLE CITY STANDARD DRAWINGS Contract No. 5503-6 STANDARD CAST IRON MANHOLE PAVEMENT OR MIN. SLOPE WIDTH SHALL EQUAL VARIABLE SECTION A-A POUR BASE AGAINST 6-INCHES OF 3/4" CRUSHED. ROCK BASE CAST IN PLACE CONCRETE FOR BASE SHALL BE TYPE 560-B-3250. ALL PIPE IN MANHOLE SHALL BE PVC AND SHALL BE INCLUDED AS PART OF MANHOLE. MANHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM C-478. STUB OUTS SHALL HAVE A MINIMUM LENGTH OF 3 FEET BEYOND MANHOLE. SDR 35 PVC PIPE MAY BE INSTALLED IN STRAIGHT-THROUGH MANHOLES WITH NO JUNCTIONS. THE TOP SECTION OF PIPE SHALL BE REMOVED aUSH WITH TOP OF SHELF. CUTS SHALL BE NEAT AND DRESSED MINIMIZING BURRS AND ROUGH EDGES. EACH SHAFT AND RISER JOINT SHALL BE SEALED PER JOINT DETAIL ON DWG S-1 A WITH BUTYL RUBBER SEALANT ROPE. WHEN MANHOLE FORMS THE JUNCTION OF SEWERS AND/OR AN ANGLE IN MAIN ALIGNMENT. SPECIAL CARE SHALL BE USED IN FORMING THE CHANNELS TO FACIUTATE THE FLOW OF SEWAGE. INVERTS SHALL BE TRUE TO GRADE AND ALIGNMENT. FINISHED WITH SMOOTH SURFACE. AND MAINTAIN 0.2' DROP. NOT TO SCALE UEV. APPROVED DATE CITY OF CARLSBAD J^i.TLM' '2/11 STANDARD SEWER MANHOLE J^i.TLM' '2/11 STANDARD SEWER MANHOLE CITY ENGINEER DATE STANDARD SEWER MANHOLE SUPPLEMENTAL Q | STANDARD NO. O"! HALF PLAN FRAME & COVER INNER COVER SEE DETAIL C^V^ 12 RIBS INNER COVER TOP SIDE 1 5/8" 38 1/8"D 1/8" 39 3/4"D 38 5/8"D ; 38 S/S-Q 24''D 24"D 22"D. 5^8" [1/4" 3^' 36"D 11/2* 1/4" CHAMFER 26 D 26 1/2"D 1 3/8"MIN. 1 5/8''MIN. r DETAIL 1/4 .1/8 BOTTOM SIDE HALF SECTION FRAME & COVER NOTES: WEIGHTS: INNER COVER OUTER COVER FRAME =155 LBS. -300 LBS. =330 LBS. 3/4' MATERIAL: CAST IRON. MACHINE SEATS TO PREVENT NOISE. FILLET RADII TO BE 12". IMPORTED COVERS AND FRAMES SHALL HAVE CON TRY OF ORIGIN MARKING IN COMPIANCE WITH FEDERAL REGULATIONS. zjizi 1" ^ 1/4 1 1/2" - 24 D 3 1/2Tr' Li/4" — 23 1/2"D m. 1 1 FINISHED SORTTiCE: SECTION A-A REV. APPROVED DATE CITY OF CARLSBAD MANHOLE FRAME & COVER MANHOLE FRAME & COVER CITY ENGINEes " DATE MANHOLE FRAME & COVER SUPPLEMENTAL O 1 STANDARD NO. APPENDIX C MANHOLE REHABILITATION SCHEDULE Contract No. 5503-6 MANHOLE REHABILITATION SCHEDULE (CONTRACTOR SHALL COMPLY WITH CONTRACT SPECIFICATIONS FOR APPROVED METHODS AND MATERIALS; NO. SCHEDULE City MH# REPLACE FRAMES. COVER Y=YES N=NO REMOVE STEPS Y=YES N=NO INSTALL Cement Mortar and Epoxy Coating System IE DEPTH (VERTICAL FEET) RIM TO CROWN SHAFT DIA BARREL/CHIMNEY (INCHES) GROUNDWATER INFILTRATION •LOCATION & ACCESSIBILITY DESCRIPTON ALL REFERENCED CONDITIONS ARE PRE-EXISTING 1 A 17D-73 Y Y Y 41.9 9.2 48"/24' N IN SOUTHBOUND LANE OF El CAMINO REAL, HEAVY TRAFFIC CONTROL 2 A 17D-70 Y Y Y 44.4 9.95 48'724" N IN SOUTHBOUND LANE OF El CAMINO REAL, HEAVY TRAFFIC CONTROL 3 A 17D-72 Y Y Y 45.2 9.22 48'724" N IN CENTER MEDIAN OF EL CAMINO RREAL, HEAVY TRAFFIC CONTROL 4 A 17B-78 Y Y Y 38.2 11.63 48"/24" N IN SOUTHBOUND LANE OF El CAMINO REAL, HEAVY TRAFFIC CONTROL 5 B 41D-63 Y Y Y 56.7 8.32 48"/24" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 6 B 41D-61 Y Y Y 53.6 7.97 48"/24" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 7 B 41A-10 N Y Y 56.9 11.16 48'724" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 8 8 41A-9 Y Y Y 52.0 6.55 48'724" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 9 B 41A-11 Y Y Y 44.6 8.36 48*724" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 10 B 41 B-122 Y Y Y 55.7 6.59 48"724" N AVINEDA ENCINAS BETWEEN COASTER STATION AND MACADAMIA ST 11 B 41 B-121 Y Y Y 57.3 6.74 48'724" N AVINEDA ENCINAS BETWEEN MACADAMIA STREET AND POINSETTIA 12 B 41D-62 Y Y Y 55.0 8.59 48'724" N AVINEDA ENCINAS BETWEEN MACADAMIA STREET AND POINSETTIA 13 B 41D-60 Y Y Y 52.3 8.17 48'724" N AVINEDA ENCINAS BETWEEN MACADAMIA STREET AND POINSETTIA 12 13 13 112.45 Manhole Rehabilitation, ECR and Avenida Encinas, 5503-6 Page 1 APPENDIX D VIVCINITY AND SITE LOCATION MAPS Contract No. 5503-6 VICINITY MAP CITY OF OCEANSIDE HIGHWAY • PROJECT SITE SCHEDULE "B" NOT TO SCALE CITY OF VISTA ^.^PROJECT NAME: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS PROJECT NUMBER 5503-6 EXHIBIT LOCATION MAP - SCHEDULE "A" PROJECT NAME: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS PROJECT NUMBER 5503-6 EXHIBIT 2 LOCATION MAP - SCHEDULE "B" c PROJECT NAME: MANHOLE REHABILITATION, EL CAMINO REAL AND AVENIDA ENCINAS PROJECT NUMBER 5503-6 EXHIBIT APPENDIX E MANHOLE INSPECTIONS AND PHOTOGRAPHS Contract No. 5503-6 [TYOF CARLSBAD MANHOLE INSPECTiON REPORT COMMENTS ON EXISTING CONDITIONS: m FRAME k COVER: 1 PlECEgl 2 P!£CEQ LA3£i£D: : ;AST [RON[g COMPOSlTEi_J CONOiTiON: MH CONE: Ql/, STEPS/RUNGS: PLASTIC • STEEL IKi 3 MH 5hAFnNG:£li. MH 8A5£: QVffrvVinn, MH rLOWUNt.: Mii uNfr-iG: \CCESSlBiLjTY; TA jnOyaaiiiKfl tM: I (s^t NOe NC: I3Y: |/>{id iimS 1 LOCATION: (^(Y'tlOff PMI SURFACE tlM—^ .R!M ELEV. IA-INCHES 3fa . ^, „ ab_ INCHES ^ - lA A , , X ^ ff^JOINT .INCHES sii; JOINT © INCH! INCHES P ± JF^ SHELF STEPS/RUNGS HIMNEY/GRADE RINGS CONE SHAFTiNG/RISER BASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE .AND CHANNEL ORIENTATION ANO PIPE DIAMETERS IN BASE UH LOCATION R.LiSH W/ SURFACE COVER: PONDING: CHANNEL WIDTH INCHES: CONSTRUCP.ON: CASTING RT:' MH CONDITION: MH WIDTH: § OF INVERTS: ROCTB IM MH: DEBRIS: iNRLTRATTON: AGGREGATE EXPOSED: RKAR EXPOSED: EXiST. UNER: H2S/0D0R: DROP MANHOLE: \2i} on i?^y^(0 UNPAV£D(2) @6) N0(2) ^yJiO) VENTED(2) B0LTED(3) YES(1){§9i2) eRlCK(2) RB£R(3) 0THER(4) ^^1) rAiR(2} F0OR(5) NEEDS ATl>i.(4) GOO0(l]^fA!R(2) FoSji) NEEDS ATTN.(4) INCHES AT BARREL te?}) UGHT(2} MEDiUM{5) HEAVy(4) UGHT(2) WEDiL'M(3) HEAVY(4) . M(lX^S^j)}^-EDjUM{3) HEAVY(4) N0(2) YES(1)^3^) YES(1)^m) MATRIAL N0NE(1) UGHlta^tDlUWj;^ H£AVT(4) N0(2) (iP YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 Attribute Value Objectid 5890 Facilltyid SWAH6509 UnlOd 178-78 Gridnumber 17B Dwgnumber 222-4 Dwgsheet 4 Projectnumljer CT 81-37 Cmwdno 00-0000 Dwgsigndate 9/21/1982 12:00:00 AM Dwgasbuiltdate 8/5/1983 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Malntalnedby CBD Status ACT Unlttype DAH Cleaningfrequency ANN Cleaningzone WW12 Invertelevationin 38.22 Invertelevati oocenter 36.87 Invertelevationout 36.77 Manholediameter 4 Rimelevation 48.5 Depth 11.63 Numberoflnlets 1 Numbefofoutlets 0 Coating None LInetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NAH Structu retype 3 Monilortype NONE Modlfledby amarc Modifieddate 9/12/2007 12:00:00 AM Createby amarc Createdate 9/12/2007 12:00:00 AM Notes District CBD Quadrant NW Streetld 1002 Streetsegmentid 1,822.00 Issynchansen No Comptype 22 Compkey 179284 Liflzone Andllaryrole Rotation Enabled Primaryimage Globalld {8D34CD74-6B0A-46Ee http://sismap02v/atlasMapsAVebpages/Iiifo/Mo.aspx?XMIN=409.9999999997249&YML.. 3/14/2012 ClTYCf CARLSBAD MANHOLE INSPECTION REPORi COsviMENlTS ON EXISTING COMDiTlONS: m FRmi k COCR: i PIECElH 2 PIECED LABELED: CAST IRON SI CGMPOSlTEn DNDiTlON: Q K MH CONE: QK STEFS/'RUNGS: PLASTIC • STEEL f i2? UD/RIM SURFACE —s.. R!M ELEV. r_ INCHES £ • i^CHIMNEY/GR.ADE RINGS Ob INCHES {FT. / IN.) ONE .INCHES I ^ JOINT- SI INCHES P I ^ SHELf-^ SHAFTING/RISER STEPS/RUNGS-FLOWUNE-^ l>-^ BASE- TYPICAL MANHOLE CROSS-SECTION MH SHAFTING: jQj^ BASE: ^'^'^ SHELR Kenw Uo'N O^v^rf^^ii MH i-LOWLlNE MH LINING: Uxi^t ACCESSiBi[jT-:l»^ ^fel^h>ad |.^>.. kJp^.r hftduy 4yAi^ic aulf»t« ^a^jp^gei: i JOB NC: iOATE & TIME , (LOCATiON; Si CpifViM M SHOW PIPE AND CHANNEL ORIENTATION AND PIPE Df'AMETERS IN BASE MH LOCATION R.USH W/ SURFACE COYER: PONDING: CHANNEL WOTH INCHES: CQNSTRUCP.ON: CASTING RT: MH CONDITION: m WIDTH: # OF INVERTS: ROOTS IN -MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED:' EXiST. UNER: H2S/0D0R: DROP MANHOLE: fp^m) UNPAVED(2) §p N0(2) ^9^0 VENTED(2) B0LTED(3) YES(1) ^) urn . • 0 IS ) BR1CK(2) RB£R(3) 0TriER(4) AiR(2) P00R(3) NEEDS AiTN.(4) G00D(1)(^R(2) F0OR(3]^££DS ATTN.(4) INCHES AT BARREL ^^<l ^0^1) UGHT(2) MEDIUM(3) H£AVY(4) (^p(l) UGHT(2) M£D1UM(3) HEAW(4) (^^(1) LIGHT(2) WEDIUM(3) H£AVY(4) ^S) N0(2) YES(1)(5^) YES(1)(^) .MATERIAL, N0NE(1) UGHT(2)^Su^3) HEAVY(4) YES(1)/N0?^) (iP YES DRAW ON CROSS SECTTON) o Info Tool Page 1 of 1 Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 Attribute Value Objectid 5176 Facilltyid SWAH5282 Unitid 170-70 Gridnumber 170 IDwgnumber 222-4 Dwgsheet 5 Projectnumber CT 81-37 Cmwdno 00-0000 Dwgsigndate 9/21/1982 12:00:00 AM Dwgasbuiltdate 8/5/1983 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW12 Invertelevationin 44.42 Inverteievationcenter 44.32 invertelevationout 44.22 Manholediameter 4 Rimelevation 54.27 Depth 9.95 Numberoflnlets 1 Numberofoutlets 0 Coating None Linetype G Pipeclass COL inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown interceptorsystem NAH Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes ATLAS District CBD Quadrant NW Streetld 1002 Streetsegmentid 1,822.00 Issynchansen No Comptype 22 Compkey 175357 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {D9AA4697-1B3D-4DF3 o http://)rismap02v/atlasMaps/Webpages/Info/Info.aspx?XMIN=439.9999999998532&YML.. 3/14/2012 CiTY OF CARLSBAD iV1/\NH0LE INSPECTION REPORT COMMENTS ON EXISTING CONDITIONS: MH FRAME k COVER: i P!ECE[3 2 PIECED LABELED: MA icRiAL.: AST IRON^ COMPOSiTELJ CONpiTiON: MH COME: STEPS/RUNGS: PLASTIC STEEL • MH SH.aFjiNG: H 8ASE:__QJ( MH SHELF: MH rLOWUNE: MH UNiNG: ACCESSaiiTY:';!)^ CM^^^ hiti: d,a.rf, |\Cf^NJ)? -tlPtil^vc c^vM^ 4r^iP^geT: UOB NC: i DATE & TM: I'.lQflm. 1 LOCATiON; C^Mfttfo nft4 SURFACE 5 LiD/ratrt—\ /-R!M ELEV. INCHES P ! T ^JQINT I 'AC I Jt) INCHES ^ •• '1 , , , t JOINT 531.INCHI .INCHES t 1^ JOINT INCHES r STEPS/RUNGS FLOWUNE HiMKEY/GR.ADE RINGS CONE SHAFTING/RISER SHELF-^ BASE—^ TYPICAL MANHOLE CROSS^ECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DfAMETERS IN BASE j^H LOCATION R.USH W/ SURFACE COVER: PONDING: CHANNEL WIDTH INCKES: CONSTRUCTION: CASTING RT:' KiH CONCmON: m WIDTH: jS OF INVERTS: ROOTi IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: •EXIST UNER: H2S/0D0R: DROP MANHOLE; ^A^jEpJl) UNPAV£D(2) ^0) N0(2) |g (SOUm) VENTED(2) B0LTE0(5) YES(1)(^S^) ^C.ASj)[l) BRICK(2) P,B£R(3) 0THER(4) ^^0^) FAiR(2) P00R(3) .NEEDS ATTN.(4) GOOD(l)(f^(^ P00R(3) NEEDS AT!N.(4) INCHES AT BARREL U ^Nd)i) UGHT(2} MEDIUM(3) HEAVY(4) ;i^^l) UGHT(2) MEDIUM(3) HEAVY(4) ^3l) UGHT(2) M£D1UW(3) H£AVY(4) Ytiifcl) N0(2) YES(1)@) YES(1){1^002) .vfATERlAL N0NE(l)\taTl2/ Ma31UW(3) HEAVT(4) YtSOyjfgC^yOF VES DRAW ON CROSS SECTION) c Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c Attribute VakM Objectid 5180 Facilltyid SWAH5286 Unitid Gridnumber 17D Dwgnumt)er 222-4 Dwgsheet 5 Projectnumber CT 81-37 Cmwdno 00-0000 Dwgsigndate 9/21/1982 12:00:00 AM Dwgasbuiltdate 8/5/198312:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW12 Invertelevationin 45.16 Inverteievationcenter 45.06 invertelevationout 44.96 Manholediameter 4 Rimelevation 54.28 Depth 9.22 Numberoflnlets 1 Numberofoutlets 0 Coating None Linetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown interceptorsystem NAH Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek- Createdate 3/25/2003 12:00:00 AM Notes ATUS District CBD Quadrant NW Streetld 1002 Streetsegmentid 1,822.00 Issynchansen No Comptype 22 Compkey 175361 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {7068D24A-C27A-49C3-8 o http://gismap02v/atlasMaps/W ebpages/Info/Info. aspx?XMIN=453.99999999993 84&YML.. 3/14/2012 nd-73 3-l3-aoix CITY OF CARLSBAD MANHOLE INSPECTiON REPORT COMft^ENTS ON EXISTING CONDITIONS: m FRAME k COVER: 1 PIECElS 2 PIECEQ LASEiED: i CAST IRON 5?] COMPOSITEi I CONDiTiON: m CONE: Ot STEPS/RUNGS; PLASTIC i_i STEEL? MH SHAFT1NC.JX MHeASE:ilL Mh i)M-:Lr: MH rLOWUNt MH LiNING: il ^CCESSlBiUTY: Sr. S:.lM\.i I f^y^t, ^jpf^^^eeT: I JOB NC: i LOCATION SURFACE ! UD/RiM-x £7 \ RIM EL£\''. F _iNCHES INCHES ' tl (FT. / IN.)-^ INCHES JOINT J/i_INCHES JOINT HiyNEY/GR.AD£ RINGS ONE SHAFTlNG/RiSER SHELF-^ j STEPS/RUNGS ---^;TjLGWUNE-> \^_^ B.ASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE .AND CHANNEL ORIENTATION ANO PIPE DIAMETERS IN BASE LOCATION R.USH W/ SURFACE COVER: PONDING: CHANNEL miW INCHES: CONSTRUCTION: CASTING .RT: M.H CONDITION: MH WDTH; f OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATTON: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: DROP MANHOLE: [Xi ^AyEd(l) UNFAv'ED(2) ^ (gjl) N0(2) ^ ^^'(1) VENiED(2) B0LTED(3) m VES(1)@) r H^^^^S^i) 8RICK(2) P.6£R(3) 0TH£R(4) \GCo5y FAiR(2) P00R(3) NEEDS ATT>i.(4) • gl G00D(i)^^(2) FQOR0) NEEDS ATi>J.(4) {HXM ''^CHES AT BARREL • ^i'- 12 (^^) UGHT(2) MEDIUM(5) H£AVY(4) ™Z(1) UGHT{2) MED1L'M(3} HEAW(4) :^N5))^^^^EDIUM(3) HEAVY(4) N0(2) 12 YES(lX®^) {2 VES(l)fe^i) .MATERIAL N0NE(1) UGHT(2Xi4aiUJ^) H£AVY(4) YES(l)(F<OpE) (IF YES DRAW ON; CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 featuros found. Displaying 1 to 1 Attribute Value Ot^ectld 5889 FacUityid SWAH6508 Unitid 17C)-73 . Gridnumber 17D Dwgnumber 222-4 Dwgsheet 4 Projectnumber CT 81-37 Cmwdno 00-0000 Dwgsigndate 9/21/1982 12:00:00 AM Dwgasbuiltdate 8/5/1983 12:00:00 AM Acceptancedate 2S2/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH aeaningfrequency ANN Cleaningzone WW12 Invertelevationin 41.85 Invertelevatkmcenter 41.8 Invertelevationout 41.75 Manholediameter 4 Rimelevation 51.00 Depth 9.2 Numberoflnlets 1 Numberofoutlets 0 Coating None Linetype G Pipeclass COL Inspectionstatus inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NAH Structuretype 1 Monitortype NONE Modifiedby amarc Modifieddate 9/12/2007 12:00:00 AM Createby amarc Createdate 9/12/2007 12:00:00 PM Notes District CBD Quadrant NW StreetkJ 1002 Streetsegmentid 1.822.00 Issynchansen No Comptype 22 Compkey 179283 Liflzone Ancillaryrole Rotation Enabled Primaryimage Globalid {C84FD53D-49F0-4B9S http://gismap02v/atlasMapsAVebpages/Info/Info.aspx?XMm=322.99999999965706&YM... 3/14/2012 - 5-aoia HNiH CITY OF CARLSBAD MANHOLE INSPECTION REPOR1 COMMENTS ON EXISTING CONDITIONS: ^ ppi^f^c co^VER: 1 PIEC^^ 2 PIECED LABELED: sST IRONl^ll) COMPOSITEC CONDiTiON: m CONE: STEPS/RUNGS: PLASTlC|gi STEEL • ^ MH SHAFliNG: MH BASE; doc MH SHELF: MH rlOWUNt: MH UNiNG: ACCESSlBiLlI I JOB NC: „ _„ : isY: , iDATE Sc TIME jMh iD#: _ i LOCATION; SURFACE—s.. Y y RiM ELE\'. C/ INCHES d=3 Y ^INTA INCHES ^ • .(FT. / IN.) JOINT INCHES JOINT DC'* 3JL_INCHES P _i ^ SHELF STEPS/RUNGS FLOWUNE :HIMNEY/GRADE RINGS ONE SHAFTING/RISER BASE—^ TYPICAL MANHOLE CROSS^ECTION m LOCATION LJ R.USH W/ SURFACE , • COVER: PONDING: CHANNEL WDTH INCHES: CONSTRUCP.ON: • CASTING RT: • MH CONDITION: • LJ MH WIDTH: •n # OF INVERTS: • ROOTS IN MH: • DEBRIS: • INRLTRATION: • AGGREGATE EXPOSED: REBAR EXPOSED: • EXiST UNER: • H2S/0D0R: • DROP MANHOLE; • SHOW PIPE AND CHANNEL ORIENTATION AND PIPE D('AMETERS IN BASE ) UNPAv'ED(2) B0LTED(3) ?ECAgt(l) BRICK(2) nBER(3) 0TriER(4) 5C0D^1) FA1R(2) P00R(3) NEEDS ATTN.(4) ^00Q^<) FA!R(2) F00R(3) NEDS ATTM.(4) T0NECJ^UGHT(2) MEDIUM(3) HEAVY(4) 'NONElpl^ UGHT(2) MBDIUM(3) HEAW(4) I) IJGHT(2) )«'EDiUM(3) HEAVY(4) :YES{ ("4 r^. WW - Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c Attribute Value Objectid 3327 Facllityid SWAH3009 Unitid 4iM ' Gridnumber 41A Dwgnumber 232-2 Dwgsheet 4 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfi-equency ANN Cleaningzone WW21 invertelevationin 52.00 Inverteievationcenter 51.95 Invertelevationout 51.9 Manholediameter 4 Rimelevation 58.5 Depth 6.55 Numberoflnlets 0 Numberofoutlets 0 Coating None Linetype G Pipeclass COL Inspectionstatus inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown interceptorsystem PONTO Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetld 1222 Streetsegmentid 3,039.00 Issynchansen No Comptype 22 Compkey 178889 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {A312F2D1-1210-4F93-B http://fiismap02v/atlasMaps/Webpaees/Info/Info.asDx?XMIN=421.00000000002904&YM V^ V?m 9 Info Tool Page 2 of 2 status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 45.77 Inverteievationcenter 45.77 Invertelevationout 45.77 Manholediameter 5 Rimelevation 57.00 Depth 11.23 Numberoflnlets 0 Numberofoutlets 0 Coating None Linetype G Pipeclass COL inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem PONTO Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetld 1222 Streetsegmentid 3.039.00 , Issynchansen No Comptype 22 Compkey 180206 Liflzone Ancillaryrole Rotation Enabled Primaryimage Globalid {89A80AE6-CC8A-49FF- http://gismap02v/atlasMapsAVebpages/Info/Mo.aspx?XMIN=294.0000000000834&YM 3/13/2012 CITY OF CARLSBAD MANHOLE INSPECTION REPORi COMI^ENTS ON EXISTING CONDITIONS: m ?T<.AME k CO'-^R: 1 PIECE^ 2 PIECED LABtLtD: MA ifc-RiA AST (RON^ COMPOSiTEn Cu'Nui! iON: UH CONE: 5TEFS/RUN-GS: PLASTIC STEEL • 1^ MH SHAFIING; MH BA5L: MH SHELR £^^^fl ^^^^ MH F-OWLlNE J^yfSi^c/ ^^'^^'^ MH LiNING: ACCESSlBiLli /;_-Sje|R?g^5eT: ; \ JOB NC: i DATE & TIME , j^^//>- C j j^H iD#: yiA-IO 1 LOCATiON: UD/RIM-^ /- SURFACE —^ / RiM ELEV. INCHES INCHES (FT. / IN.)-| .INCHES .'4 CHiMNEY/GRADE RINGS ONE SHAFTING/RISER STEPS/RUNGS 1 BASE—^ TYPICAL MANHOi F CROSS-SECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE 'm LOCATION R.USH W/ SURFACE COVER: PONDING: CHANNEL WIDTH INCHES; CONSTRUCTION: CASTING RT MH CONDITION: MH WIDTH: # OF INVERTS: ROOTS IN MH: DEBRIS: INFILTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: D.ROP MANHOLE: UNPAVED(2) ;) 80LTED(3) • ^^^^p) BR1CK(2) R8£R(3) 0THER(4) riy^^nrSl r^g{2) PQ0R(3) NEEDS ATTN.(4) • D GOOD(l([™S(^GoR(3p)EEDS AnN.(4) •U ^^C^E^ ^'^ BARREL • ^jp-^ • ^"^S^) UGHT(2} MEDIUM(3) HEAW(4) • ^<0^) UGHT(2) MED1UM(3) HEAVY(4) • (^&) LIGHT(2} MEDiUM(3) HEAVr(4) • C^5NO(2) • YES(1)^(2? • Y£S(1)^^]> MATERIAL ^ • ^^1) U§l3T(2) MEDIUM(3) HEAVY(4) • 1^11) jm^^r YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 tol Attribute Value Objectid 3328 Facilltyid SWAH3010 Unitki 41A-10 Gridnumber 41A Dwgnumber 232-2 Dwgsheet 7 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 212212222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 46.94 Inverteievationcenter 46.84 Invertelevationout 46.74 Manholediameter 4 Rimelevation 58.00 Depth 11.16 Numberoflnlets 0 Numberofoutlets 0 Coating None Linetype G Pipeclass COL inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem PONTO Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetld 1222 Streetsegmentid 3,039.00 Issynchansen No Comptype 22 Compkey 178890 LIfbnne Ancillaryrole Rotation Enabled Primaryimage Globalid {42C56D43-62FD-4ED1 http://gismap02v/atlasMapsAVebpages/Info/Info.aspx?XMIN=351.999999999^ 3/13/2012 CITY OF CARLSBAD MANHOLE INSPECTION REPORI COMMENTS ON EXISTING CONDITIONS: m FR-AME k CQS/tR: i PIECEM 2 PIECE• LABELED: _L MATERIAL: CAST IRON^ COMPOSiTE[ CONO'TiON: m CONE: STEPS/RUNGS: PLASTICNJ STEEL LJ MH SHAF.'iNG: MH BASE: MH 5f€LF: MH FlOWUNt.: MH UNING: ACCESSBILJTV: H)^iP1?@^£eT: ' I JOB NC: : I cjv. iOAit&TiM£_^ > 1 LOCATiON: SURFACE UD/RlM RIM ELEV. CHIMNEY/GR.AOE RINGS ONE SHAFTlNG/RISER .INCHES P i ^ SHELf- STEPS/RUNGS --^M FLOWUNE J>-| BASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATION LJ< }(1) UNPAv'ED(2) R.USH W/ SURFACE • /YFS^?< N0(2) COVER: PONDING: CHANNEL WIDTH INCHES: CONSTRUCTION: CASTING RT MH CONDITION: MH WIDTH: # OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: DROP MANHOLE: • PS^^JK) 8RICK(2) nBER(3) 0THLR(4) • x^^) rAiR(2) P00R(3) NEEDS ATTM.(4) • D .(^SS^^^R^) NEEDS AnN.(4) •• if>iUHtS AT BARRa • UGHT(2) ME0IUM(3) H£AVY(4) • UGHT(2) MED!UM(3) HEAVY(4) •^^^^ UGHTf2) MEDIUM(3) HEAVY(4) • YES(1)^^ • Y£S(1)@Z) MATERIAL : • ^^(1) ySTT(2) MEDIUM(3) H£AVY(4) • YES(l)dTO?2f (IF YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c Attribute Vahie Objectid 3120 Facilltyid SWAH3011 Unitid 41A-11 Gridnumber 41A Dwgnumber 232-2 Dwgsheet 7 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 invertelevationin 44.64 1 nvertelevationcenter 44.64 Invertelevationout 44.64 Manholediameter 4 Rimelevation 53.00 Depth 8.36 Numberoflnlets 0 Numberofoutlets 0 Coating None Linetype G Pipeclass COL inspectionstatus inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown interceptorsystem PONTO Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/200312:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetid 1222 Streetsegmentid 3,039.00 Issynchansen No Comptype 22 Compkey 174908 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {5542A433-9EB6-4ACF-I http://ffismap02v/atlasMaps/WebDaees/Info/Info.asDX?XMIN=233.000000000011 S5A:YM V^ ^/7m 1 CITYOF C/VRLSBAD MANHOLE INSPECTION REPORT COMMENTS ON EXISTING CONDITIONS: MH FRAME k COVER; 1 LABELED: PIECE^ 2 PIECED MA i'cRiAu i.ST [RONVT^ COMPOSiTEn CONL/iTiuN: MH CONE: 5TE.PS/RLiNGS: PLASTIC^ STEEL • MH SHAFHNG: MH BASE: MH SHELF MH PLOWUNL: MH UHING; ACCiiSSlBil.jl [jj^jv^iR^eeT: ' ; I JOB NC: iDATE k uME i LOCA1 i ON: jsf. UD/RIM-x SURFACE —\ / R!M ELEV. ^ INCHES ^Jb INCHES CHIMNEY/GR.ADE RINGS ONE SHAFTlNG/RISER STEPS/RUNGS BASE ^ TYPICAL MANHOLE CROSS-SECTION SHOW PIPE mu CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATiON R.USH W/ SURFACE COVBR: PONDING: CHANNEL WIDTH INCHES: CONSTRUCTION: CASTING RT: MH CONDITION: MH WIDTH: # OF INVERTS: ROCTi IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: DROP MANHOLE: fl) UNPAVED(2) N0(2) LJ<3iyt^^T^-^'^D(2) B0LTED(3) • YES(lJ^ • • • ^IKA2<(1) 8R1CK(2) RBER(3) 0THER(4) rj(^^"^ m^l^?0QR{2) NEEDS ATTN.(4) • [ (%i^^?QQR{Z) HEEDS ATTN.(4) •• INCHES AT BARREL •^^^1? UGHT(2) MEDtUM(3) HEAW(4) • UGHT(2) MEDrdM(3) HEA^'Y(4) • LJGHT(2) MEDIUM(3) HEAVY(4) • Y£S(l)/3^ MATERIAL [ • ^QW) UGHT(2) MEDIUM(3) HEAVY(4) • YES(l)/lO^ (IF YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 Attribute Value ObjecUd 2313 Facllityid SWAH3006 Unitid 418-121 Gridnumber 41B Dwgnumber 232-2 Dwgsheet 3 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 57.26 Inverteievationcenter 57.21 Invertelevationout 57.16 Manholediameter 4 Rimelevation 63.95 Depth 6.74 Numberoflnlets 1 Numberofoutlets 0 Coating None Linetype G Pipeclass COL inspectionstatus inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem PONTO Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Sti-eetid 1222 Sti-eetsegmentid 6.313.00 Issynchansen No Comptype 22 Compkey 178555 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {505A8539<:B8D-4D1C- http://gismap02v/atlasMaps/Webpages/Info/Info.aspx?XMIN=497.0000000000988&YMI... 3/13/2012 CITY OF CARLSBAD MANHOLE INSPECTION REPORT COMMENTS ON EXISTING CONDITIONS: MH FR-AME k CO^vER: 1 PIEC£[jfl 2 PIECE• LABELED: . friA icr^iML: ST mnm COMPOSITED CONDiTiON: MH CONE: STEPS/RUNGS: PLASTIC^ STEEL • MH SHAFiiNG MH BASE: MH SHELF: MH R-OWUNt: MH UHING: ACCESSiBiUi H:^v:^jP1^5eT: ; I JOB NC: ' > QV. j D ! . I DATE k TIME^ iMHiD#: ^/^-TET ILOCAiiON: • =2? UD/RIM SURFACE — Jf!!_MCHES RIM ELEV. o/'« • JO INCHES (FT. / IN-)-J- INCHES INCHES P i ^ SHELF-^ CHIMNEY/GRADE RINGS ONE SHAFTING/RISER SHOW PIPE AND 'CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATION R.USH W/ SURFACE COVER: PONDING: CHANNEL WIDTH INCHES: CONSTRUCTION: CASTING RT MH CONDITION: MH WIDTH: I OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: DROP MANHOLE: LJ (P^W) UNPAVED(2) •'-^^>!0(2) L y^OUD^) VENTED(2) 80LTED(3) •• • <£^CAS^) BR1CK(2) RBER(5) 0TVIER(4) D r AiR(2) P00R(3) NEEDS ATT>i.(4) • r" J^g2}])oOR(5) NEEDS ATTN.(4) DU ^^^^'^^ A"!" BARREL • ^^^^UGHT(2) MEDIUM(3) HEAVY{4) •^^Sp UGHT(2) MED1UM(3) HEA\/'Y(4) •25*^) UGHT(2) MEDIUM(3) HEAVY(4) N0(2) • YES(1^;^o5J> • YES(J^;-^5^iP MATERIAL : • ^2fl3e?l) UGHT(2) MEDIUM(3) HEAVY(4) • N0(2) (IF YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c c Attribute VakM Objectid 3325 Facilltyid SWAH3007 UnitW 418^122 Gridnumber 41B Dwgnumber 232-2 l^wgsheet 4 • Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 55.69 Inverteievationcenter 55.64 invertelevationout 55.59 Manholediameter 4 Rimelevation 62.23 Depth 6.59 Numberoflnlets 0 Numberofoutiets 0 Coating None Linetype G Pipeclass COL Inspectionstatus inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem PONTO Stnjcturetype 1 Monitortype NONE Modifiedby • dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetid 1222 Streetsegmentid 3,039.00 issynchansen No Comptype 22 Compkey 178887 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {64806F52-E405-462E-1 l.tfn7/mQm^,nn7v/f.t1a.sMan.sAVebnases/Info/Info.aspx?XMIN=463.00000000008316&Y^^ 3/13/2012 "3-15-2011 CITYOF CARLSBAD MANHOLE INSPECTION REPORT LABELED: COMMENTS ON EXISTING CONDiTlGNS: 7 ^om MH FR.AME k COWR: _ 1 PIECESf 2 PiECEQ AST IRONVJ COMPOSiTEf CONDiTuN: MH CONE: STEPS/RUN-GS; PLASTIC STEEL • MH SHAFiiNG: ' UH BASE: MH SHELF: MH FLOWUNt MH UNING: ACCEssem /_^Fv2-iPJ^5eT ; ijOB NC: jOATE k TIME ^ V \ MH iDx!: I LOCATION; UD/RIM SURFACE — RiM ELEV. ti fP IN INCHES (<i Ch-INCHES (FT. / IN.)-f- INCHES INCHES P 1 STEPS/RUNGS CHIMNEY/GRADE RINGS :ONE SHAFTiNG/RISER FLOWUNE // BASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATION P-.USH W/ SURFACE COVER: PONDING; CHANNEL WIDTH INCHES; CONSTRUCTION: CASTING RT; MH CONDITION: MH WIDTH: § OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION; AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER:, H2S/0D0R: DROP MANHOLE: To UNPAVED(2) N0(2) LJ^^iUL^rvt:mED(2) B0LTED(3) • YES(1)^(6(p/ • ^^^T(1) eRIC.'<(2) RBER(3) 0THER(4) iZ?/G^(l) FAiR(2) P00R(3) NEDSATTN.(4) • • G00D(1) FAiR(2) P00R(3) ^JSJTATS^ •• INCHES AT BARREL • ^^^^JGHT(2} MEDIUM(3) HEA^,^{4) O^^^^ UGHT(2) MEDIL'M(3) HEAVY(4) • UGHT(2) MEDIUM(3) H£AVY(4) •(3§ti?N0(2) • YES(1jt^^^> • Y£S(y^^(^AAT£RlAL • (^^i^ JGHT[2) MEDIUM(3) H£AVY(4) • Y£S(^^I0(2j)(IF YES DRAW ON CROSS SECTION) #;J.. Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 Attribute Vakie Objectid 2522 Facllityid SWAH2997 Unitid 4ie»eo Gridnumber 41D Dwgnumber 232-2 Dwgsheet 2 Projectnumber CT81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 invertelevationin 52.33 i nvertelevationcenter 52.28 inverteievab'onout 52.23 Manholediameter 4 Rimelevation 60.45 Depth 8.17 Numberoflnlets 0 Numberofoutiets 0 Coating None Linetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NB Structuretype 1 , Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes Disblct CBD Quadrant SW Streetid 1222 Sb'eetsegmentid 2,200.00 Issynchansen No Comptype 22 Compkey 175440 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {96FFE8CB-955F-469A- http://gisniap02v/atlasMaps/Webpages/Info/Info.aspx?XMIN=646.0000000000025&YMI..^ 3/13/2012 CITYOF CARLSBAD MANHOLE INSPECTION REPORT COiviMEMTS ON EXISTING CONDITIONS: MH FT^.AME k CO^CR: 1 PIECE[^2 PIECED LABELED: : \ WATERiAL: ;AST iRO CONDiTiON: MH CONE: MH SHAFiiNG: mi BASE: MH SHELF MH R_OW'iJNE: MH LINING: Accts^^Biurr: kg COMPOSITE • STE.PS/RUNGS: PLASTIC^ STEEL • 3S ; I JOB NC: : 1 SY: I DATE k TIME. I MH IDjc: ^ Sm^ \ LOCATION: j2? UD/RIM~\ /- SURFACE—v,^^ \ y INCHES RIM ELEV. CHIMNEY/GR.ADE RINGS ONE (FT. / IN.)-J- INCHES INCHES £ i SHELF-^ i JOINT- •SHAFTING/RISER STEPS/RUNGS FLOWUNE BASE- TYPICAL MANHOLECROSS^ECTION f SHOW PIPE AND\cfAN^jEL ORIENTATION MH LOCATiON ^7 FLUSH W/ SURFACE COVER: ! 1 L.J PONDING; • CHANNEL WIDTH • • INCHES; • • CONSTRUCTION: • CASTING RT: MH CONDITION: • • MH WIDTH: •u # OF INVERTS: • ROOT^ IN MH: •l DEBRIS: • INRLTRATION: • AGGREGATE EXPOSED: • REBAR EXPOSED: • EXiST UNER: • H2S/0D0R: • DROP MANHOLE; • AND PIPE DIAMETERS IN BASE 0 UNPAV£D(2) N0(2) b(() Va:ITED(2) 80LTED(3) • YES(l).>fe) i(l) BRICK(2) RBER(3) 0THER(4) rAiR(2) •?00R(3) NEEDS AXIiuC^'' tFAIR(2) ?00R(3) NEEafATThU^ UGHT(2) MEDIUM(3) HEA'VY(4) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 o AUiilMits Value Objectid 2523 Facllityid SWAH2998 Unitid 4ib*t /* Gridnumber 41D Dwgnumber 232-2 Dwgsheet 2 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 53.58 inverteievationcenter 53.53 Invertelevationout 53.48 Manholediameter 4 Rimelevation 61.5 Depth 7.97 Numberofiniets 0 Numberofoutiets 0 Coating None Linetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NB Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes Disblct CBD Quadrant SW Streetid 1222 Streetsegmentid 2,200.00 Issynchansen No Comptype 22 Compkey 175441 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {4A97AB6D-B098-428A- liftr.-//mQtTiann9v/at1;isMfln.s/Wehnape.s/Tnfo/Tnfo.asDx?XMIN=631.0000000000042& 3/13/2012 1^ '•'•^'^''HR^ItfriWilrinli.itltfM^ CITY OF CARLSBAD MANHOLE INSPECTION REPORT COMMENTS ON EXISTING CONDITIONS: m FRAME k CO^: 1 PIECE^ 2 PIECE• LABELED: AST IRONKZ COMPOSITED CONDi rio'N: MH CONE: MH SHAFiiNG: mi BASE: .MH SHELF: M"H PLOWUNE: MH LiNIN( ACCESSlBil iTf- STEPS/RUNGS: PLASTIC 1 ll^ STEEL • PJ^gei: JOB NC: • BY: DATE k TIME MH ID#: _ LOCATION: 7^ -Vfi/zx i2=- UD/RIM-^ SURFACE—Y y RiM ELE\'. -a: |P INCr P INCHES d=] • , Y ^INTA INCHES i ^JOINT CHIMNEY/GRADE RINGS ONE (FT. / m.)~j INCHES JOINT XL. INCHES P ± Jr^ SHELF STEPS/RUNGS • FLOWUNE SHAFTING/RISER BASE- TYPICAL MANHOLE CROSS^ECTiON i SHOW PIPE AND C™JlEL ORIENTATION AND PIPE DIAMETB^S IN BASE MH LOCATION R.USH W/ SURFACE COVER: PONDING; CHANNEL WIDTH INCHES; CONSTRUCTION: CASTING RT: MH CONDITION: MH WIDTH: # OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXiST UNER: H2S/0D0R: DROP MANHOLE: • /F^^6C') UNPAVED(2) • ^'^g]yN0(2) L J (3J0^)mED(2) B0LTED(3) • YES(1^^ • • • /^CA|K1) BRICK(2) RB£R(3) 0THER(4) D ^SSw FAiR(2) P00R(3) NEEDS ATTM.(4) • • GOOD(t) FAIR(2) P00R(5) N(^ ATTN.Tlj' • • INCHES AT BARREL " •<^^ UGHT(2} MEDIUM(3) HEAVY(4) •OOWeS iJGHT(2) MBDIUM(3) HEAVY(4) ^^) UGHT(2} MEDIUM(3) HEAVY(4) • ^ft • >^ • Ygj^gjOj^ MATERIAL, • (^PO UGHT(2) MED1UM(3) HEAVY(4) • YES(lVf5o^ (IF YES DRAW ON CROSS SECTION) Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c Altribut* Value Objectid 2486 Facilltyid SWAH2999 Unitid 41D« Gridnumber 41D DvKgnumber 232-2 IDwgsheet 2 Projectnuml)er CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM Dwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfrequency ANN Cleaningzone WW21 Invertelevationin 55.01 Inverteievationcenter 54.91 Invertelevationout 54.81 Manholediameter 4 Rimelevation 63.5 Deptii 8.59 Numberofiniets 0 Numberofoutiets 0 Coating None Linetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NB Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetid 1222 Streetsegmentid 2,200.00 issynchansen, No Comptype 22 Compkey 174826 Liftzone Ancillaryrole Rotation Enabled Primaryimage Globalid {C216BFD8-523C-43BC o http://gismap02v/atlasMapsAVebpages/Info/Info.aspx?XMm=651.0000000001003&YM^ 3/13/2012 CITYOF CARLSBAD MANHOLE INSPECTION REPORT COiviMENTS ON EXISTING CONDITIONS: m r-TR.A;ME k CG'VER: 1 PIECE'^2 PIECED ?rtA itRiAL: AST IRON/y COMPOSITED CONDi fiuN: XL- MH CONE: STEPS/RUNGS: PLASTIC STEEL • iV - MH SHAFiiNG: W. BASE: MH SHELF: MH FLOWUNE: MH LINING: ACCtiSSlBiLl' ^a^iP^gei: JOB NC: fbr: I OATE k nM£ !MHiD#: i LOCATiON; UD/RIM RiM ELEV. CH1MNEY/GR.ADE RINGS CONE SHAFTING/RISER MH LOCATION LJ P_USH W/ SURFACE Q COVER: I—1 L.J PONDING; I—1 LJ CHANNEL WIDTH INCHES; •• CONSTRUCTION: CASTING RT: 1 • MH CONDITION: • • MH WIDTH: •D 1 OF INVERTS: . • ROOTS IN MH: DEBRIS: • INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: • EXiST UNER: • H2S/0D0R: • DROP MANHOLE: • SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE n) UNPAVED(2) >N0(2) '^OytJ^) VENTED(2) 80LTED(3) \) eRlCK(2) RBER(3) 0THER(4) 'GOOpit?!? FAjR(2)PQ0R(3) NEEDS ATTN.(4) GOO0(t^^SRg)^OOR(5) NEEDS ATTM.(4) INCHES AT BARREL T) UGHT(2) MEDIUM(3) H£AVY{4) \) UGHT(2) MBDIUM(3) HEAVY(4) \) UGHT(2) MEDIUM(3) HEAVY(4) N( MATERIAL. mi) MED1UM(3) HEAVY(4) YES(iy1Tofj/(iF YES DRAW ON CROSS SECTION) b o Info Tool Attribute Details For Sewer Access Hole 1 features found. Displaying 1 to 1 c Attribute Value Objectid 2487 Facilltyid SWAH3000 Unitid 410^ 1 Gridnumber 41D Dwgnumber 232-2 Dwgsheet 2 Projectnumber CT 81-5 Cmwdno 83-208 Dwgsigndate 4/10/1984 12:00:00 AM IDwgasbuiltdate 5/15/1985 12:00:00 AM Acceptancedate 2/22/2222 12:00:00 AM Estinstalldate 2/22/2222 12:00:00 AM Ownedby CBD Maintainedby CBD Status ACT Unittype STDAH Cleaningfi-equency ANN Cleaningzone WW21 Invertelevationin 58.73 Inverteievationcenter 56.68 Invertelevationout 56.63 Manholediameter 4 Rimelevation 65.00 Deptii 8.32 Numberofiniets 1 Numberofoutiets 0 Coating None Linetype G Pipeclass COL Inspectionstatus Inspectiondate 2/22/2222 12:00:00 AM Condition Unknown Cleanlngneeded Unknown Interceptorsystem NB Structuretype 1 Monitortype NONE Modifiedby dudek Modifieddate 3/25/2003 12:00:00 AM Createby dudek Createdate 3/25/2003 12:00:00 AM Notes District CBD Quadrant SW Streetid 1222 Streetsegmentid 926.00 Issynchansen No Comptype 22 Compkey 174827 Liflzone Ancillaryrole Rotation Enabled Primaryimage {C42B73D7-BC23-42AA-Globalid {C42B73D7-BC23-42AA- o Titt^7/<H..m«n02v/atlasMaDsAVebnaees/Info/Mo.aspx?XMm=588.0000000001668&YMI^ 3/13/2012 APPENDIX F RECORD DRAWINGS Contract No. 5503-6 1 ! HOTB- TO «I>j«TlHCi eoMSTIMJCnOK CAUTION •• EL CAMilNiO E<=>TATee PM«T. 12'v.«,T»(^,-estnc HMiH rweBURt lo VUATIUB run. Liue. a^fJ ovtep pinsuHe CO PWUK^ WH-fllT COMI>cr MR. waieLMCiMr — — •BHCM MAKK: Ml. WLY n«OM ftiAMAR -NIMWW J.H EPW^f<PS CO. •"!"||CiTY OF CARLSBAD \\*^* PLAMS A*IP PlWlLE OF Sew/EI^ IM EV- CAMIMO REAU GAf?Lse»«sP TRACT N£ BA-Vl CITY tNllNtCK 9'il-Bt CO/VaT/fOCT/O/J AfOTSS Q CoumiKT AC. ftnoMei/r i/poaatM. 'AC evtn -At @— em/sr*t/cT itc£. cota AUO aarrai, n-fe -a- Me sm owa. ® auartcier eeaa aarrai pse sm owa. as-a <•-•• (a)— ootantacT nmsttcMAia JBAMP rat an>. on/a. a-a @ xautnoeT ace. caaa ua.r f*a tra *v, fcx @— ceuareucT *• aex. sictuuLK />et am a-7 @—-— wmu srteeT aaar aeauM ttaee umet ft* am aa-a @— aojotr axiar. Mjt. ra axAoe CC/gVe MTA o L T aeao-sa-ea-aaa7' »•««•«• taaaoe' aa-Tf aiiaa' ovea'it' aaa.ov seaa' atn • aaaa-m.v • •i ® io'u-oa" itsaco-«B».J7' //• teaa.ee' aae.aa* itaaa' ® efa-av ttae.oa' ««• taw If itaoM-aacaa' sew iM.aa' atja- itaa.eo' O @ eetaraaer taouteoo . @— tMTAu. ae-tae-aop MM ai u 11 •patT w/araetT mtie MIM @ amraucr a-np etnet MMM pta am. aw* 4-« eoAaraoer ara MM pea arc OPta ^/ @ ceuaraacr «• MMW lArtaAi. pee am oma. a'la ®— oatmmiera'a/rpt.MrjiiftmAaraMjeitaerziMieL g) amsraucr ifAcp ajiaa am tixrea MAIM , S)— taMaraaer itr aere uavfa a) ra. fta x rr pea cajama ara.Mi.ate •ceMerauer a-ane mra a/za naxar pea e**».<«a tTO.Mii.au. @— eemtiKT ir naa proaAin AastMacr pee ceMtta era tM.a4e @ tpMareaer a'narree aeawea pea caM.mo. era me _ <^— couaraaer auo eap: M/TA Pea caai.ma ara ma @-—— teMaraaer le-xie-iwe arxPta a/za pea caMwa ara ma @—OMeraticr ifxie-tif m rrxptaxru wfra p§a camita era m.t — eeMSraaer If //j»> AMO arxpta a/za pee cXMUta era ma £)— apMreuer if xif.xe'Tea naxnaxnaw/za pea taM.wa ara ma @ eeimeucTt'akAaatMacy pee cjutwa era m. le coMsraaer-lo'Ptp eiaea lao («)-—— maraaer if tne mra naxpu wiza pea caMma ara mat* @— asaaemaiTTiaamei f «r »r« tea xeiuer. wr. aiwasg<ng/<g.»' ^K——MmrntrirMmrrae ABMerxn^ H/iai/at£ueMaa>9mAei* aoA0rMj>ra''Mi^i!Z. tea jaoxKfxaaaaaaV r^y^— mMTB£Krie'»ie'.^aTea^ar.tm:*n..v/r.e.paa.eia.iawe,mMfa.-.~s:. . . 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CLpas lee 'aaixa miN. —<mmera-aK/e..,Aori<!''ratjw£MeMCasjaABt X.<^9— ceMsrauer le-aep eoue ao pee eeM.Ka sraa ^ r2i^ f aare KUMC oarer IMCTU pee eetewa ara m /< CBMSreiACT a-aATS nAcye atxer MC T* pee CAMWO. ara Mtaia IS»-—— courraucr Pies HroeAtrr AaeeMecr pee etAiwa sra Mra)a ^te>— eoaaTeaer a-iTArae aeevtea /ai eaMma ara are "'^'^ le-xie-xa- na erxerxeu lae. za act eaMma am «•« ISC^ 'x-xie-xa- Tea xaxnax/u/Mc. ta pee eettma ara m is Qj>— eeaajauer e-aAte VAUK nat.na turn auMO Pta pee aramaie gy— eiwwejcT iimojoi* *«« MAiPMirwr.. OAMMB. »w->wip ^—taMmaxramiaa'jr/rapier.^Miitia.araAeta "AS-BUILT" 7^^'- PHitiP a BUCCOtA /t.C£. errae aar£ xaaiar \Miea'\ acaaPAae jKmaratim' PtAMe maePAaeo iBUDCDLA "WM-^l ""TirCITY OF CARLSBAD ri"»l IMPROVEMENT PLANS FOR: AVemOA MNCINAS Ft. 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LOCATriOM MM* 7 ikif HE. .ntii CITY msiWER am ^^a/lkSr^aemf^ DATf aeiemrrioN REVISIONS WD fSftSS,—Sii^—jl'MJ'ST wo. II M*mi»N«. DfiWff NO. S-<p4. I ^ \ \ \ • /\\ 4'ArSiW Ziiatvi." • \. ~ \ \ A \ A \ \ ^ aa- -eo i OttiT /t-ACPI CONSrattcr a-nep eawee MAIN pee sro. owe. a-a gp— eoMsTeacT era MH pee ara otra a-i eeMone exierwa le-vcp sraa i MM exierwa «.« %—OaimAtaj/gypgatr-ygSifi^ 7^ 1 V (r N ^^»Mi.aatf.piaiaiiav>mK^pfx A \ ^^'aataawvamtf.afsi "AS-BUILT" j™ 4^ IBXOiA BSEjVEEFBNatn IMPROVEMENT -pLANS FOR: CABLOBAO TBACr NtBhS eFF-sire twe i4 •STORH OIUW