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Blue Pacific Engineering and Construction; 2015-11-02; PWS16-19TRAN
\(j RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2016-0209567 IIIII/IIIII/ llllllllllllllllllllllllllllllllllllllllllllllllll llllllll May 03, 2016 04:30 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee . 5. A work or improvement on the property hereinafter described was completed on Mar. 7, 2016. 6. The name of the contractor for such work or improvement is Blue Pacific Engineering & Construction. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 6607, CMP Replacement , Program (La Gran Via). 8. The street address of said property is on La Gran Via in the City of Carlsbad. ~~ ~ngi ·er VERIFICATION OF CITY CLERK I, the undersigned, say: 1 am the City Clerk of the City of Carlsbad , 1200. Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ~~ ( 2 s-t:V\. I 20~, accepted the above described work as completed and ordered tha a Not1ce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ;:29-$« , 20_l_/:_, at Carlsbad, California. CITY OF CARLSBAD (g~Jy~c!:-, yl~ 'FAHBARA ENGLES& City Clerk CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No . 6607, CMP Replacement Program (La Gran Via), and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Storm Drain $89,110 DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Da'.te j CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By AOU_ s& Deputy City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 BID NO. PWS16-19TRAN Revised 3/6/15 ContracI No. 6607 Page 1 of 173 Pages TABLE OF CONTENTS NOTICE INVITING BIDS 5 CONTRACTOR'S PROPOSAL 9 BID SECURITY FORM • 15 BIDDER'S BOND TO ACCOMPANY PROPOSAL 16 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM 18 DESIGNATION OF SUBCONTRACTOR AND.AMOUNT OF SUBCONTRACTOR'S BID ITEMS....20 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 21 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION 22 BIDDER'S STATEMENT RE DEBARMENT 23 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD 24 NONCOLLUSION DECLARATION TO BE EXECUTED BY.BIDDER AND SUBMITTED WITH BID 26 CONTRACT PUBLIC WORKS 27 LABOR AND MATERIALS BOND 33 FAITHFUL PERFORMANCE/WARRANTY BOND 35 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 37 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS 40 1-3 ABBREVIATIONS 44 1-4 UNITS OF MEASURE 47 1- 5 SYMBOLS 49 SECTION 2 - SCOPE AND CONTROL OF WORK 2- 1 AWARD AND EXECUTION OF CONTRACT 49 2-2 ASSIGNMENT 49 2-3 SUBCONTRACTS 49 2-4 CONTRACT BONDS 50 2-5 PLANS AND SPECI FICATIONS 52 2-6 WORK TO BE DONE 55 2-7 SUBSURFACE DATA 55 2-8 RIGHT-OF-WAY 56 2-9 SURVEYING 56 Revised 3/6/15 Contract No. 6607 Page 2 of 173 Pages 2-10 AUTHORITY OF BOARD AND ENGINEER 60 2- 11 INSPECTION 61 SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR 61 3-2 CHANGES INITIATED BY THE AGENCY 61 3-3 EXTRA WORK 63 3-4 CHANGED CONDITIONS 65 3- 5 DISPUTED WORK 66 SECTION 4 - CONTROL OF MATERIALS 4- 1 MATERIALS AND WORKMANSHIP 69 4- 2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE 74 SECTION 5 - UTILITIES 5- 1 LOCATION 74 5-2 PROTECTION 75 5-3 REMOVAL 76 5-4 RELOCATION 76 5-5 DELAYS 77 5- 6 COOPERATION 77 SECTION 6 - PROSECUTION, PROGRESS,.AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 77 6-2 PROSECUTION OF WORK 78 6-3 SUSPENSION OF WORK. 79 6-4 DEFAULT BY CONTRACTOR 79 6-5 TERMINATION OF CONTRACT 80 6-6 DELAYS AND EXTENSIONS OF TIME 80 6-7 TIME OF COMPLETION 81 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 82 6-9 LIQUIDATED DAMAGES 83 6- 10 USE OF IMPROVEMENT DURING CONSTRUCTION 83 SECTION 7 - RESPONSIBIUTIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES 83 7-2 LABOR 63 7-3 LIABILITY INSURANCE 84 7-4 WORKERS' COMPENSATION INSURANCE 84 7-5 PERMITS 84 7-6 THE CONTRACTOR'S REPRESENTATIVE 85 7-7 COOPERATION AND COLLATERAL WORK 85 7-8 PROJECT SITE MAINTENANCE 86 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 88 7-10 PUBLIC CONVENIENCE AND SAFETY 88 7-11 PATENT FEES OR ROYALTIES 95 7-12 ADVERTISING 95 7-13 LAWS TO BE OBSERVED 95 7- 14 ANTITRUST CLAIMS 95 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8- 1 GENERAL 95 Revised 3/6/15 Contract No. 6607 Page 3 of 173 Pages SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 96 9-2 LUMP SUM WORK 96 W 9-3 PAYMENT 96 9-4 BID ITEMS 100 SUPPLEMENTAL PROVISIONS SECTION 200 - ROCK MATERIALS 200- 1 ROCK PRODUCTS 104 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201- 1 PORTLAND CEMENT CONCRETE 105 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 105 SECTION 207-PIPE 207-25 HIGH DENSITY POLYETHYLENE PE 3408 PIPE 107 207-26 UNDERGROUND UTILITY MARKING TAPE 108 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212- 1 LANDSCAPE MATERIALS 109 SECTION 213 - ENGINEERING FABRICS 213- 2 GEOTEXTILES 112 213-3 EROSION CONTROL SPECIALTIES 113 SECTION 215- FENCING 215-1 ENVIRONMENTAL FENCING 113 SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 114 300-2 UNCLASSIFIED EXCAVATION 114 300-3 STRUCTURE EXCAVATION AND BACKFILL 116 300-4 UNCLASSIFIED FILL 116 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL 117 300-13 STORM WATER POLLUTION PREVENTION PLAN ....118 SECTION 306 - OPEN TRENCH CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 121 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES 121 SECTION 800 - MATERIALS 801 -2 EARTHWORK AND TOP SOIL PLACEMENT 122 801-3 SEED 123 801-4 PLANTING 124 801 -6 MAINTENANCE AND PLANT ESTABLISHMENT 125 TECHNICAL SPECIFICATIONS Bonded Fiber Matrix 126 Revised 3/6/15 Contract No. 660Z Page 4 of 173 Pages CITY OF CARLSBAD, CALIFORNIA NOTiCE INVITING BIDS Until 2:00 pm on September 15, 2015, the City shall accept sealed bids, cleariy marked as such, at the Faraday Center, 1635 Faraday Avenue, Carisbad, 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: installation to a storm drain cleanout, storm water energy dissipater, 40 linear feet HDPE storm drain pipeline, grading and erosion control. CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 BID NO. PWS16-19TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREIMENTS 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 Carisbad 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 Carisbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carisbad 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 Carisbad on file with the Public Works Department. The specifications for the work include City of Carisbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid openinq and the supplements thereto as published bv the "Greenboolc" Committee of Public Worics Standards 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 Carisbad encourages the participation of minority and women-owned businesses. The City of Carisbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 3/6/15 Contract No. 660Z Page 5 of 173 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) 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 seventy thousand dollars $70.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed In accordance with California law. Where federal funds are involved the contractor shall be properiy licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class A - General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% 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, Carisbad, California 92008-7314, for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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 Revised 3/6/15 Contract No. 6607 Page 6 Of 173 Pages 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 ofthe 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 Carisbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office ofthe City Engineer. The Contractorto whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, ofthe Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of ali addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. ^¥ Revised 3/6/15 Contract No. 6607 Page 7 of 173 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful perfonnance 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 ternis 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 ofthe amount ofthe bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, ofthe unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 ofthe Insurance Code, within 10 calendar days ofthe 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 underthis 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 ofthe 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. Ifthe 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 Carisbad Business License for the duration of the contract. August 31. 2015 Date Deputy City C\erk V Revised 3/6/15 Contract No. 6607 Page 8 of 173 Pages CITY OF CARLSBAD CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACTNG. 6607 CONTRACTOR'S PROPOSAL City Council City of Carisbad 1200 Carlsbad Village Drive Carlsbad, California 92008 OPENED, WITNESSED AND RECORDED The undersigned declares he/she has carefully examirjed 9{l fecation of ffie'i^yrkT'read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to fumish all labor, materials, equipment, transportation, and sendees required to do all the work to complete Contract No. 6607 In accordance with the Plans, Specifications, General Provisions, Contract Doouments, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each Item compiete, to wit: SCHEDULE "A" STORM DRAIN IMPROVEMENTS Item No. Description A-1 Clearing and Grubbing at Fifteen Thosand Dollars Approximate Quantity And Unit LS Unit Price (Figures) 15,000.00 Total Amount (Figures) 15,000.00 $_ (Price in Words) A-2 Imported Borrow Material For 3.3 CY Compacted Fill at Three Thousand Nine Hundred Sixty Dollars (Unit Price in Words) A-3 Install 24" HDPE Storm Drain 40 LF pipeline at Eighteen Thousand Dollars (Unit Price in Words) 1,200.00 450.00 3,960.00 18,000.00 A-4 Install Modified Type "B" Cleanout per SDRS D-10 at Ten Thousand Dollars (Unit Price in Words) 1 EA 10,000.00 10,000.00 Revised 3/6/15 Contract No. 6607 Page 9 of 173 Pages Item No. A-5 Description Cutoff Wall at Six Thousand Dollars Approximate Quantity Unit Price And Unit (Figures) 2 EA $ 3.000.00 Total Amount (Rgures) $ 6.000.00 (Price In Words) A-6 Energy Dissipater (Complete) at Three Thousand Dollars 1 EA $ 3,000.00 3,000.00 (Unit Price in Words) A-7 Water Pollution Control at Three Thousand Dollars LS S 3,000.00 $ 3,000.00 (Price in Words) A-8 Hydroseeding with Bonded Fiber Matrix at Four Thousand Dollars LS $ 4,000.00 $ 4,000.00 (Price in Words) A-9 Shoring and Bracing at Two Thousand Dollars A-11 (Price in Words) A-10 Dewatering at One Thousand Dollars (Price In Words) Extra Work per Section 3-3 SSPWC at Five Thousand Dollars (Price In Words) A-12 Install and Maintain Environmental Fence at lOne Thousand One Hundred Fiftv Dollars (Price In Words) LS LS 115 LF 5 2,000.00 1,000.00 Stipulated $ 5.000.00 10.00 $ 2,000.00 1,000.00 $ 5.000.00 1,150.00 Revised 3/6/15 Contract No. 6607 PagelOof 173 Pages Approximate Item Quantity Unit Price Total Amount N£L Description And Unit (Figures) (Figures) A-13 Weed Eradication (2 LS $ 4.000.00 $ 4,000.00 treatments) at Four Thousand Dollars (Price in Words) A-14 120-Day Plant Establishment 4 Mo S 1,000.00 $ 4,000.00 Period (4 Months) at Four Thousand Dollars (Price in Words) A-15 Mobilization) at LS $ 10.000-OQ $ 10^000-00 Ten Thousand Dollars (Price in Words) A-16 Install Maintenance Road 1 LS $_J^000^ $ 5,000-00 Access Control Gate at Five Thousand Dollars (Price in Words) Total amount of bid in words for Schedule "A": Ninetv Five Thousand. One Hundred and Eleven Dollars Total amount of bid in numbers for Schedule "A": £95,110.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 and 2 has/have been received and is/are included in this proposal. The Undersigned has carefully checked ^1 of the above figures and understands that the City will not be responsible for any en-or 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 Carisbad, 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 ticensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 824455 classification A, B, C27, C8 which expires on 9/30/1^ and that this statement is true and con'ect 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 »*iere federal funds are involved, no bW submitted shall be Invalidated 0 Revised 3/6/15 Contract No. 6607 Page 11 of 173 Pages Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA-Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuantto Division 2, Part 7, Chapter 1 (commencing with section 1720 ofthe Califomia Labor Code.) Enfer at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: j Current Fiscal Year: 2016 PWC Registration Number: Contractor Legal Name: • Contractor License Lookup License Number: 1824455 | County: i Select County 'M Search Reset Search Results One registered contractor found. 1 Details Legal Name View BLUE PACIFIC ENGINEERING & CONSTRUCTION Registration County Number 1000003217 SAN DIEGO Export as: Excel | PDF City Registration Expiration Date Date SAN DIEGO 06/16/2015 06/30/2016 V2.20150806c About DIR Who we are DIR Divisions, Boarcis & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activles Public Records Act Learn More Site Map Frequently Asked Questions lobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright © 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 9/17/2015 'heck A License - License Detail - Contractors State License Board Page 1 of] Contractor's License Detail for License # 824455 DISCLAIMER: A license status check provides information taiten from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action Infbrmation. 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 Infbrmation that has not yet been entered onto the Board's license database. Business Infomiation BLUE PACIFIC ENGINEERING & CONSTRUCTION 7330 OPPORTUNITY RD #J SAN DIEGO, CA92111 Business Phone Number:(858) 956-1456 Entity Sole Ownership Issue Date 09/18/2003 Expire Date 09/30/2017 License Status \Th\s license is current and active. Ml information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR C27 - LANDSCAPING C-8 - CONCRETE CIO - ELECTRICAL Bonding Information Contractor's Bond ffhis licensel'ed a Contractor's Bond with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ^ond Nuinber: 103897030 bond Amount: $12,500 Effective Date: 01/01/2007 bontractor's Bond History Worl(ers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9048240 Effective Date: 03/01/2013 Expire Date: 03/01/2016 A/orkers' Compensation History ittps://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNuni=824455 9/17/201: by the failure ol the bidder to be licensed in accordance with Califomia law. However, at the time the contract is awarded, the contractor shall be properiy iicensed. The Undersigned t>idder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Cartsbad Is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder, that no representatbn, 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 colluskin or fraud. Accompanying this proposal is a Bid Bond for 10% (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bkJ. The Unders^ned is aware of the provisions of sectfon 3700 of the Labor Code which requires every emptoyer to be insured against liability for workers' compensation or to undertake self-insurance In accordance with the provistons of that code, and agrees to comply with such provisions before commencing the performance of the wori< 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 Contrad and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business Is conducted Blue l|cijric Eny ering & (Jcjnst (2) Signature (given and surname) of proprietor (3) Place of Business 7330 Opportunity Road, Suite J (Stieet and Number) City and State San Diego, CA (4) Zip Code 92111 Telephone No. 858-956-1456 (5) E-Mail selihu@bluepacificeng.com Revised 3/6/15 Contract No. 6607 Page 12 of 173 Pages IPA PARTNERSHIP. SIQN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted. (2). (Signature) (Title) (3) Incorporated under the laws of the State of. (4) Race of Business Impress Corporate Seal here (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL AGKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 3/6/15 Contract No. Jge07 Page 13 of 173 Pages List below names of president, vice president, secretary and assistant secretary, if a corporation; If a partnership, list names of all general pariners, and managing partners: Revised 3/6/15 Contract No. 6607 Page 14 of 173 Pages CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only fhe identity of fhe individual who signed fhe document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. } STATE OF CALIFORNIA COUNTY OF Q)^r\ T)\<a^ On S^ptA2il|Sef ore me, N\a\/p^^YA^ ¥^\0J) ^Notary PubHc/ Oate (here insert name and title ofthe ofEcer) personally appeared _ who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s^^are subscribed to ihe within instrument and acknowledged to me that!^/ahe/fhey executed fhe same in ^^s}her/their authorized capacity(ies), and fhat bj®?her/fheir si.gnature(s) on fhe instrument the person(s), or lhe entity upon behalf of which fhe person(s) acted, executed fhe instrument. I certify under PENALTY OF PERJURY under the laws of fhe State of Calif ornia fhat fhe foregoing paragraph is true and correct. WITNESS my hand and official seal. j ^ 'WAHUARITA AMINE Commission <f 20,7768 Notary Public. California san Diego County My Comm. F»n.>,. Signature OPTIONAL Description of Attached Document Tifle or Type of Document ^\\iy\/2JT^\)<^ Document Date: , Other: Number of Pages:. 2015 Apostille Semce. 707-992-5551 www.CalifQITliaApostiUe.US Caiifomia Mobile Notary Network www.CAMNK.cojn BID SECURITY FORM (Check to Accompany Bid) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 (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; othenwise, 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 othenwise 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 3/6/15 Contract No. 6607 Page 15 of 173 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 KNOW ALL PERSONS BY THESE PRESENTS: BLUE PACIFIC NORTH AMERICAN SPECIALTY That we, ENGINEERING & CONSTRUCTION . as Principal, and INSURANCE COMPANY as Surety are held and lirmly bound unto the City of Carlsbad, Califomia, in an amount as foltows; (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF GREATER AMOUNT BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of ths above- bounden Principal for: CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 in the Qty of Carisbad, is accepted by the City Council, and If the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the CHy Council of the City of Carisbad, being duly notified of said award, then this obligation shall become null and void; othenwise, it shall be and remain in full force and effect, and the amount specified herein ahall be forfeited to the said City. 0 Revised 3/6/15 Contract No. 6607 Page 16 of 173 Pages In the event Principal executed this bond as an IndivkJual, it is agreed that the death of Prindpal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 9TH day of. PRINCIPAL BLUE P, (name > By: P/\CIF1C ENGINEERING & CpNS 3 <k P incipal) I . 1 • (sign , 5HAHRAN feLlHU UCTION (print name here) (Title and Organization of Signatory) By:, (sign here) (print name here) (title and organization of signatory) SEPTEMBER 2015 Executed by SURETY this. of SEPTEMBER 9TH _.2015_ SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name ol Surety) 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 (address of Surety) 714/550-7799 (telephone number of Surety) By: -U^^X (signati^ of AttorneiMi JOHN G. MALONEY, ATTORREY-IN-FACT (printed name of Attomey-ln-Fact) day (Attach corporate resolution showing cun-ent power of attorney.) (Proper notarial acknowfedgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and sacretary or assistant secretary must sign for corporations. If only one officer signs, the corporatton 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: CEUA A. BREWER CityAttorney By: Assistant City Attomey Revised 3/6/16 Conlract No, 6607 Page 17 of 173 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of _ On 9/9/2015 SAN DIEGO Dafe personally appeared before me, MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer JOHN G. MALONEY Name(^ of Signer^) who proved to me on the basis of satisfactory evidence to be the person(^ whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(9), or the entity upon behalf of which the per8on(^ acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE MrBA^Uir ^ COMM # 2034911 v, SAN DIEGO COUNTY > NOTARY PUBLIC-CALIFORNIA Z MYCOMMISSIONEXPIRES y AUG. \^ WITNESS my hand and official seal. Signature. 7^ • Xt^x2 ^ Signature w Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fonv to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: JOHN G. MALONEY • Corporate Officer — Title(s): • Partner — • Limited • General • Individual Kl Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or ofher officer completing this certificate verifies only the identity of fhe individual who signed tihe document to which this certificate is attached, and not fhe truthfubiess, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY oF.^n } O£M^^20|S before me, MaV?]dV \ArA ^Notary Date (here insert name and title of the officer) personally appeared _ who proved to me on fhe basis of satisfactory evidence to be fhe person(s) whose name(s)^i^e subscribed to the within instrument and acknowledged to me that Qshe/they executed fhe same in<:£^/her/their authorized capacity(ies), and that by<fis^er/fheir signature(s) on the instrument the person(s), or fhe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under fhe laws of fhe Sfate of Calif ornia fhat tihe foregoing paragraph is true and correct. WITNESS my hand and official seal. A * ^ • • MARGARITA AMINE Commission # 2017768 Notary Public - California z San Diego County g My Comm. Expires Apr 5, 2017 | Signa '(Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: Number of Pages: 2015 Apostille .Sei-vice. 707-992-5551 www.CalifomiaApostille.US Califomia Mobile Notary Network www.CAMNN.com. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. lATAROLA JOINTLY OR SEVERALLY Its tme and lawful Attoraey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the FIFTY MILLION ($50,000,000.00) DOLLARS This Power ofAttomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 9"'of May, 2012: "RESOLVED, that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attomey named in the given Power ofAttomey to execute on behalfofthe Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ,•0" f \% By SEAL ;ol Steven p. Anderson, Senior vice President of Washington International Insurance Company 1973 ft/.^n S & Senior Vice President of North American Specialty Insurance Company By , David M. Layman, Vice President of Washington Intemational Insurance Company & Vice President ofNorth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of , 20J4_. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 9th day of May 20il_, before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and David M. Layman , Vice President of Washington Intemational Insurance Company and Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power ofAttomey as officers of and acknowledged said instmment to be the voluntary act and deed of their respective companies. > "OPROALSEAL" ' DONNA D. SKLENS ' Notaiy Public, State of Illinois ' My QjniBiiMionExpires 10W20I5 Donna D. Sklens, Notary Public I, Jeffrey Goldberg . the dulv elected Assistant Secretarv _of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certily that the above and foregoing is a true and correct copy of a Power ofAttomey given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in fiill force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of SEPTEMBER , 20 15 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company Company Profile Page 1 of2 CALIFORNIA DEPARTIVIENT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101-2524 Old Company Names Agent For Service NANCY FLORES 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 29874 California Company ID #: 3208-6 Date Authorized in California: 06/30/1989 License Status: UNLIMITED-NORlviAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE baclc to top NAIC Group List NAIC Group #: 0181 SWISS RE GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?ev... 9/17/2015 Company Profile Page 2 of 2 SPRINKLER SURETY WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?ev... 9/17/2015 Company Profile Page 1 of2 \ CALIFORNIA ! DEPARTMENT OF INSURAtJCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101-2524 Old Company Names Agent For Service NANCY FLORES 818 WEST SEVENTH STREET SUITE 930 LOSANGELES CA 90017 Reference Information Effective Date NAIC #: 29874 California Company ID #: 3208-5 Date Authorized in California: 06/30/1989 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE back to top NAIC Group List NAIC Group #: 0181 SWISS RE GRP Lines Of Business The company Is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGU\RY DISABILITY FIRE LIABILITY MARINE PLATE GU\SS https://interactive.web.msurance.ca.gov/companyprofile/companyprofile?ev... 9/17/2015 Company Profile Page 2 of 2 SPRINKLER SURETY WORKERS" COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?ev... 9/17/2015 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 Provistons to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor*, "Contract Price", "Contract Unit Price", "Engineef, "Own Organizatton", "Subcontractor", and "Work". Bidders are further urged to review secttons 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This fonn will be used by the Agency to detennine the percentage of worl< that the Bidder pr(H3oses to perfonn. Bidders are cautioned that failure to provide complete and correct [nformation 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 othenwise to be performed 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 Bkider. 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 Itoensed as a contractor by the State of Califomia whom the Bidder proposes to specially fabricate and install any portion d the work or improvement according to detailed drawings contained in the plans and speciftoations in excess of one-half of one percent (0.5%) of the Bidder's total bki or, in the case of bWs 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) whtohever is greater. Said name(s) and locatton(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designatton of Subcontractors form must be submitted as a part of the Bklder's sealed bid. Failure to orovkte complete and correct information mav result in relectfon of the bid as non-responsive. Suf^liers of materids from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outskle the limits of work, as shown on the plans, shatl be atis^ned 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 bkl item that is suppltod by the Bidder shdl be included as a part of the wori< that the BkJder proposes to be performed by the Subcontractor installing said W&n. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valto business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 1 CO percent of a bid item, the Bidder shall attach an explanation sheet to the DesignatkMi of Subcontractor fomn. 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 dedsion of the City Council shall be final. Revised 3/6/15 Contract No. 6607 Page 18 Of 173 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public wort<s project pursuant to Labor Code Sections 1771.1 or 1777.7. Btoders shall make any additional copies of the disclosure fonns as may be necessary to provide the required infonnatk>n. The page number and totai number of additional form pages shall be entered in the location provided on each type of form so dupltoated. 0 Revised 3/6/15 Contract No. ^07 Page 19 of 173 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bkJ for the Work and that the listed subcontractors will be used to peiform the portions of the Wori< as designated in this list in accordance with appitoabto provisions of the specif k:ations 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 periorm any portton of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bkl, or in the case of bkJs or offers for constmction of streets and highways, including brkiges, 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 aFH^roval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Ainount of Work by Subcontractor fn Doiiars* NONE Page _1 of _i pages of this Subcontractor Designation form Pursuant to section 4104 (a)[2)(A] CaKfomia Public Conti»:t Code, recdpt at the information preceded by an asterisk may be sutMnitted by the Bidder up u> 24 houis after the deadline for submMtng bids contained in the l^otice Inviting Bids.* 0 Revised 3/6/15 Contract No. 6607 Page 20 of 173 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 The BkJder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully perfomned and give references, with telephone numbers, whtoh will enabto the City to judge his/her responsibility, experience and skill. An attachment can be used. Dafe Contract 1 Completod Meme and Address of the Empldyer Name and Phone No. of Person to Contrect TypeofWork Amountof Contract 2013 City of San Diego Clementina Giordano 46th Street Slope 324,171.00 Work Performi !d in a Conservation Easei aent (619)533-3481 L-12-5025-DBB * Consulting f M" Palm Engineering 2013 City of Poway Melody Rocco Rattlesnake Canyon 289,932.09 Land in Ecoloj ical Preserve 858-668-4622 SEE OTHER I ROJECTS ATTACHED' )NNEXT SHEET Revised 3/6/15 Contract No. 6607 Page 21 of 173 Pages Blue Pacific Engineering & Construction List of Current & Past Projects w/in Last Five Years Year Type of Work Value of Work Perforined Location of Work Project Duration (Months) For Whom Performed and Phone Number to Contact for Verification 2011 Morena Boulevard Sidewalk $218,586.50 San Diego 3 City of SanDiego Nick Manansala, 858-495-4728 2011 Orange Avenue & 43'''" [PCC Flatwork! $88,441 City Heights 4 City of SanDiego Renato Schaffer, 2011 Bird Rock fConcrete Sea Wall) $137,938 San Diego 3 City of San Diego Jamal Hanna 858-627-3200 2011 Carmel Country Road (Medians] $68,700 San Diego 3 City of San Diego Igor Levin, 858-3200 2013 Del Mar Shores Accessway $966,666.33 Solana Beach 9 City of Solana Beach Dan Goldberg. 858-720-2474 2013 Drought Tolerant Landscaping Ph H $658,000 Grossmont College 5 Grossmont/Cuyamaca Community College District Don Kramer, 8S8-342-7S47 2013 Fuerte Drive Slope Repairs $400,127 La Mesa 3 County of San Diego Adolfo Cacho, 619-306-8165 2013 Harbinson Avenue Trafflc Calming $89,740 La Mesa 3 City of La Mesa Dirk Epperson, 619-667-1152 2013 Homontal Directional Drilling Sewer Line $465,200 Mesa College 3 San Diego Community College District Mike Clark, 858-569-0465 2013 Inlet Replacement Hillsview $25,200 El Cajon 1 City of El Cajon Duane Jackson, 619-441-1715 2013 K Street Pedestrian Improvements • $179,429 Encinitas 2 City of Encinitas Stephanie Kellar, 760-633-2839 2013 Marshall Middle School - Stairs & Rail $55,460.35 Marshall Middle School 2 San Diego Unified School District 2013 Montiel Park Enhancement $436,900 San Marcos 5 City of San Marcos Perryn White, 619-850-3851 2013 Pervious Concrete at 7* Avenue $12,384 Del Mar <1 Michael Tomer, 619-443-0753 2013 Wintergreen Drive Improvements (Concrete] $63,242 Carlsbad 3 City of Carlsbad Robert Slempa, 760-802-8779 2013 Raspy Grower Turnaround $115,786.76 Encinitas 2 City of Encinitas Stephanie Kellar, 760-633-2839 2013 Rattlesnake Creek Streambank StabiUzation [Landscape] $298,932.09 Poway 6 City of Poway Melody Rocco, 858-668-4622 2013 Sewer Rehabilitation $410,350 Chula Vista 5 City of Chula Vista Mike Schedline, 619-397-6000 2014 King Street Drainage Iraprovements $299,266 La Mesa 2 Cily of La Mesa, Dave Laslo, 619-667-1166 2014 Repair, Replacement and Construction of Curbs $226,970 San Diego 2 County of San Diego Hashem El-Bahsh, 619-306-8151 2014 Undergrounding Santa Fe Drive $914,277.90 Encinitas 3 City of Encinitas, Stephanie Kellar, 760-633-2839 2014 Bayshore Bikeway - Segment 4 $845,875 San Diego 5 SANDAG Mark Holt, 619-595-5394 2014 Annual Main Line Repairs by Microtunneling $590,400 Imperial Beach 4 City of Imperial Beach, Peter Lau, 619-628-1371 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 As a required part of the Bidder's proposal the Bkider must attach eittier of tfie following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: • Comprehensive General Liability sEE ATTACHED n Automobile Liability • Wori<ers Compensation • Employer's Liability 2) Statement with an insurance carrier's notarized signature stating ttiat the carrier can, and upon payment of fees and/or premiums by the Bidder, wiil issue to the Bidder Polictos of insurance for Comprehensive General Liability, Automobito Liability, Workers Compensation and Employer's Uability in conformance with the requiremente herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certiftoates of insurance and statements of willingness to issue insurance for auto policies offered to meet the speclftoatlon of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the Generai Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used In the perfomiance of the contract, used onsfte or offsite, whether owned, non-owned or hired, and whether scheduled or rwn-scheduled. Revised 3/6/15 Contract No. 6607 Page 22 of 173 Pages A^CORCf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/06/2015 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 certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 47 00 Spring Street 4th Floor La Hesa, CA 91942 CONTACT NAME: PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 47 00 Spring Street 4th Floor La Hesa, CA 91942 rA^g.lfo.Exn: 619-464-6851 \tSc.Ho\. 619-668-4715 PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 47 00 Spring Street 4th Floor La Hesa, CA 91942 ADDRESS: inf o@teagueins. com PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 47 00 Spring Street 4th Floor La Hesa, CA 91942 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Lie #0525512 1-619-464-6851 Teague Insurance Agency Inc. 47 00 Spring Street 4th Floor La Hesa, CA 91942 INSURERA LANDMARK AMER INS CO 33138 INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER B SENTINEL INS CO LTD 11000 INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER C SCOTTSDALE INS CO 41297 INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER D STATE COMPENSATION INS FUND 35076 INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER E INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 7330 Opportunity Road Ste J San Diego, CA 92111 INSURER F COVERAGES CERTIFICATE NUMBER: 45214635 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR wvn POLICY NUMBER POLICY EFF (MM/DD/YYYYl POLICY EXP (MM/DD/YYYYl GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE LHA138419 08/20/15 08/20/16 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) OCCUR Per Project Aggregate MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRODUCTS - COMP/OP AGG PRO-JECL. $ 1,000, 000 $ 50,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 AUTOMOBILE LIABILITY 72UECPE7854 04/19/15 04/19/16 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE XLS0097680 08/20/15 08/20/16 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary In NH) If yes. describe under DESCRIPTION OF OPERATIONS below 9048240 03/01/15 03/01/16 Y WC STATU-TORY LIMITS OTH-ER N/A E.L. EACH ACCIDENT 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT J1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: CMP Replacement Program (La Gran Via), Bid No. PWS16-19TRAN, Project No. 6607 The City of Carlsbad, its officials, employees and volunteers are included, when required by written contract, as additional insured for ongoing & completed operations with primary non-contributory wording with respects to the genera! liability and as additional insured with respects to the commercial auto, per attached forms. CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Workers Contract Administration evin Davis 635 Faradawy Avenue Carlsbad, CA 92008 \ ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRATiON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Vanessa 45214635 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy* 72UECPE7854 COMMERCIAL AUTOMOBILE HA 9916 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COIVIMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement mocjifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions ofthe Coverage Form, the provisions ofthis endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance underany other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.l. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.l. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.l. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Form HA 9916 0312 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Dedarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that anotiier person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS - OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory If Required by Contract Only with respect to insurance provided to an additional insured In 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance S.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitied to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence ofthis insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance S.d. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Form HA 99 16 03 12 © 2011, The Harti^ord (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION 11 - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION 111 - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" ofthe loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION 111 - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanentiy installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or Form HA 9916 0312 12011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section 111 - Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanentiy installed in or upon the covered "auto" in a housing, opening or other location that is not nonnally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, we will pay for tiie expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, tiie following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT.CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, ifyou are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage temtory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: Form HA 99 16 03 12 12011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages underthis Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS Is replaced by thefollowing: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of tiiese. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, ofthe "non-hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" forwhich Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 03 12 © 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with its permission.) Page 5 of 5 Policy Number: LHAI38419 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution ifrom any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE iName of Person or Organization: sAny person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to Iprovide insurance such as is afforded by this policy. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the "products-completed operations hazard". This endorsementeffective 8/20/2015 forms part of Policy Number LHAI38419 issued to Blue Pacific Engineering and Construction by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, AGORD revised the AGORD 25 Certificate of Insurance fonn. One of the major changes was the removal of the cancellation notice provision. Forthe following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsemenL For example, the insured can cancel immediately, so it would be impossible forthe insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • Forthe reason just cited, if our agency was to issue a certificate that provides the cancellation notice you requesL we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such^ the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the newforms are introduced. Beginning in September 2010, this is anotherreason we cannot use an older edition of the ACORD 25. Doing so would violate AGORD's licensing agreement and, as a copyrighted documenL federal copyright law. • Likewise^ we are unable to modify the new certificate to add a notice of cancellation. AGORD fomns are designed to be completed, not altered. ACORD's Fomns Instruction Guide says that a certificate should not be used "To waive rights...To quote wording from a contract . To quote any wording which amends a policy unless the policy itself has been amended." • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered AGORD fomns. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. We appreciate your understanding ofthe legal restrictions on our ability to fully comply with your request BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CMP REPLACEMiNT PBOGRAM (LA GRAN VIA) CONtRACt NO. 6607 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, wfiat was/were the name(s) of the agency(ies) and what was/were the perlod(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debanment BY CONTRACTOR: Blue P|cific Engineering & jcjon^truction By:_jJ (sign fiere) Shahram EHhu, Ovwier (print name/title) Page _J of _J_ pages of this Re Debarment form Revised 3/6/15 ContracI No. 6607 Page 23 of 173 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 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 Califomia Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation ot your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the WorK ever had their contractor's license suspended or revoked by the Calif ornia Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Wori< ever been stayed? X 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 _J of pages of this Disclosure of Discipline fomn Revised 3/6/15 Contract No. 6607 Page 24 of 173 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 6) If tf^ 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 violatbn that the disciplinary action pertains to, desCTibe the nature of the violation and the condrtion (if any) upon which the disciplinary action was stayed. N/A (If needed attach additional sheets to provide full disck}sure.) BY CONTRACTOR: Blue Pacj[fic Engineering & Cin (sigiVJiere Shahram Elihu, Ovvner (print nam^tltle) Page ^ of _1 pages of this Disclosure of Discipline fonn Revised 3/6/15 ConJrsMJl No. 8607 Page 25 of 173 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBUC CONTRACT CODE SECTION 7106 CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 The undersigned declares: g^^^ p^^.^^^ Engineering I am the Owner of & Construction^ ^^e party making the foregoing bid. The bid is not made in the interest of, oron behatf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not coilusive 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, communfcatk>n, 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 dhftilged information or data relative thereto, to any corporatkMi, partnership, company, associafion. organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paW, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporatkxi, partnership, joint venture, limited Itability company, iimited 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 peijury under the laws of the State of California tfiat the foregoing is true and correct and that this deciaratton Is executed on August, 17th , 2015 at San Dioeo [cityJ.Califomia [stati Signature of BhUer Revised 3/6/15 Contract No. 6607 Page 26 of 173 Pages CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completmg this certificate verifies only fhe identity of the individual who signed fhe document to which this certificate is attached, and not fhe truthfulness, accuracy, or vaHdity of ti:iat document. STATE OF CALIFORNIA COUNTY OF On-f^l^ n/25lSeforeme, Vy\r^^V-\V/t ftm\nj? PnUicp ^ (here insert name and title ofthe officer) _Notary Date personally appeared _ who proved to me on the basis of satisfactory evidence to be fhe person(s) whose name(s^/are subscribed to fhe within instrument and acknowledged to me fha^®she/fhey executed fhe same @/her/fheir authorized capacity(ies), and that b;jQs/her/their si.gnature(s) on fhe iristmment fhe person(s), or tihe entity upon behalf of which fhe person(s) acted, executed fhe instrument. I certif7 under PENALTY OF PERJURY under fhe laws of fhe Sfate of Calif ornia fhat fhe foregoing paragraph is true and correct. WITNESS my hand and official seal. MAHGARITA AMINE > Commission f 2017768 t Notary Public - Calilornia | J N^SSP' San Oiego County 2 • • u • , 5'<P'W Apf 5. 2017^ Signature: .(Seal) OPTIONAL Description of Attached Document Title or Type of Document: f^)(^ ^WSl^/k) ftf^ Number of Pages: Document Date: Ofher:, 2015 Apostille Service. 707-992-5551 www.CalifomiaApostilIe.Uii Califomia Mobile Notary Network wvw.CAMim£orn_ Ccityof Carlsbad Septembers, 2015 ADDENDUM NO. 1 RE: CMP REPLACEMENT PROGRAM (LA GRAN VIA) BID NO. PWS16-19TRAN, CONTRACT NO. 6607 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUIVI NO. 1 Bicraer's Signature Public Works Contract Administration 1635 Faraday Avenue | Carlsbad, CA 92008 | 760-602-46771 CITY OF CARLSBAD CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 Bid No. PWS16-19TRAN Addendum No. 1 From: Sherri Howard, Project Manager Phone: (760)602-2756 Sherri.Howard@cartsbadca.gov No. of Pages: 1 (including this page) Date: September 3, 2015 Bid Opening Date: September 15, 2015 - 2:00 pm (unchanged) NOTICE INVITING BIDS Page 6 after paragraph 1. Add the following after Item 10: Bidder's Statement of Technical Ability and Experience This project is located within an easement in a Hardline Habitat Management Preserve parcel in the City of Cartsbad and is located adjacent to protected wetland (riparian) habitat as shown on the project plans. Bidders Statement of Technical Ability and Experience must include examples of projects constructed within the last five (5) years within an ecological preserve, reserve, land covered by a conservation easement, NCCP protected land. California Department of Fish and Wildlife ecological preserve or within a Hardline Habitat Management Preserve parcel and adjacent to protected wetlands (ripanan) habitat. Bidder shall confirm that the Name and Phone Number of Person to Contact are current. Page 7, Delete Paragraph 7. Replace with the following: PRE BID MEETING A pre-bid meeting and tour of the project site will be held at the project site at 9:00 AM, Wednesday, September 9, 2015 at the project site. Interested bidders shall park on the cul-de- sac on Calina Way and meet at the top of the access road shown on Sheet 2 of the plan set. There wiil be a sign-in sheet. Page 7 after paragraph 7. Add the following: BIDDERS INQUIRIES Bidders' inquiries will be responded to in writing. Bidders' inquiries will be accepted until 5:00 pm, Wednesday, September 9,2015. Bidders inquiries are to be submitted in writing to Sherri.Howard@carl8badca.qov 1 Contract No. 6607 PWS16-19TRAN Addendum No. 1 ^'TY OF N^XARLSBAD Contract Administration www.carlsbadca.gov September 1, 2015 ADDENDUM NO. 2 RE: CMP REPLACEMENT PROGRAM (LA GRAN VIA), BID NO. PWS16-19TRAN Please include the attached addendum in the Notice to Bidder/Request for Bids for the above project. Drawings included with this addendum are onlv available on the Citv's web site at wvm.carlsbadca.aov Important Note: the bid opening and due date is changed to September 17. 2015. Submissions are due before 2:00 PM on this day. This addendum-receipt acknowledged-must be attached to your bid when your bid is submitted. KEVIN L DAVIS Sr. Contract Administer I ACKIVp\|yLEDGE RECEIPT C/fAADb^NDUM NO. 2 Bidder's Signature 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 ® CiTY OF CARLSBAD CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 Bid No. PWS16-19TRAN Addendum No. 2 From: Sherri Howard, Project Manager Phone: (760)602-2756 Sherri.Howard@carlsbadca.gov No. of Pages: 1 (including this page) and 5 plan sheets Date: September 8, 2015 Bid Opening Date: September 17, 2015 - 2:00 pm (new date) NOTICE INVITING BIDS Delete the first line and replace with the following: Until 2:00PM on September 17, 2015, the City shall accept sealed bids, clearly marked as such, at Page 7 after paragraph 7. Add the following: BIDDERS INQUIRIES Bidders' inquiries will be responded to in writing. Bidders' inquiries will be accepted until 12:00 pm, Friday, September 11, 2015. Bidders inquiries are to be submitted in writing to Sherri.Howard@carlsbadca.gov PLANS A full size set of DWG 471-20 comprised of 5 sheets has been included. Contract No. 6607 PWS16-19TF?AN Addendum No. 1 CONTRACT PUBLIC WORKS This agreement is made this day of fsfoL^c^h^ 20_/§" by and between the City of Carisbad, California, a municipal corporation, (hereinafter called "City"), and BLUE PACIFIC ENGINEERING & CONSTRUCTION whose principal place of business is 7330 Opportunity Road, #J, San Diego, CA 92111 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CIVIP REPLACEiVIENT PROGRAiVI (LA GRAN ViA) CONTRACT NO. 6607 (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 ^¥ Revised 3/6/15 Contract No. 6607 Page 27 of 175 Pages 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. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 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. /\ ^¥ Revised 3/6/15 Contract No. 6607 Page 28 of 175 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othenwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in 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: $2,000,000 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: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance ofthe 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 and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The 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 ofthe 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. ^¥ Revised 3/6/15 Contract No. 6607 Page 29 of 175 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified maii, 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 ofthe contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. ^¥ Revised 3/6/15 Contract No. 6607 Page 30 of 175 Pages (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 Carisbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. | I have read and understand all provisions of Section 11 above. _^ _ init 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, ofthe Labor Code. Ifthe 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 pursuantto 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 othenwise, any such provision is not inserted, or is not ¥ Revised 3/6/15 Contract No. 6607 Page 31 Of 175 Pages «3 correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: rt(narTie of Contractor) (\ By: (sign here) (print name and title) By: (sign here) CITY OF CARLSBAD a municipal corporation of therSlMe of California Matt I fall / Mayor K^v^^ ,M [EST: ^ (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney ^¥ Revised 3/6/15 Contract No. 6607 Page 32 of 175 Pages CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary pubEc or ofiier officer completing this certificate veriBes only fhe identity of fhe individual who signed file document to wHch fius certificate is attadied, and not fiie tirufirfulness, accuracy, or validity of fiiat document. . STATE OF CALIFORNIA IcouNTYOF ^\effi } i \nnrj:'^'^,m5 before me, \AayjXY\\rA ^Wie,^ jPublic, pg^jg (here insert name aad Me of fhe ofEcer) JNotary I personi ally appeared SWWnWtTi V\V\. who proved to me on fhe basia of satisfactory evidence to be the person(s) whose nwae(s)(^e subscribed to fhe within instrument and admowledged to me fhai(@/she/fhey executed fhe same ,@^er/fheir authorized capadty(ies), and fhat bj^her/fheic si.grmture(s) ontheinstrmnent fhe person(s), or fhe entity upon behalf of which fhe person(s) acted, executed fhe instrument. |l cerfify under PENALTY OF PERJURY under fhe laws of fhe State of CaHomia fhat fhe foregoing paragraph is true and correct. iwirNESS my hand and official seal' San n ^^lifornia Signature: -(Seal) OPTIONAL Description of Attached "Doaiment pTifle or Type of Document: Number of Pages:. i iDocument Date: Ofher: BOND NO. 2200147 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND IVIATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. N/A, adopted N/A, has awarded to Blue Pacific Engineering & Construction (hereinafter designated as the "Principal"), a Contract for CWIP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 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 Carisbad and all of which are inconaorated 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 friat if Principa! or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used In, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW THEREFORE, WE, BLUE PACIFIC ENGINEERiNG & CONSTRUCTION, as Principal, (hereinafter designated as the "Contractor''), .nd NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held fimily bound unto the City of Cartsbad in the sum of NINETY FIVE THOUSAND ONE HUNDRED ELEVEN Dollars ($95,111), said sum being an amount equal to: One hundred percent (100%) ofthe totai amount payable underthe temis 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 perfonnance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor perfonned under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Deveiopment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in Califomia Civil Code secfion 9100, so as to give a right of acfion to those persons ortheir 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 obiigations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terns of the contract or to the work or to the specifications. Revised 3/6/15 Contract No. 660Z Page 33 of 175 Pages In the event that Contractor is an individual, not exonerate the Surety from its obligations Executed by CONTRACTOR this 6TH day of OCTOBER 2015 . it is agreed that the death of any such Contractor shall underthis bond. Executed by SURETY this 6TH day of OCTOBER , 2015 CONTRACTOR: BLUE PACIFIC ENGINEERING & C©NSTRUj (sign here) (title and organization of signatory) By:. (sign here) SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 (address of Surety) By: , (telephonej^um^r of Su^t^ (signature of Attomey-ln-Fact) (print name here) MARK D. lATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea! empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey By: Assistant City Attorney Revised 3/6/15 Contract No. 6607 Page34of 175 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia Gounty of SAN DIEGO On 10/6/2015 before me,, Dafe personally appeared _ ) MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. lATAROLA Name(e) of Signer(^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(9) is/afe subscribed to the within instrument and acknowledged to me that he/she/thoy executed the same in his/heft'thetr authorized capacity(iee), and that by his/hor/thoir signaturefs) on the instrument the person(^, or the entity upon behalf of which the person(8) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 MICHELLE M. BASUIL COMM # 2034911 >> SAN DIEGO COUNTY > NOTARY PUBLIC-CALIFORNIA Z MYCOMMISSIONEXPIRES AUG. 24. 2017 |^ WITNESS my hand and official seal. Signature "^orA^j). h\. Q^JZ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name:, MARK D. lATAROLA Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual Kl Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws ofthe State of New Hampshire and having its principal office m the City of Schaumburg, Illinois, each does hereby malce, constitute and appoint; JOHN G. MALONEY. HELEN MALONEY, MICHELLE M. BASUIL, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or raay be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authonty shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS ^__„ This Power ofAttomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 9* of May, 2012: "RESOLVED that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attomey named in the given Power ofAttomey to execute on behalfofthe Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution ofany such Power of Attomey and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED that the signature of such officers and the seal ofthe Company may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power ofAttomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. ie; SEAL iSl 1973 *'%III1IW** By Steven P. Anderson, Senior Vice President of Wjshinpon Internation«l Insurance Company & Senior Vice President of North American Specialty Insurance Corapany li-- SEAL I By , . Michael A. Ito, Senior Vice Preslilent orWashinston Intemational insurance Company & Senior Vice President ofNorth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this i7th_day of September , 20i5_. North American Specialty Insurance Company Washington International Insurance Company State of Illinois ss" County of Cook On this iTth day of September , 20 15 , before me, a Notary Public personally appeared , Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally knovwi to me, who being by me duly swom, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFFICIAL SEAL MKENNY NOTARY PUBUC, STATE OF ILUNOIS I :MY COMMISSION smBES 12/04/20175 -I: M. Kenny, Notary PubUc I. Jeffrev Goldberg . the duly elected Assistant Secretarv r . . - . Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power ofAttomey given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of OCTOBER , 20 ' 5 . _of North American Specialty Insurance Company and Washington Jeffrey Goldberg, Vice Presideni & Assistant Secretary of Washington Inlemational Insurance Companj & Nonh American Spedalty insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notaiy pubEc or other ofEicer complefiag fMs certificate verifies only the identity of fhe individual who signed fhe documeat to wHch this certificate is attached, and not fhe truthfulness, accuracy, or vaEdiiy of fhat document. ^ ^— STATE OF CALIFOENIA COUNTYOF D\e^TD } On_OcM(^C_S^before me, iA^rVrnny \\a ^\njg > Public, _Notar7 Date personj (here insert name aad title of the ofEcer) ally appeared SVloK^^TX/n Q^\KU^ 'who proved to me on the basis of satisfactory evidence to be fhe person(s) whose najne(sXl/are subscribed to the within instrument and acknowledged to me fha©/she/fhey executed the same jQ^er/fheir authorized capadiy(ies), and that b^i^/her/iheir si.gnatm:e(s) on the instnjment ^ the person(s), or fhe entiiy upon behalf of which fhe person(s) acted, executed fhe instrument || |l certify under PENALTY OF PERJURY under fhe laws of fhe State of Calif ornia fhat fhe foregoing paragraph is true and correct WTTNESS my Iiand and official seal' Signature. description of Attached Document llTifle or Type of Document: f^T-Ponr^ CC Bt>l / Ntimber of Pages: I IDocument Date: Ofher: [[Lis Apostille .qR.-vif.e. 707-99?-5-?5l wwwglifnrniaApostii1fi-7is Califomia Mobile Notary Network unTW.CAMNN.£^ BOND NO, 2200147 PREMIUM: $2,378.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carisbad, State of Califomia, by Resolution No. N/A, adopted N/A, has awarded to Blue Pacific Engineering & Construction, (hereinafter designated as the "Principal"), a Contract for CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in tine Office of the City Clerl< ofthe C'rty of Carlsbad, all ofwhich are incorporated herein by this reference. WHEREAS, Principai has executed or is about to execute said Contract and the terms thereof require the fumishtng of a bond for the faithful performance and wan'anty of said Contract; NOW THEREFORE. WE, BLUE PACIFIC ENGiNEERING & CONSTRUCTION, as Principai, {hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of NINETY FIVE THOUSAND ONE HUNDRED ELEVEN Dollars {$95,111), said sum being equal to one hundred percent (100%) ofthe estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; forwhich 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, administratore, 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 l<ept and performed at the ttme and in the manner therein specified, and in ail 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 nul! and void; othenMse it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the faoe amount specified therefore, there shall be Included costs and reasonable expenses and fees, including reasonabie attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contrad, or to the work to be performed there under or the specifications accompanying the same shali 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. Revteed 3/6/15 Contraot No. mi P^se 35 of 175 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shal! not exonerate the Surety from its obligations underthis bond, Executed by CONTRACTOR this 6TH day of OCTOBER 2015 CONTRACTOR: BLUE PACIFIC ENGINEERING & CONSTRUCTKj (sign here) (primname here) (Title and Organization of Signatory) Executed by SURETY this. Day of OCTOBER 6TH SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 (address of Surety) 714/550-7799 (telephone number of Surety) Bv: Af^d' (signature of Attorney-in-Fact) By: (sign here) MARK D. lATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (print name here) (Attach corporate resoiution showing cunrent power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resoiution certifled by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: _!^Uc^4llJJA^ iGcistafit City Attorney ^¥ Revised 3/6/15 Contract No. MQZ Page 36 of 175 Pages CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of SAN DIEGO On 10/6/2015 Dafe personally appeared before me,. MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. lATAROLA Name(e) of Signer^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(9) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heftthetr authorized capacity(M, and that by his/hor/thoir signaturefa) on the instrument the person(^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHELLE M. BASUIL ( COMM # 2034911 ^ SAN DIEGO COUNTY > NOTARY PUBLIC-CAUFORNIAZ < MY COMMISSION EXPIRES ^ 1^ i^V^ WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Capaoity(ies) Claimed by Signer(s) Signer's Name: MARK D, lATAROLA Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual Kl Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ^ • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws ofthe State of New Hampshire and having its pnncipal office m the City ot Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G, MALONEY, HELEN MALONEY, MICHELLE M, BASUIL, . and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawfiil Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other wntmgs obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or may be required or permitted by law regulation contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authonty shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power ofAttomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held onthe 9"^ of May, 2012: "RESOLVED that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretaiy or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attomey named in the given Power ofAttomey to execute on behalfofthe Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution ofany such Power ofAttomey and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal ofthe Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power ofAttomey or certificate bearing such facsimile signatures or facs.mi e sea shall be binding upon the Company when so affixed and in the Mure with regard to any bond, undertaking or contract of surety to which it is attached. 11/' SEAL • o = By ^ . Steven P. Anderson, Senior Vice President of Washington lntern»tional Insurance Company & Senior Vice President of Nortli American Specialty Insurance Company By / I /-^ i I Michael A, Ito, Senior Vice President ofVVasliinston International Insurance company & Senior Vice President ofNorth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this i7th_day of ^eptemoer , iu , North American Specialty Insurance Company Washington International Insurance Company State of Illinois ss" County of Cook On this iTth day of September , 20jl, before me, a Notary Public personally appeared Steven P, Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company and Michael A Ito, Senior Vice President of Washington Intemational Insurance Company and Senior Vice President ofNorth Amencan Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power ofAttomey as officers of and acknowledged said instmment to be the voluntary act and deed of their respective companies. OFFICIALSEAL MKENNY NOTARY PUBUC, STATE OF lUJNaS MY COMMISSION BfflRES XWrnn M. Kenny, Notary Public T Teffrev Goldbere the dulv elected Assistant Secretarv m iiuiu,/ri.w.viu. —v...^ r- - ..v, ^i. IntematiLallnsuranc; Company, do hereby certify that the above and foregoing is a true and conect copy of a Power of Attomey given by sa.d North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and ettect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of OCTOBER , 20 15 . _of North American Specialty Insurance Company and Washington Jeffrey Goldberg, Vice President & Assistanl Secretary of Washington Intemational Insurance Company & North Amencan Specialty Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Anotaiy pubfic oi other ofScer completiagtMs cei±cficateveiiaesonlyfheidmfityof fhemfi^^ signed fhe document to wHdi fhis certificate is attached, and not fhe trufhfidness, accnracy, or vaHdify of fhat document. ^ — STATE OF CALIFORNIA COUNTY OF V\^QO ] i On r)(^)CPY^Mhhe£oxe me, ^aV^aY\\Q pVTn\ 0^ jpubHc, jjgj^ (here iaseit name and tifle ofthe ofEcer) _Notaiy TO erson any appeared P^\Yl)nYaJX^ who proved to me on the basis of satisfactorjr evidence to be the person(s) whose name(s)Clb/are subscribed to the within instmment and aclmowledged to me fhat S^she/fhey executed the same inl^er/fheir authorized capadty(ies), and fhat b3®/her/tihdr si.gnatme(s) on fhe instrument I fhe person(s), or fhe entiiy upon behalf of which fhe person(s) acted, executed fhe instrument. II certify under PENALTY OF PERJUE.Y under the laws of fhe State of California fhat fhe foregoing paragraph is tme and correct. WTTNESS my band and offidal seal' I MARGARITA AMINE Comn, ;;sion # 2017768 Notary Public - California 1 y San Diego County * My Comrn. Expires Apr 5. 2017 ^ Signatuci (Seal) OPTIONAL description of Attached "Document llxifle or Type of Document l (2^r\f j^^TKAO Number of Pages:. liDocixment Date: Ofher: |LT.5 Arnstille R»i-vi^.f^- 707-992--;';^ 1 www.CaIifnrm-aApn.stille.n.S CalifomiaMobilBNotniyN-etyvoi^ vmMCAMm£mL_ 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 section 22300 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 CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of V the retention eamings 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 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 othenwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account Revised 3/6/15 Contract No. 66QZ Page 37 Of 173 Pages only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name FINANCE DIRECTOR Signature. Address 1635 FaradayAvenue. 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 3/6/15 Contract No. 6607 Page 38 of 173 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 Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 3/6/15 Contract No. 6607 Page 39 of 173 Pages GENERAL PROVISIONS FOR CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 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 othenwise. 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 othenwise. 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 othenwise. 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 othenwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 11/24/10 Contract No. 6607 Page 40 of 173 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Govemment 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 infonnal 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 tlie Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Revised 11/24/10 Contract No. 6607 Paae 41 of 173 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 pennittee 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 othenwise specified. Engineering Manager, Construction Management & Inspection - The Construction Manager's immediate supen/isor 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 orthe Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 11/24/10 Contract No. 6607 Page 42 of 173 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 permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook'. Revised 11/24/10 Contract No. 6607 Pace 43 of 173 ^ 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 - Supen/ision, where used to indicate supen/ision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. Revised 11 /24/10 Contract No. 6607 Page 44 of 173 V 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cennent 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 California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regutations • 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 Abbreviation Word or Words 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 curia return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curiD EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized Revised 11/24/10 Contract No. 6607 Page 45 of 173 GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal ' LP Lamppost LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb retum 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 Pl 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 0 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 Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Stomi drain SDNR San Diego Northern Railway SDR Standard thennoplastic 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 Sl International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction Revised 11/24/10 Contract No. 6607 Page 46 of 173 SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground 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 Wori< Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Presen/ers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Undenwriters' 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.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Revised 11/24/10 Contract No. 6607 Page 47 of 173 Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customarv Unit (EqualTo) Si Unit /AbbreviatiorTiT (Abbreviations^ 1 mil (=0.001 in) 25.4 micrometer (nm) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1 -6093 kilometer (km) 1 square foot (ft^) 0.0929 square meter (m^) 1 square yard (yd^) 0.8361 square meter (m^) 1 cubic foot (ft3) 0.0283 cubic meter (m^) 1 cubic yard (yd^) 0.7646 cubic meter (m^) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm^/s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 X "0) + 32 ..... °C = TF - 32)/1.8 Si Units (abbreviation) Commonlv Used In Both Svstems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kllo(k) IO", centi (c) IO-2 milli (m) 10-^ micro (n) 10-« nano (n) 10"^ pico (p). 10-^2 Revised 11 /24/10 Contract No. 6607 Page 48 of 173 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds Number 3er or (between words) Degree Property line CL Centeriine SL Sun/ey line or station line 1 / o PL 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 infonnation: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." Revised 11/24/10 Contract No. 6607 Page 49 of 173 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 perfonn that portion itself, and shall perform that portion itself, except as othenwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment V, of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be perfonned by the Contractor with its own organization. "Specialty Items" will be identified bythe 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 approvai 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 shali be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Revised 11 /24/10 Contract No. 6607 Page 50 of 173 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 satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Revised 11/24/10 Contract No. 6607 Page 51 of 173 2-5 PLANS AND SPECIFICATIONS. v.- 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one (1) set. The first set is designated as City of Carisbad Drawing No. 471 -2C and consists of five (5) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carisbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. Revised 11/24/10 Contract No. 6607 Page 52 of 173 b) Carisbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittais. 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 othenwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shali be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal.had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letteriiead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. Revised 11/24/10 Contract No. 6607 Page 53 of 173 V When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:. Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Title Subfect 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10,12, 13,14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. Revised 11/24/10 Contract No. 6607 Page 54 of 173 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of confonnance 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 othenwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system, if resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) Ust 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 specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless othenwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibiiity to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 11/24/10 Contract No. 6607 Page 55 of 173 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and faciiities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent sun/ey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Sun/eyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent sun/ey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other sun/eying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional sen/ices required to satisfy the requirements of the Land Sun/eyors Act. Sun/eyor shall be resident on the site during all surveying operations and shall personally supen/ise and certify the sun/eying work. 2-9.2.1 Submittal of Surveying Data, All sun/eying data submittals shall confonn to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All sun/eying field notes, grade sheets and sun/ey calculations shall be submitted in bound fomn on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Sun/eyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of obsen/ation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Sun/eys Manual". The Contractor shall have a Record of Sun/ey prepared by the Sun/eyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Sun/eyor performs any sun/eying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent sun/ey monument. SDRS Revised 11 /24/10 Contract No. 6607 Page 56 of 173 drawing M-10 type monuments, bolts, spikes, leaded tacks and naiis (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property comers and street centeriines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field sun/eying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of sun/ey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Sun/ey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Sun/eyor. Habitat mitigation sites and other areas to be presen/ed that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description ® Centeriine or Parallel to Centeriine Spacing®, <S> Lateral Spacing (3), ® Setting Tolerance (Within) Street Centeriine SDRS M-10 Monument 51000', Street Intersections, Begin and end of curves, only when shown on the plans on street centeriine 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous at clearing line 1' Horizontal Slope RP + Mari<er Stake Intervisible and < 50' Grade Breaks &5 25' 0.1'Vertical & Horizontal Fence RP + Marker Stake < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' N/A (constant offset) 0.1' Horizontal Rough Grade Cuts or Fills > 10 m (33') RP + Marker Stake <50' N/A 0.1'Verticals Horizontal Final Grade (includes top of: Basement soil, subbase and base) RP + Marker Stake, Blue- top in grading area 5 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' <22' %" Horizontal & V4" Vertical Revised 11/24/10 Contract No. 6607 Page 57 of 173 Feature Staked stake Description ® Centeriine or Parallel to Centeriine Spacing®, ® Lateral Spacing <3>, <B> Setting Tolerance (Within) Asphalt Pavement Finish Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks %" Horizontal & V4" Vertical Drainage Structures, Pipes & similar Facilities®, ® RP + Marker Stake intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate 3/8" Horizontal & V4" Vertical Curb RP + Mari<er Stake < 25', BC & EC, at %A, VzA & ''A on curt) returns & at beqinninq & end (constant offset) VB" Horizontal & V4" Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate 3/8" Horizontal & V4" Vertical Junction Box ® RP + Marker Stake at each junction box location as appropriate 3/8" Horizontal & VV Vertical Conduit ® RP + Mari<er Stake < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade <. 0.30% as appropriate Horizontal & when depth cannot be measured from existing pavement V4" Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centeriine of box, ends of box & wings & at each end of the local depression © as appropriate 3/8" Horizontal & V4" Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake < 50' & along end slopes & conic transitions as appropriate 0.1'Verticals Horizontal Wall ® RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall heiqht as appropriate V4" Horizontal & V4" Vertical Major Structure ® Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & V4" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/8" Horizontal & V4" Vertical Miscellaneous <S> Contour Grading ® RP + Mari<er Stake <50' along contour line 0.1'Vertical & Horizontal Utilities ®, ® RP + Mariner Stake < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where qrade < 0.30% as appropriate 3/8" Horizontal & V4" Vertical Channels, Dikes & Ditches ® RP + Marker Stake intervisible & < 100', BC & EC of facilities, Grade breaks, Alignment breaks. Junctions, Inlets & similar facilities as appropriate 0.1'Horizontal &V4" Vertical Signs ® RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1'Verticals Horizontal V Revised 11/24/10 Contract No. 6607 Page 58 of 173 Feature Staked stake Description ® Centeriine or Parallel to Centeriine Spacing®, <B Lateral Spacing (3), <D Setting Tolerance (Within) Subsurface Drains ® RP + Marker Stake intervisible & < 50', BC & EC of facilities. Grade breaks, Alignment breaks. Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate O.r Horizontal &V4" Vertical Overside Drains ® RP + Mari<er Stake longitudinal location At beginning & end 0.1'Horizontal &V4" Vertical Mari<ers ® RP + Mari<er Stake for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At mari<er location(s) V4' Horizontal Railings & Barriers ® RP + Marker Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on curves when R < 1000' at railing & barrier location(s) 3/8" Horizontal & Vertical AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1'Horizontal & Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footlnqs & at invert as appropriate 3/8" Horizontal & V4" Vertical Pavement Markers® RP 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) V4" Horizontal ® _ and the accuracy requirements of the RP nieet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to sun/ive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table <3> Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade Information for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. @ The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Type of stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, alignments, etc. White/Red Vertical Control Bench mari<s White/Orange Clearinq Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, lighting, etc. Orange Flagging and marking cards, if used Revised 11/24/10 Contract No. 6607 Page 59 of 173 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the sun/ey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant sun/ey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of sun/ey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Sun/eying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shali be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inten/iews of Contractor's staff and the staff of ail subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's Revised 11/24/10 Contract No. 6607 Page 60 of 173 ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless othenwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency; 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the woric from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in confonnance 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 Revised 11/24/10 Contract No. 6607 Page 61 of 173 0 from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot 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 Revised 11 /24/10 Contract No. 6607 Page 62 of 173 for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of iabor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all Revised 11 /24/10 Contract No. 6607 Page 63 of 173 incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, sen/ices, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day Revised 11/24/10 Contract No. 6607 Page 64 of 173 may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class 111 disposal site in accordance with provisions of existing law. s««r The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure Revised 11/24/10 Contract No. 6607 Page 65 of 173 to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of sen/ice of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Govemment Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name:. The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed woric, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim. Revised 11 /24/10 Contract No. 6607 Page 66 of 173 V review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not othenwise 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. This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. V Revised 11/24/10 Contract No. 6607 Page 67 of 173 (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 ciaim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and Revised 11/24/10 Contract No. 6607 Page 68 of 173 shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable houriy rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Titie 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othenwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place Revised 11/24/10 Contract No. 6607 Page 69 of 173 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 presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material Revised 11/24/10 Contract No. 6607 Page 70 of 173 0 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 fonward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer ^^tM% when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. Revised 11/24/10 Contract No. 6607 Page 71 of 173 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall detemiine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers'shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, sen/ice, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in perfonnance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shali remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other Revised 11/24/10 Contract No. 6607 Page 72 of 173 operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als 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 credibie evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to ail test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless othenwise agreed, the committee will have 30 calendar days from its fonnation 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: Revised 11/24/10 Contract No. 6607 Page 73 of 173 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall 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 description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall 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 restoration of the storage site within the time allowed for the Work. All such storage shall confonn to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Woric. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Revised 11/24/10 Contract No. 6607 Page 74 of 173 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 sen/ice 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 Sen/ice Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the sen/ice function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility wiil be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Fumish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 0 Revised 11 /24/10 Contract No. 6607 Page 75 of 173 5-3 REMOVAL. Unless othenwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed bythe Engineer, the Contractor shall arrange for the relocation of sen/ice 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 sen/ice connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering sen/ice connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place sun/ey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenwise directed by the Engineer. Revised 11/24/10 Contract No. 6607 Page 76 of 173 W 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenwise provided herein and unless othenwise prohibited by pennits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Revised 11/24/10 Contract No. 6607 Page 77 of 173 v. 6-1.1.1 Construction Schedule. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per 2-5.3, procurement of materials and scheduling of equipment. Then construction schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencing construction, or if the scheduie fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. The Engineer may waive these requirements for work constructed under a permit. 6-1.2 Commencement of the Work. Unless othenwise specified in the Special Provisions, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The Work shall start within five (5) days thereafter, and be diligently prosecuted to completion within the Contract time. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for tennination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Construction Schedule within 15 working days of submittal. 6-1.3.6 Bar Chart. Each monthly update will include a bar chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Measurement and Payment. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion, if the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as Revised 11/24/10 Contract No. 6607 Page 78 of 173 V described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of Work. If work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be bome 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 no relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes construction of an excavation and staging area, installation of a cleanout, 40 linear feet HDPE storm drain pipe, two cut-off walls, an energy dissipater, excavation shoring and slope reestablishment, weed eradication and hydroseeding (construction activities). The 120- day plant establishment period wiil follow construction activities. Construction activities on site cannot be initiated until after September 15 to avoid the nesting bird season. All construction activities must be completed by February 1. Construction activities once initiated shall be completed within a 40 working day period. 6-2.3 Project Meetings. Due to the short duration of this project, there will not be fonnal project meetings. Tailgate meetings will be scheduled as needed. 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 immediateiy with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain Revised 11/24/10 Contract No. 6607 Page 79 of 173 W 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 cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be sen/ed upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perfonn the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be In addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. Revised 11/24/10 Contract No. 6607 Page 80 of 173 No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the ^ Agency or by any organization that the Agency may othenwise be obligated by. The Contractor ^3 shall provide continuing daily written notice to the Engineer, each working day, throughout the ^"""^^ duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supen/isor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Woric within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within sixtv (60) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, V Revised 11/24/10 Contract No. 6607 Page 81 of 173 '''••II*!'' 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the nonnal work force for cause as defined in Section 6-6.1. Unless othenwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be fumished 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. Othenwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Woric has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. Revised 11/24/10 Contract No. 6607 Page 82 of 173 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency 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 action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from fuli responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into sen/ice, except for any such injury to persons or property caused by any willful or negligent act or >«Hk 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 fumish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. Revised 11 /24/10 Contract No. 660Z Page 83 of 173 The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Woricers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits Revised 11 /24/10 Contract No. 6607 Page 84 of 173 necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are not required because the project is maintenance of an existing facility. The project is located within the Hardline Habitat Management Plan area and will require a biologist to monitor installation of construction fencing to ensure no impacts to the existing wetland area that is shown on the project plans. A biological monitor will visit the site to confirm work is being performed in accordance to the Biotechnical Report included in Appendix E of these contract documents. The Planning Division correspondence regarding the exemption is attached as Appendix "C". 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 ^0tt. Work site whenever work is in progress or whenever actions of the elements necessitate its '^J presence to take measures necessary to protect the Work, persons, or property. Any order or ^^""^ communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Revised 11 /24/10 Contract No. 6607 Page 85 of 173 Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to presen/e the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Revised 11/24/10 Contract No. 6607 Page 86 of 173 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 extemriination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A Tier 1 Storm Water Pollution Prevention Plan is required and attached as Appendix "B". 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. W Revised 11/24/10 Contract No. 6607 Page 87 of 173 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 protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as neariy the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless othenwise authorized, traffic shall be pennitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless othenwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been Revised 11 /24/10 Contract No. 6607 Page 88 of 173 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 collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. RESIDENT NOTIFICATION Seventy-two hours prior to the start of any construction within the drainage easement the ''j Contractor shall give written notification of the impending disruption. Residences whose backyards are adjacent to the open space parcel where the construction activities will occur shall be notified (2753, 2763 and 2773 La Gran Via, 7711,7721,7731, 7759, 7767 and 7768 Calina Way). The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional infonnation. One number shall be the Contractor's pennanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". Revised 11/24/10 Contract No. 6607 Page 89 of 173 For any staging of equipment or materials on La Gran Via or Calina Way, the Contractor shaii post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and waming devices and promptly remove them upon completion of the Work. After obtaining the Engineers approvai and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) Carisbad Fire Department Dispatch (760) 931 -2197 2) Carlsbad Police Department Dispatch (760) 931-2197 3) Carisbad Traffic Signals Maintenance (760) 602-2730 4) Carisbad Traffic Signals Operations (760) 602-2730 5) North County Transit District (760) 967-2828 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 1) through, and including, 6) above. Revised 11/24/10 Contract No. 6607 Page 90 of 173 The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that tfie Contractor fails to instail and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of _J Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be perfonned by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or Revised 11/24/10 Contract No. 6607 Page 91 of 173 equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' inten/als 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. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Unifonn Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as detennined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation orwith a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that 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 Revised 11 /24/10 Contract No. 6607 Page 92 of 173 submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, cun/e radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical cun/es must also be shown Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professionai engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. ^^W Revised 11/24/10 Contract No. 6607 Page 93 of 173 The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personai protective equipment 9. Rescue plan provisions The Contractor's submittai shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a perm it-requ ired confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. Revised 11 /24/10 Contract No. 6607 Page 94 of 173 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shali indemnify and field the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and jm Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A facility for agency personnel is not required. Revised 11 /24/10 Contract No. 6607 Page 95 of 173 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the inten/ening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for detennining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. Revised 11 /24/10 Contract No. 6607 Page 96 of 173 V The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. 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 ^gn the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date forthe 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. Revised 11/24/10 Contract No. 6607 Page 97 of 173 Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. Revised 11 /24/10 Contract No. 6607 Page 98 of 173 If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to detennine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or ^ contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid therefore in the bid schedule and shall not exceed five thousand dollars ($5,000) and includes full compensation for furnishing all insurance, bonds, Revised 11 /24/10 Contract No. 6607 Page 99 of 173 licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional forty percent (40%) of the amount bid for mobilization and preparatory work will be allowed therefore. After completion of punch list items related to the storm drain pipeline construction and receipt of the record drawings, an additional ten percent (10%) 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/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Clearing and Grubbing Including installation and Removal of Temporary Staging Area Pad (Bid item No. A-1). Lump Sum The contract lump sum price for this bid item shall constitute full compensation to remove and dispose of all materials. Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing Including Installation and Removal of Temporary Staging Area Pad and no additional payment will be made. Imported Borrow Material for Compacted Fill (Bid Item A-2). Cubic Yard The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentais, and for doing all the work involved in providing and importing borrow material for compacted fill, compacting and grading within the final grading area. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, pians and as directed by the Engineer. Revised 11 /24/10 Contract No. 6607 Page 100 of 173 Install 24" HDPE Storm Drain Pipeline (Bid Item A-3) Linear Foot. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment and incidental, including dewatering, excavation, assembly, placement of bedding, backfill and compaction including but not limited to installation of 24" storm drain pipeline, replacement, and disposal of excess materials for doing all the work involved in constructing the 24-inch HDPE stomn drain pipeline to the lines and grades shown in the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Construct Modified Type B Cleanout per SDRSD D-10 (Bid Item No. A-4) Each. The contract unit price paid for this bid item shall constitute full compensation to furnish and install a modified Type B Cleanout per the detail on the plans and San Diego Regional Standard Drawing D-10 in accordance with the plans and contract documents. This includes, but is not limited to, sun/eying, connections, excavation, shoring, forming, backfill, base material, compaction, sawcutting, connecting to existing RCP storm drain pipeline. Cutoff Wall (Bid Item No. A-5) Each. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidents, including excavation, rapid set concrete placement, backfill and compaction, and for protection of existing facilities and for doing all the work involved in providing and installing the cutoff wall per SDRDS WP-05 as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, pians and as directed by the Engineer. Energy Dissipater (Complete) (Bid Item A-6) Each. The contract unit price shall include full compensation for fumishing all labor, materials, tools, equipment, and incidentals, including excavation, sand slurry base, placement, backfill and compaction, shoring and bracing, concrete placement for structure and soil retaining wall, safety fencing and finishing and connection to new pipeline, and disposal of excess materials and for doing all the work involved in constructing the energy dissipater as shown on the contract drawings. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Water Pollution Control (Bid Item A-7) Lump Sum. The contract lump sum price shall include full compensation for preparation and acceptance of a Standard Form Tier 1 Storm Water Pollution Prevention Plan and furnishing all labor, materials, tools, equipment and incidentals, for water pollution prevention during construction activities, control, and monitoring and for doing all the work throughout the duration of construction activities to keep the project in compliance with all local, state and federal regulations. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Revised 11 /24/10 Contract No. 6607 Page 101 of 173 V Permanent Erosion Controi and Hydroseed with Bonded Fiber Matrix (Bid Item A-8) Lump Sum. The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for permanent erosion control including fiber rolls and hydroseeding and bonded fiber matrix after construction activities, control, and monitoring and for doing all the work after completion of construction activities to keep the project in.compliance with all local, state and federal regulations. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Sheeting, Shoring and Bracing (Bid Item A-9) Lump Sum. The contract lump sum price paid for this bid items hall constitute full compensation to furnish and install sheeting, shoring and bracing in conformance with CALOSHA, the plans and the contract documents. This includes all design, submittals, labor, materials, equipment, pennits and supen/ision and no additional compensation will be made therefore. Dewatering (Bid Item A-10) Lump Sum. The contract lump sum paid for dewatering shall include full compensation to furnish and maintain equipment and devices necessary to remove and maintain the project site free of groundwater in accordance with the contract documents. This includes, but is not limited to, furnishing all, labor, materials, tools, equipment, to dewater the pipeline trench during construction, prepare dewatering plan, pretreatment devices, control of water, approval processing, and no additional compensation will be allowed therefore. Extra Work per section 3-3 SSPWC (Bid Item A-11) Lump Sum. The contract stipulated lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work defined as Extra Work in Section 303 SSPWC. The contract stipulated lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, including disposal fees, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install, Maintain, Remove and Dispose of Environmental Fence (Bid Item A-12) Linear Feet. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for excavation, assembly, placements of environmental fence to delineate work zone as shown on the contract drawings. Contract unit price also includes all work to maintain fence during construction and the removal and disposal after construction completion. The contract unit price paid shall be considered full compensation for the initial fence installation, for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Contractor is responsible to maintain the environmental fence throughout the life. Contractor shall remove and dispose of environmental fence at completion of the project. Weed Eradication (Bid Item A-13) Lump Sum. The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for watering all areas to receive hydroseed for three weeks, spraying approved post emergent herbicide by a Qualified Applicator. After two (2) additional Revised 11/24/10 Contract No. 6607 Page 102 of 173 weeks, eradicated weeds in same manner prior to application of hydroseed and BFM. The contract lump sum price paid shall be considered full compensation for the weed eradication, furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the Generai Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. 120 Day Plant Establishment (Bid Item A-14) Month. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for establishing all areas to receive hydroseed. The contract unit price paid shall be considered full compensation for plant establishment for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Mobilization (Bid item A-15) Lump Sum. The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, for mobilization, preparatory work and demobilization for improvements per Section 9-3.4.1 of the General Provisions. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. Install Maintenance Road Access Control Gate (Bid Item A-16) Lump Sum. The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, including excavation, assembly, installation of footings, and disposal of excess materials and for doing all the work involved in constructing the access road /"""li gate as identified on the contract drawings. The contract lump sum price paid shall be considered \J full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications, plans and as directed by the Engineer. City will provide lock at end of project. Revised 11 /24/10 Contract No. 6607 Page 103 of 173 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(B). When permeable material is required and the class or kind is not specified. Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless othenwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes Percen Type A [age Passing Type B 50-mm (2") — 100 37.5-mm (IV2") — 95-100 19-mm eU") 100 50-100 12.5-mm (Va") 95-100 — 9.5-mm (%") 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-um (no. 200) 0-3 0-3 Revised 11/24/10 Contract No. 6607 Page 104 of 173 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passinq 25-mm (1") 100 19-mm (%") 90-100 9.5-mm (%") 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No.8) 18-33 600-um (No. 30) 5-15 300-um (No. 50) 0-7 75-um (no.200) 0-3 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3) PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundations and Sun/ey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201 -1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a V2" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not othenwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Revised 11/24/10 Contract No. 6607 Page 105 of 173 Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of sen/ice and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as othenwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag. Type 11. Acceptable Products: "Sonneborn NPH"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be prefonned, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot- melt rubberized asphalt shall be as per Table 201 -3.7(A). Revised 11/24/10 Contract No. 6607 Page 106 of 173 SECTION 207 - PIPE 207-25 HIGH DENSITY POLYETHYLENE PE 3408 PIPE. 207-25.1 General. This section designates the requirements for the manufacture and installation of polyethylene storm drain pipe (PE 3408), abbreviated HDPE, to be furnished and installed by the Contractor at the location and to the lines and grades shown on the Plans as herein specified for use as a storm drain. Pipe shall conform to ASTM D 3350, ASTM F 714, ASTM D 3261, ASTM 2837, and AWWA C906. 207-25.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2-5.3 Submittals. Submittals are require for the following: A. Submit Shop Drawings, material lists, manufacturer's literature and catalog cuts of, but not limited to the following: a. Shop Drawings b. Special Fitting c. Installation Procedures Shop Drawing shall be submitted and approved prior to manufacture of special fittings. B. Submit data used by the Contractor in manufacture and quality control. 207-25.3 Materials. ^^MI^ Polyethylene pipe shall be manufactured in accordance with ASTM F2736 and shall have a smooth interior and annular exterior corrugations. The manufacturer shall have quality control facilities capable of producing and assuring the quality of the pipe and fittings required by the reference standards and these specifications. Polyethylene pipe and fittings shall be supplied by the same manufacturer. Pipe and fittings from different manufacturers shall not be interchanged. Materials used for the manufacture of polyethylene pipe and fittings shall be impact modified copolymer in accordance with ASTM F2736 and shall be gasketed with bell and spigot joint meeting. Reinforced bell shall have polymer composite band installed by the manufacture. Fittings shall conform to ASTM F2736. Bell and spigot shall utilize a spun-on, welded or integral bell and spigot gaskets meeting ASTM F477. Bell and Spigot fittings joint shall meet the watertight joint performance requirements of ASTM D3212. Testing in the field shall be in accordance with ASTM F2487. The manufacturer's production facilities shall be open for inspection by the owner or his Authorized Representative. The manufacturer's inspection and testing shall comply with applicable ASTM standards. A list of the inspection certifications and test certifications shall be submitted prior to the shop drawing submittal for the HDPE pipe itself. In case of conflict with Manufacturer's certifications, the Contractor or, the Engineer, may request retesting by the manufacturer or have retests performed by an outside testing service. All failed retesting shall be paid for by the manufacturer. Revised 11/24/10 Contract No. 6607 Page 107 of 173 Add the following section: 207-26 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-26.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207- 25(A) and 207-25 (B). TABLE 207-26.1 (A) Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTMD882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturinq specifications Heat-set Mylex Messaqe repeat Manufacturinq specifications Every 500 mm(20") Foil Manufacturinq specifications Dead soft/annealed Top layer Manufacturinq specifications Virgin PET Bottom layer Manufacturinq specifications Virqin LDPE Adhesives Manufacturinq specifications >30 percent, solid 1.5#/R Bond strength Boilina HPO at 100 deqrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-26.1 (B) Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-26.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. Revised 11/24/10 Contract No. 6607 Page 108 of 173 A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Sen/ices Administration, Washington, DC, Public Buildings Sen/ice Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer, add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. '^^^ Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1(A) through 212-1-2-5-3(A 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type IA Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(B): V Revised 11/24/10 Contract No. 6607 Page 109 of 173 Table 212-1.2.4(B) SOIL AMENDMENT PROPERTIES Property Minimum Maximum Dry Weight Nitrogen (1) (1) Dry Weiqht Passinq 25 mm (1") Sieve 100% 100% Dry Weiqht Passinq #4 Sieve 95% 100% Dry Weiqht Passing #16 Sieve 45% 65% Dry Weiqht Passinq #30 Sieve 30% 40% Dry Weiqht Passinq #50 Sieve 0% 10% Dry Weight Passinq #100 Sieve 0% 2% Salinity (1) (1) Iron ( Dilute acid soluble on dry weight basis) 0.08% — Ash (dry weiqht basis) 0% 6.0% DH 6.0 7.0 Wettability (1) (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.1 (A) Table 212-1.2.5.1 (A) Component Application Rate grams per sq. meter (pounds per acre) Virqin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (16-20-0) Ammonium 35 (300) Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Aqent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb Revised 11/24/10 Contract No. 6607 Page 110 of 173 Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaS04 H2O) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the foilowing section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shal! be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, asan "auxiliary soil chemical". Stabilizing emulsion shali be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the ^m^. quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas shall consist of no less than the seed varieties shown in Table 212-1.3.1 (A). V ^^^^ Revised 11/24/10 Contract No. 6607 Page 111 of 173 c Table 212-1.3.1 (A) SEED FOR DISTURBED AREAS Seed Variety Rose Clover Festuca Megalura, Zorro Fescue Eschscholzia Californica Achillea Millefolia Alyssum (Carpet Of Snow) Dimorpholeca (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. c 213-2 SECTION 213 - ENGINEERING FABRICS GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1(A) Table 213-2.1 (A) Application of Geotextile Type Designation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainage atthe Interface of Soil Structures N/A Drainage atthe Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (V* Ton) 180N Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (!4 Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing 90WS Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS Revised 11/24/10 Contract No. 6607 Page 112 of 173 Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be buriap type, filled with no less than 23kg (50 lbs) of 19 mm (%") crushed rock and securely tied closed. Plastic bags are not acceptable. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Revised 11/24/10 Contract No. 6607 Paae 113 of 173 '"'^ PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and fiiiing areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. Revised 11 /24/10 Contract No. 6607 Page 114 of 173 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered othenwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless "^J it is considered othenwise unsuitable by the Engineer, in which case it will be paid for in ^"""^ accordance with Subsection 300-2.2.1. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, wiil be allowed for hauling material on public streets. 300-2.9 Payment, add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable! shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the Revised 11/24/10 Contract No. 6607 Page 115 of 173 grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure Dl557-91. 300-4.5 Placing Materiais for Fills, add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properiy compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be unifonnly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that inten/ening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carisbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On Revised 11 /24/10 Contract No. 6607 Page 116 of 173 all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, H-2% -5%, to allow for plant growth. 300-4.8 Siopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical inten/als no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion controi and water pollution control confonning to the requirements shown on the pians, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controis. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to detennine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", current edition at time of bid, as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stonnwater Best Management Practices Handbook, Construction", current edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be Revised 11/24/10 Contract No. 6607 Page 117 of 173 limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded benns around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff, c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3.3 of these Special Provisions. Contractor shall obtain the digital format for SWPPP from the City of Carlsbad website and shall complete required sections, if revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain stomn water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and Revised 11 /24/10 Contract No. 6607 Page 118 of 173 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Pemriit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Revised 11 /24/10 Contract No. 6607 Page 119 of 173 Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibiiity for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-stonn water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. Revised 11/24/10 Contract No. 6607 Page 120 of 173 During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. Add the following section: 300-13.4 Payment. Payment shall be made at the contract lump sum item bid. SECTION 306 - OPEN TRENCH CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carisbad Municipal Water District Rules and Regulations for the Construction of ^0^^ (Potable or Reclaimed) Water Mains, latest edition. 306-1.3.4 Compaction Requirements, delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properiy compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. •F^ Revised 11/24/10 Contract No. 6607 Page 121 of 173 PART 8, LANDSCAPE AND IRRIGATION SECTION 800 - MATERIALS 801 -2 EARTHWORK AND TOP SOIL PLACEMENT. 801-2.2.2 Fertilization and Conditioning Procedures, add the foilowing: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 801-2.2.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. After surface preparation and application of the soil amendments shown in Table 801 -2.2.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Tables 801-2.2.2(B) and 801-2.2.2(0) from each median planter, at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 801 -2.2.2(B) and 801 -2.2.2(C) using such materials and methods as may be necessary. Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 801-2.2.2(0). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Tables 801-2.2.2(B) and 801-2.2.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. TABLE 801-2.2.2(A) SOIL AMENDMENTS Soil Amendment Metric Application Rate Approx. U.S. Application Rate Agricultural Gypsum 500 g per square meter 100 Ibs. per 1,000 square feet iron Sulfate 50 g per square meter 10 Ibs. per 1,000 square feet Calcium Carbonate Lime 500 g per square meter 100 Ibs. per 1,000 square feet Organic Soil Amendment 0.04115 cubic meters per square meter (average depth 41 mm) 5 cubic yards per 1,000 square feet (average depth 1 %") V Revised 11/24/10 Contract No. 6607 Page 122 of 173 TABLE 801-2.2.2(B) SOIL PROPERTIES Soil Property Acceptable Range Test Method Repeatability Range of Test Ph 6.5 to 7.3 Saturation Paste pH + 0.1 pH Dissolved Salts (ECe) < 4.0 dS m-l Saturation Paste Soluble Salts ± 7% Liquid Limit N/A to 30 ASTM D 423 + 2 Plasticity Index NPto 10 ASTM D424 + 2 TABLE 801-2.2.2(C) SOIL PARTICLE GRADATION Sieve Siize Percent Passing 19 mm{%") 100 9.5 mm {%") 95-100 4.75 mm (No. 4) 60-85 1.89 mm (No. 10) 40-75 475 M-m (No. 40) 35-70 75 p.m (No. 200) 30-70 For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 801-2.3 Finish Grading, add following: The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence the hydroseed mix. 801-3 SEED. Add the following: EROSION CONTROL SEED MIX Botanical Name Common Name %P/%G Lbs/Acre Achillea millefolium Yarrow 98/70 1 Bromus carnatus California brome 95/80 3 Eriophyllum confertiflorum Golden yarrow 30/60 2 Eschscholzia calfornica California poppy 98/75 5 Gazania splendens Clumping gazania 90/60 5 Hordeum californicum California bariey 90/80 2 Revised 11/24/10 Contract No. 6607 Page 123 of 173 Lupinus succulentus Arroyo lupine 95/85 2 Plantago insularis Wooly plantain 90/80 3 Sisyrinchium bellum Blue-eyed grass 95/75 4 Vulpia microstachs Vulpia grass 90/80 3 TOTAL 30 Notes: Sites shall be cleared of trash & debris prior to seeding. Bare mineral soil shall be exposed and lightly wetted 12-24 hours prior to seeding. Compacted soils shall be ripped or tilled to 6" - 8" depth prior to seeding and lightly track-walked up and down slope, or lightly punched with a roller. Install erosion control BMP's prior to hydroseeding. Seed shall be mixed with wood hydromulch at 2,500 Lbs/acre, 80 Lbs/acre M-Controls binder/tackif ier and green marker dye. Slurry shall be applied using hydroseeding equipment as indicated in the project specifications. 801-4 PLANTING. 801-4.8.2(b) Method B. add the following: The Contractor shall prepare hydroseeding slurry on the job site. Slurry additives shall arrive at the site in bags sealed and properiy identified by the manufacturer. All specified additives and water shall be added on the job site at the rates specified and shall be thoroughly mixed at the job site. The Contractor shall add seed to the slurry after the fiber mulch has been thoroughly incorporated. The Contractor shall spray all areas with a uniform, visible coat using the green color of the mulch as a guide. The Contractor shall apply the slurry in a sweeping motion, in an arched stream so as to fall like rain allowing the mulch fibers to built on each other until a good coat is achieved and the material is spread, evenly, at the required rate per area. The Contractor shall use care not to drag spray hoses over container planted material and shall attempt to spray from the edges of the planting areas wherever possible. Any slurry mixture which has not been applied to the planting areas within four (4) hours after mixing is be rejected and removed from the project at the Contractor's expense. Any slurry spilled into areas outside the limits of work shall be cleaned up at the Contractor's expense to the satisfaction of the Engineer. The Contractor shall assure that the site is properly prepared. The Contractor shall repair all tire ruts created by the equipment. Areas needing grading repair prior to hydroseeding shall be blended and floated to match surrounding grades. Areas having less than 80% plant coverage within thirty (30) days after the initial application shall be reseeded every twenty (20) days until 80% of the ground surface is evenly covered by hydroseeded or subsequently reseeded growth. Revised 11/24/10 Contract No. 6607 Page 124 of 173 Add the following section: 801-4.8.5 Weed Eradication. The Contractor shall water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. The Contractor shall spray all weeds with a post emergent herbicide immediately after the completion of the three week irrigation period. After two (2) weeks, the Contractor shall again eradicate the weeds and complete the preparation of the soil prior to the application of the hydroseed mixes. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded areas, median planting and mitigation area. The Contractor shall maintain said areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall confonn to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be pennitted to perfonn toxic spraying work. During the plant establishment period, the Contractor shall fumish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as detennined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. V Revised 11/24/10 Contract No. 6607 Page 125 of 173 ""^^ TECHNICAL SPECIFICATIONS FOR CMP REPLACEMENT PROGRAM (LA GRAN VIA) CONTRACT NO. 6607 BONDED FIBER MATRIX PART 1 - GENERAL SUBMITTALS A. Submit a certificate of compliance for bonded fiber matrix and related tackifier at least 5 business days before application. Certificates of compliance must include: 1. Product label 2. List of applicable nonvisible pollutant indicators for soil amendment and stabilization products 3. Report of acute and chronic toxicity tests on aquatic organisms confonning to EPA methods 4. List of ingredients, including chemical fomnulation 5. Properties of poiyacrylamide in tackifier including (1) percent purity by weight, (2) percent active content, (3) average molecular weight, and (4) charge density PART 2-PRODUCTS MATERIALS A. Fiber 1. Fiber for bonded fiber matrix must be 100 percent wood fiber and comply with the requirements for fiber except the sieve requirement must be at least 50 percent retained on a no. 25 sieve. 2. Fiber must be wood fiber. Wood fiber must be a long strand, whole wood fiber thennomechanically processed from clean whole wood chips. B. Bonded Fiber Matrix Tackifier 1. Tackifier for bonded fiber matrix shall: a. Be bonded to the fiber or prepackaged with the fiber by the manufacturer b. Contain a minimum of 10 percent of the combined weight of the dry fiber, activating agents, and additives c. Be an organic, high viscosity colloidal polysaccharide with activating agents or a blended hydrocolloid-based binder Revised 11 /24/10 Contract No. 6607 Page 126 of 173 V PART 3-EXECUTION BONDED FIBER MATRIX A. Bonded fiber matrix must be a hydraulically-applied material composed of fiber and tackifier, and may also include seed and fertilizer if prescribed on the Drawings. B. Apply bonded fiber matrix materials in the locations, rates, and number of applications shown on the Drawings and as follows: 1. Apply in successive passes as necessary to achieve the required application rate. 2. Fonn a continuous unifonn mat with no gaps between the mat and the soil surface as follows: a. Apply in 2 or more directions if necessary. b. Apply in layers as necessary to avoid slumping and aid drying. 3. Apply bonded fiber matrix at the rate of 3,500 lb/acre. Revised 11/24/10 Contract No. 6607 Pace 127 of 173 Appendix A Door Hanger 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 infrastructure, improvements to the drainage system will be occurring in the open space area behind your residence. This construction will generally occur within the drainage easement M-F between the hours of 7:00A.M. to 5:00 P.M. There may be a few Instances when the contractor will request that you hold off watering your lawn or washing cars for a brief period of time. ABC is the Contractor that will be perfbrming the woric for the city and you may call them at the above phone number if you have any questions regarding the prpject. If you have any concerns which cannot be addressed by the Contractor you may call the City's Projecl Inspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we woric to make a better City of Carisbad. Appendix B Tier 1 Storm Water Pollution Prevention Plan 3 •fmwaiauHOO IIIWUDIWM'WIdWi'S pmAiwiiaaiiinlaw Biw«iioiMwaii|wd uagmjanoonmn mii(ua UUOIS pnCiildMMSiMW KIMBBiatBMIO una VWIO 0-NM S-WM c-wm 8-SN G-SN l-SN 0I.-3S 8-3S Z-3S S-3S »-3S G^8 1.-38 603 eo3 lllllll X... CJ Appendix C CEQA Determination from Planning Division VCity of Carlsbad Memorandum October 20,2014 To: ^herrl Howard, Associate Engineer Fromi^Qi'^Pam Drew, Associate Planner Via Dave de Cordova, Prindpal Planner Re: EA 14-03 - 6607-CORRUGATED METAL PIPE REPLACEMENT PROGRAM - LA GRAN VIA Thank you for submitting an Early Assessriient to remove and replace a section of corroded corrugated metal drainage pipe and manhole, located on an existing vegetated slope behind La Gran Via in the La Costa area. The proposed project includes the foilowing: • Remove approximately 121 linear feet of 24-inch RCP • Remove existing manhole and concrete casing • Install approximately 40 linear feet of 24-inch HDPE • Install new manhole and concrete casing -^o^ • Install energy dissipater structure • install cutoff wall In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of an Early Assessment is to provide you with direction and comments on the overall concept of your project. Planning; General 1. The project will not need any permits from Planning; however, the project must compiy with C.M.C. Chapter 8.48 - Noise, which regulates permitted hours for construction. 2. The project is exempt from environmental review per CEQA Guidelines Section 15302(c}, concerning replacement or reconstruction of existing facilities involving negligible or no expansion of capacity. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 760-602-4600 , 760-602-8560 fox EA 14-03 - 6607 - CORRUGATED METAL PIPE REPLACEMENT PROGRAM - U GRAN VIA October 20,2014 Page 2 3. Due to the adjacent wetiand habit please have a biologist delineate (with orange barrier fencing), the boundaries of the wetland prior to the contractor's mobilization for the project. The wetland habitat shall be avoided throughout the construction ofthe project. Land Development Engineering; Separate comments were previously submitted to you on September 30, 2014. If you would lilce to schedule a meeting to discuss this letter with your staff planner, please contact Pam Drew, Associate Planner at ext. 4644, or your staff engineer, Steve Bobbett, Associate Engineer at ext. 2747. DD:pd:fn c: Don Neu, City Planner Kirsten Plonica, Engineering Manager Scott Donnell, Senior Planner Steve Bobbett, Associate Engineer File Copy Data Entry Appendix D Geotechnical Evaluation La Gran Via Storm Drain Repair ' ^ r,(./i;,.f»i,'!i.-..| I'iil fn GEOTECHNICAL EVALUATION LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CALIFORNIA PREPARED FOR: CityofCarlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 December 12,2014 ProjectNo. 107838001 5710 Ruffin Road • San Diego. Califc>mia 92123 • Phone (858) 576-1000 • Fax (858) 576-9600 SanOiego • Irwie • LosAngeles • Rancho Cucamonga • Oakland • SanFranosco • SanJose • Sroamemo LasVfegas • .Phoenix • Tucson • ftescotc Valley • Denver - Houston December 12,2014 ProjectNo. 107838001 Ms. Sherri Howard Cily ofCarlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 Subject: Geotechnical Evaluation La Gran Via Storm Drain Repair Carlsbad, Califomia Dear Ms. Howard: In accordance vtalh your authorization, we have performed a limited geotechnicai evaluation for the La Gran Via Storm Drain Repair in Carlsbad, California. This report presents our geotechni- cal findings, conclusions, and recommendations regarding the proposed project. Our report was prepared in accordance with our scope and fee transmitted on October 8,2014. We appreciate the opportunity to be of service on this project Sincerely, NINYO & MOORE Francis O. Moreland, PQ CEG Senior Geologist Kenneth H. Mansir, Jr.,>PE, Principal Engineer FOM/JTK/KHM/gg Distribution: (1) Addressee (via e-mail Jef&eyT.Kent,PE,GE Senior Engineer 5710 Ruffin Rdad • SanDiego, California 92123 • Phone {858)576-1000 • Fax (858) 576-9600 SanOiego • Irwe • tos Angeles • Rancho Cucamonga • Oakland • SanftancBCO • SanJose • Sacramento lasWegas • Rioenix • Tucson • ftescoccValley • Denver - Houston ^^^^^^^ La Gran Via Stomi Drain Repair Deeeniljcr 12,2014 Carisbad, Calilbmia Project No. 107838001 TABLE OF CONTENTS Page 1. INTRODUCTION 1 2. SCOPE OF SERVICKS 1 3. SITB AND PROJRCT DESCRIPTION 1 4. SUBSURFACE EXPLORATION AND LABORATORY TESTING 2 5. SUBSURFACE CONDITIONS 2 5.1. Fill 3 5.2. Santiago Formation 3 5.3. Groundwater 3 6. CONCLUSIONS 3 7. RECOMMENDATIONS 4 7.1. Earthwork 4 7.1.1. S ite Preparation 4 7.1.2. Excavation Characterislics 5 7.1.3. Temporary Excavations and Shoring 5 7.1.4. Excavation Bottom Stability 6 7.1.5. Slope Reconstruction 6 7.1.6. Materials for Fill 8 7.1.7. Fill Placement and Compaction 8 7.1.8. Pipe Zone Backfill 9 7.1.9. Utility Trench Zone Backfill 10 7.2. Shallow Foundations 10 7.2.1. Bearing Capacity 10 7.2.2. Lateral Resistance 11 7.3. Corrosivity 11 7.4. Pre-Construction Conference 11 7.5. Plan Review and Construction Observation 12 8. LIMITATIONS 12 9. REFERENCES 14 Figures Figure 1 - Site Location Figure 2 - Boring Location Figure 3 - Lateral Earth Pressures for Braced Excavations Figure 4 - Energy Dissipater Subgrade Improvement | Appendices Appendbc A - Boring Log Appendbc B - Laboratory Testing La Gran Via Storm Drain Repair December 12,2014 Carlsbad, California Projecl No. 107838001 1. INTRODUCTION In accordance wilh your authorization and our scope and fee Iransmitled on October 8, 2014, we have performed a geotechnical evaluation for thc La Gran Via Storm Drain Repair project lo- cated behind 2763 La Gran Via in Carlsbad, California (Figure 1). litis reporl presents our findings and conclusions regarding the geotechnical conditions at the site and our recommenda- tions for thc design and construction oflhe repair efforts for this project 2. SCOPE OF SERVICES Ninyo & Moore's scope of services for this projecl included review of pertinent background data, performance of a geologic reconnaissance and subsurface exploration, and engineering analyses wilh regard lo the proposed project Specifically, we performed the following tasks: • Reviewing background data iisted in the References seclion ofthis report. The data reviewed included geotechnical geologic data, fault maps, and site plans prepared by Aecom. • Performing a geologic reconnaissance of the project site and nearby areas. • Performing a subsurface exploration that consisted of manually excavating, logging, and sam- pling of one boring to evaluate the subsurface conditions. • Perfonning geotechnical laboratory testing on representative soil samples to evaluate soil characteristics and geotechnical design parameters. • Compiling and analyzing the data obtained fiiom our background research, subsurface explorar- tion, and laboratoiy testing. • Preparing this report presenting our findings, conclusions, and recommendations regarding tiie geotechnical aspects of design and construction of the repair efforts fbr this project 3. SITE AND PROJECT DESCRIPTION The site is located along and within the descending slope behind the residence located at 2763 La Gran Via in Carlsbad (Figure 2). The site descends downward firom the adjacent properfy line at the top of the slope at an inclination of approximately 2:1 (horizontal to vertical) to the fresh wa- ter marsh down below in the open space easement. At the toe of the slope, a washout and erosion of the existing soils has occurred and portions of the corroded corrugated metal pipe (CMP) 107131001 Rjdoe fif Inyo La Gran Via Slonn Drain Repair December 12,2014 Carlsbad, Calilornia ProjectNo. 107838001 slorm drain has been exposed. There is also a manhole slructure situated approximately mid- height oflhe sloiie. The elevation ofthe sile ranges from approximately 202 feel above mean sea level (MSL) al thc lop oflhe slope lo approximately 166 fool MSL near the base oflhe washout and the slorm drain outlet Vegetation consists of grass, weeds and brush. We understand ihal lhe project consists ofthe emergency rcpair oflhe corroded and partially ex- posed 24-inch diameter, CMP storm drain. The repair includes lhe removal of thc exisling CMP and manhole structure wtthin the slope and installing approximatety 32 feet of 24-inch diameter HDPE pipe. Along with the new HDPE piping, a new manhole structure will be installed at the top ofthe slope and an energy dissipator structure wili be constructed at the base of the slope. In addition to the new storm drain system repair, the slope in the repair area will be reconstructed. 4. SUBSURFACE EXPLORATION AND LABORATORY TESTING Our field exploration at the project site included a geologic reconnaissance and a subsurface ex- ploration that were conducted on November 12, 2014. The subsurface exploration consisted of manually excavating one boring to a depth of approximately 5 feet The boring location is pre- sented on Figure 2 and the boring log is presented in Appendix A. Prior to commencing the subsurface exploration, USA was notified for mark-out of the existing utilities. Geotechnical laboratory testing was perfonned on representative soil samples collected during our subsurface exploration. Testing included an evaluation of gradation (sieve) analysis, shear strength, and modified Proctor density relationships. Results of the laboratoiy tests perfonned are presented in Appendix B. 5. SUBSURFACE CONDITIONS Geologic units observed during our site reconnaissance and subsurface exploration of the project site included fill and materials of the Santiago Formation. Generalized descriptions of the units encountered are provided in the subsequent sections. Additional descriptions are provided on the boring log presented in Appendix A. 107131001 iLd» 2 ^^/nyif ^mf% La Gran Via Slonn Drain Repair December 12,2014 Carlsbad, California Project No. 107838001 5.1. Fill Mil materials were observed in (he siope and encountered in our Iwring lo a deplh of approxi- mately 5 feel. As encountered, lhe fill materials generally aiiisisl of light brown, moist, medium dense, silty tine sand wilh scattered gravel, sandstone pieces, and iron oxide staining. 5.2. Santiago Formation Materials mapped as lhe Tertiary-age Santiago Formation (Kennedy and Tan, 2005) were observed beneath the flit in the eroded area at the base of the slope below an elevation of approximately 170 feel MSL. As observed, lhe Santiago Formation materials generally con- sist of light gray, moist lo saturated, siity to clayey sandstone. 5.3. Groundwater Groundwaier is anticipated to be at the approximate level of the adjacent fresh water marsh. Additionally, due to the presence ofa corroded storm drain and residences situated upslope from the site, zones of seepage should be anticipated. Fluctuations in the groundwater level may occur due to variations in ground surface topography, subsurface geologic conditions and structure, tides, rainfall, irri^tion, and other factors. 6. CONCLUSIONS Based on our review of the referenced background data, geologic field reconnaissance, and sub- surface exploration, it is our opinion that construction of die proposed project is feasible from a gTOtechnical standpoint Geot^hnical considerations inchxtelhe following: • The on-site raaterials are expected to be excavatable with conventional heavy-duty earth- moving equipment in good working condition. • The slope erosion and the repaired slope may be reconstructed as an engineered fill slope by removing the disturbed material to expose competent material and replacing the slope witii compacted fill. Specific recommendations regarding slope reconstruction and benching are presented in following sections. 3 La Gran Via Slorm Drain Repair December 12,2014 Carlsbad, Caliibrnia Project No. 107838001 Groundwater and seepage is expected iohca constraint during con.slniction. Groundwaier is anticipated to bc al lhe approximate levei of the adjacenl fresh waler marsh. Additionally, due lo lhe presence ofa corroded storm drain and residences situaied upslope from the site, zones of seepage should bc anticipated. Due to the groundwater near the loe of the slope and the potential for seepage within the slope, the conlraclor should anticipate encountering wet soils that may need additional han- dling or slabilizaltun ciTorls. Recommendations are presented herein for the removal of saluratcd material al lhe loe ofthe slope and replacement with gravel wrapped in filler fabric lo aid in thc construciion oflhe energy dissipator. On-site excavations may generate overeized materials and other debris. ITiese materials should be removed from on-sile soils prior lo their reuse as engineered fill. 7. RECOMMENDATIONS Based on our understanding of the project the following recommendaiions are provided for the design and construction ofthe project 7.1. Earthwork In general, earthwork should be perfonned in accordance with the recommendations pre- sented in this report. Ninyo & Moore should be contacted for questions regarding the recommendations presented herein. 7.1.1. Site Preparation Site preparation should begin with the removal of vegetation, drainpipes, and other deleterious debris from areas to be graded. Roots should be removed to such a depth that organic material is generally not present Clearing and grubbing should extend to the outside of the proposed excavation and fill areas. The debris and unsuitable material generated during clearing and grubbing should be removed irom areas to be graded and disposed of at a legal dumpsite away from the project area. lOTmOOl R.doe La Gran Via Slorm Drain Repair December 12,2014 Carlsbad, Caliibrnia Projecl No. 107838001 7.1.2. Excavation Charactenstics Our evaluation of the excavation characterislics of lhe on-sile materials is based on lhe results of our cxploralory boring, our silc observations, and our experience wilh similar materials. Fill materials may bc in variable condiiion and, where loose or dry, will bc subject lo caving upon excavation. Debris may also be encountered wilhin fill materials. Based on our evaluation the materials are expected to bc rippable wilh heavy-duty earthniovlng equipment. 7.L3. Temporary Excavations and Shoring We recommend lhat trenches and excavations be designed and constructed in accor- dance with Occupational Safety and Health Administration (OSHA) regulations. For planning purposes, we recommend that OSHA soil classification Type B be used for site soils. For trench or other excavations, OSHA requirements regarding personnel safety should be met by using appropriate shoring (including trench boxes) or by laying back the slopes no steeper than 1:1 (horizontal to vertical). Loose materials in the slope faces should be removed prior to grading. Temporary excavations that encounter seepage may need shoring or may be stabilized by placing sandbags or gravel along the base of the seepage zone. Excavations encountering seepage should be evaluated on a case-by-case basis. On-site safety of personnel is the responsibility of the contractor. Due to site constraints, temporaiy excavations may need to be shored. Temporaiy earth retaining systems will be subjected to lateral loacis resulting from earth pressures. Shor- ing qstems for excavations may be designed usmg tfie lateral earth pressure parameters presented on Figure 3. These lateral earth pressures should be evaluated by a structural engineer for the design of the shoring systeins. These design earth pressures assume that spoils from the excavations, or other surcharge loads, will not be placed above the ex- cavations within a 1:1 (horizontal to vertical) plane extending up and back from the base ofthe excavation. For bracing subjected to surcharge loads, such as soil stockpiles or construction materials/equipment an additional horizontal uniform pressure of 0.40q may be applied to the full height of the excavation, where "q" is the surcharge pressure. La Gran Via Slonn Drain Repair December 12,2014 Carlsbad, California Projecl No. 107838001 7.L4. Excavation Bottom Stability Based on our evaluation, due lo lhe presence of the adjacenl Iresh waler marsh, satu- rated and potentially yielding materials may bc encountered at lhe loc ofthe slopc repair and al lhe subgrade elevation for the dissipater slructure. We recommend lhal thc satu- rated material in lhe dissipater structure bc removed to a depth of 2 feel beiow proposed subgrade elevation and replaced wilh a I-fool thickness of open graded gravel wrapped in separation fabric (Figure 4). Following lhe removals, a woven fabric (such as HP 570 or an equivalent) should be rolled out over the excavation boltom. The fabric should ex- tend 2 feel or more up the sides of the excavation. Subsequent to the placement of the fabric, 12 inches of gravel may t>e placed over the fabric. Compaction effort should then be made in this layer to consolidate the gravel. A second layer of fabric should then be rolled out over the gravel. The filter fabric extending up the sides of the excavation should then be overlapped over the second layer of filter fabric. A 12-inch layer of com- pacted fill material should llien be placed in two 6-inch lifts and compacted to 90 percent or greater relative compaction as evaluated by the ASTM Intemational (ASTM) D 1557. Due to the saturated condition of the existing Santiago Formation ma- terials at the site, this material is not considered reusable in its present condition and the use of imported fill material may be needed. 7.1.5. Slope Rraonstruction Based on our evaluation, we understand that die slope washout will be reconstructed to match die existing grades and the pre-existing configuration using imported fill soils. Tbe sequence of excavation, stockpiling soil, and slope leconstructicm should be evalu- ated by the contractor based on the site conditions and equipment capabilities. The slope work involves grading on a steep hillside and should be performed by a qualified con- tractor with experience in hillside grading techniques. The actual depth and extent of removals should be evaluated in the field at the time of construction by Ninyo & Moore. I ,a Gran Via Storm Drain Repair December 12,2014 Carlsbad, Califomia Projecl No. 107838001 T he slope should be .stripped of vegetation and cleared of surface obstructions and de- bris. 1'he slope may be reconstmcted by excavating the loose surficial soits, benching lhe exposed slopc face inlo compelenl material, and rebuilding Ihc slope with com- pacled fill. The actual deplh and extenl of removal should bc evaluated in the field at thc lime of construction by Ninyo & Moore. A key, inclined gently into the slope, should be constructed at lhe base of the recon- structed part of the slope. The keyway should extend to a depth of 3 feet below the toe of slope elevation, be 10 feet long as measured into slope, and extend the width of the reconstructed slope. Benches should be inclined slightly into slope and have a width of 4 feet or more. Lateral extents of the slope repair should extend a horizontal distance of 5 feel beyond the limits of the slope washout However, the actual extent of removal should be evaluated in tlie field at the time of consiruction by Ninyo & Moore. Unless otherwise recommended by Ninyo & Moore and approved by the regulating agencies, fill and cut slopes should not be steeper than 2:1. Compaction ofthe face of fill slopes should be perfonned by backrolling at intervals of 4 feet or less in vertical slope height or as dictated by the capability of the available equipment, whichever is less. Fill slopes should be backrolled utilizing a sheepsfoot-type roller. Care should be taken in maintaining the desired moisture conditions and/or reestablishing them, as needed, prior to backrolling. Care should be taken to provide surficial soil stabilization such as an erosion control mat placed between the time the slope repair is made and landscaping is established. If die repair is made during fhe rainy season, plastic sheeting should be readily available to cover the slope in the event of rainfall. Site runoff should not be permitted to flow over the tops of slopes. Positive drainage should be established away firom the slopes. This may be accompUshed by incorporating brow ditches placed at the top of the slopes to divert surface runoff away from the slope face where drainage devices are not othenvise available. lOTOMMIJtilcic La Gran Via Slorm Drain Repair December 12,2014 Carisbad, California Project No. 107838001 The on-site soils arc likely lo be su.sceptiblc lo erosion; Iherefore, the projecl ptans and specifications should conlain design fcalurcs and conslruclion requiremenis to miligate erosion of on-site soils during and after construction. Imported fill materials should bc evaluated for suilability by Ninyo & Moore prior lo their u.se in conslnicling fill slopes. 7.1.6. Materials for Fill Materials for fitl may be obtained from on-site excavations or may be import materi- als. On-site or import soils with an organic content of less than approximately 3 percent by volume (or 1 percent by weight) and that meet the following recommen- dations are considered suitable for use as engineered fill material. Fill material should not contain rocks or lumps over approximately 3 inches in diameter and not more than approximately 30 percent larger than % inch. On-site excavations may generate cob- bles larger than 3 inches in diameter. Oversize materials should be separated from material to be used as engineered fill and further processed and/or removed from the site. Moisture conditioning (including drying and/or mixing) of existing on-site mate- rials is anticipated if reused as engine^ed fill. Imported fill material, if needed, should generally be granular soils diat are non-corrosive in accordance widi the Caltrans (2012) corrosion guidelines and ACl 318. Materials for use as fill shoukl be evaluated by Ninyo & Moore's representative jaior to filling or imprating. 7.1.7. Fill Placement and Compaction Prior to placement of compacted fill, the contractor should request an evaluation of die exposed ground suriace by Ninyo & Moore. Unless otherwise recommended, die ex- posed ground surface should then be scarified to a deptii of approximately 8 inches and watered or dried, as needed, to achieve moisture contents generally above the optimum moisture content The scarified materials should tiien be compacted to a relative com- paction of 90 percent as evaluated in accordance with ASTM D 1557. Hie evaluation of compaction by the geotechnical consultant should not be considered to preclude any re- quiremente for observation or approval by goveming agencies. It is the contractor's ion3tooi><.d.. 8 0/SlfiJ ^tAWt^ I .a Gran Via Slonn Drain Repair December 12,2014 Carlsbad, California Projecl No. 107838001 responsibility to notify this office and the appropriate governing agency when project areas arc ready for observation, and lo provide reasonable lime for lhal review. I'itl materials should bc moisture conditioned lo generally above the laboratory opli- nnim moisture content prior to placement. The optimum moisture content will vary with material type and olher l^iclors. Moisture conditioning of fili soils should be generally consistenl wilhin the soil mass. Prior lo placemenl of additional compacted fill malerial following a delay in the grading operations, the exposed surface of previously compacted fill should be prepared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. Compacled fill should be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift should be watered or dried as needed to achieve a moisture content generally above the laboratoiy optimum, mixed, and then compacted by mechanical methods, to a relative compaction of 90 percent as evaluated by ASTM D 1557. Successive lifts should be treated in a like manner until the desired fin- ished grades are achieved. 7.1.8. Pipe Zone Backfill The pipe zone backfill should from the top of the pipe bedding material and extend to 1 foot or more above the top of the pipe in accordance with the recent edition of the Standard Specifications for Public Works Construction (''Greenbook"). Pipe zone back- fill should have a Sand Equivalent (SE) of 30 or greater, and be placed around tiie sides and top of the pipe. Special care should be taken not to allow voids beneath and around the pipe. Compaction of tfie pipe zone backfill should proceed up botfi sides of the pipe. It has been our experience tfiat the voids within a crushed rock material are sufficiently large to allow fines to migrate into the voids, thereby creating the potential for sinkholes and depressions to develop at the ground surface. If gravel is utilized as pipe zone back- fill, this material should be wrapped with a geosynthetic filter fabric. 107131001 tiiac La Gran Via Slorm Drain Repair December 12,2014 Carlsbad, Calilbmia Project No. 107838001 7.1.9. Utility Trench Zone Backfill On-sile soils wilh an organic conlenl of less lhan approximately 3 percent by volume (or t percent by weighi) and lhal inccl lhe foltowing recommendations arc generally considered suitable for reuse as Irench zone backfill. Trench zone backfili malerial should be gener- ally free of trash, debris, rools, vegeiation, or deleterious materials, trench zone backfill should generally bc free of rocks or hard lumps of material in excess of 3 incties in di- ameter. Rocks or hard lumps larger than about 3 inches in diameter should be broken inlo smaller pieces or should be removed from the site. On-site irench excavations may generate cobbles larger than 3 inches in diameter. Oversize materials should be separated from material to be used as Irench backfill. Moisiure conditioning (including dtying and/or mixing) of existing on-site materials is anticipated if reused as trench zone backfill. Import material should also be non-conosive in accordance with the Caltrans (2012) corrosion guidelines and ACl 318. Materials for use as fill should be evaluated by Ninyo & Moore's representative prior to filling or importing. The contractor should be responsible for the unifonnity of import material brought to the site. 7.2. Shallow Foundations Based on our understanding of the project, the proposed new manhole and energy dissipat- ing structures will be supported on shallow continuous and/or spread foundations. The fbllowing sections provide parameters for the design of shallow foundations bearing on compacted fill prepared in accordance with the earthwork recommendations presented in previous sections of this report. 7.2.1. Bearing Capacity Shallow, spread or continuous footings bearing on compacted fill prepared in accor- dance with tfie earthwork recommendations in previous sections, may be designed using a net allowable bearing capacity of 2,000 pounds per square foot (psf). These allowable bearing capacities may be increased by one-third when considering loads of short dura- tion such as wind or seismic forces. Shallow, spread or continuous footings should be 107131001 R-ikc 10 ^ityo^wst^ La Gran Via Storm Drain Repair December 12,2014 CarLsbad, Calilomia Project No. 107838001 founded 15 inches or more beiow the lowest adjacent grade. Conlinuous footings should have a widlh of 15 inches or more and isolaled footings should be 18 inches or more in width. The shallow, spread or conlinuous footings should bc reinforced in accordance wilh the recommendations oflhe project structural engineer. 7.2.2. Lateral Resistance For resislance of footings to lateral loads, we recommend a passive pressure of 300 psf per foot of depth bc used with a value of up to 3,000 psf This value assumes that the ground is horizontal for a distance of 10 feet, or tiiree times the height generating the passive pressure, whichever is grealer. We recommend that the upper 1 foot of soil not protected by pavement or a concrete slab be neglected when calculating passive resislance. For frictional resislance to lateral loads, wc recommend a coefTicient of friction of 0.30 be used between soil and concrete. Tlie allowable lateral resistance can be taken as the sum of the frictional resistance and passive resistance provided the passive resistance does not exceed one-half of the total allowable resistance. 73. Corrosivity As evidenced by the corroded nature of the existing CMP and the presence of a nearby marsh, the on-site soils should be considered corrosive. Therefore, we recommend (faat con- sideration should be given to using Type IW cement for concrete structures in contact witfa soil. In addition, we recommend concrete have a 28-day compressive strengtii of 4,500 pounds per square inch (psi) and a water-to-cement ratio of no more than 0.45. 7.4. Pre-Construction Conference We recommend that a pre-construction meeting be held prior to commencement of construc- tion. TTie owner or his representative, (he agency representatives, the civil engineer, Ninyo & Moore, and tfie contractor should be in attendance to discuss the plans, the project, and the proposed construction schedule. /^^^^ 10713(001 lUoc 11 ^/nya^mtm La Gran Via Slorm Drain Repair December 12,2014 Carlsbad, Califomia Project No. 107838001 7.5. Plan Review and Construction Observation ITie conclusions and recommendations presented in Ihis report arc based on analysis of ob- served condilions in widely spaced cxploralory borings. If condilions arc found lo vary from those described in Ihis report, Ninyo & Moore shoutd be notified, and additional recommenda- tions wilt bc provided upon rcqucst Ninyo & Moore should review lhe final projecl drawings and specifications prior to the commencement of conslruclion. Ninyo & Moore shoutd per- form the needed observation and testing services during consiruction operations. The recommendations provided in this report are based on tfie assumption tfiat Ninyo & Moore will provide geotechnical observation and testing services during constinction. In the event tfiat it is decided not to utilize tfie services of N inyo & Moore during construction, we request that the selected consultant provide the client with a tetter (witfi a copy to Ninyo & Moore) indicat- ing lhal lhey fiilly understand Ninyo & Moore's recommendations, and that tfiey are in full agreement with the design parametei-s and recommendations contained in this report. Construc- tion of proposed improvements should be perfomied qualified subcontractors utilizing appropriate techniques and constinction materials. 8. LIMITATIONS The field evaluation, laboratory testing, and geotechnical analyses presented in tiiis geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the praject area. No wananty, expressed or implied, is made regarding tfie conclusions, recommemlations, and opinions pre- sented in this report Tiiere is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in this report may be encountered during constinction. Uncertainties relative to subsurface conditions can be reduced tiirou^ addi- tional subsurface exploration. Additional subsurface evaluation will be performed upon request Please also note tiiat our evaluation was limited to assessment of the geotechnical aspects ofthe project and did not include evaluation of stiuctural issues, environmental concems, or the pres- ence of hazardous materials. 107131001 Rjkc 12 J^/nyo-J^mm La Gran Via Storin Drain Repair December 12,2014 Carlsbad, Califbrnia Project No. 107838001 Ihis document is intended to be usjed oniy in its entirely. No poriion ofthe document, by itself, is designed lo completely represent any aspect oflhe projecl described herein. Ninyo & Moore shouid be eonlacted if lhe reader requires additional intbrmation or has questions regarding the content, inlerprclalions presented, or completeness of this document This report is inlended for design purposes only, it docs not provide sufllcicnl data to prepare an accurate bid by conlractors. It is suggesled tiial the bidders and (heir geoiechnicai consullant per- form an independent evaluation ofthe subsurface conditions in the project areas. The independent evaluations may include, but not be limiled to, review of other geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratoiy testing. Our conclusions, recommendations, and opinions are based on an analysis of the observed site conditions. If geotechnica] conditions different from those described in this report are encountered, our ofiice should be notified, and additionat recommendaiions, if warranted, will be provided upon request. It should be understood tfiat the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the ^plicable laws, regulations, codes, and standards of practice may occur due to ^venunent ac- tion or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no controls. This report is intended exclusively for use by the client Any use or reuse ofthe findings, conclu- sions, and/or recommendations of this report by parties otiier than the client is undertaken at said parties' sole risk. 1O7I3I0OI lUliie 13 ^//yj^-.^nQre o La Gran Via Storm Drain Repair Carlsbad, Caliibrnia December 12,2014 ProjectNo. 107838001 9. REFERENCES Aecom, Undated, Conslruclion Ptans For La Gran Via Slorm Drain Pipeline Repair, Pages 1 through 4, Drawing No. 471-2C. American Concrete inslilule, 2011, ACI 318 Buitding Code Requiremenis for Structural Con- crete (ACl 318) and Commentaiy (ACl 318R). California Building Slandards Commission (CBSC), 2013, California Building Code (CBC), Ti- tle 24, Pari 2, Volumes 1 and 2: dated June. Harden, D.R., 1998, California GeologjK Prentice Hall, Inc. Kennedy, M.R, and Tan, S.S., 2005, Geologic Map of thc Oceanside 30' x 60' Quadrangle, Califor- nia, Scate 1:100,000. Ninyo & Moore, In-House Proprietary Information. Norris, R. M. and Webb, R. W., 1990, Geology of California, Second Edition: John Wiley & Sons, Inc. Public Works Standards, Inc., 2012, "Greenbook," Standard Specifications for Public Works Construction. United States Department of the Interior, Bureau of Reclamation, 1998, Engineering Geology Field Manual. AERIAL PHOTOGRAPHS Source Date Flight Numbers Scale United Slates Department of Agriculture 4-11-53 AXN-8M 17 and 18 1:20,000 t07Uta01 RJoc 14 MAP INDEX SOURCE; JOnlWMASOUaX FOR SANOEGO COUNTY. STREET GUDEMmORECTORY. •MP0IMNOMCNMJ.YRCOr.S-12S SCALE IN FEET 0 1,200 2.400 4,800 NOTE DIRECTIONS, DIMENSIONS ANO LOCATIONS ARE APPROXIMATE SITE LOCATION FIGURE PROJECTNO. DATE LA GRAN VIA STORM DRAIN REPAIR 1 107838001 12/14 CARLSBAO, CALIFORNIA 1 I GROUNO SURFACE • SHORING H 12 INCHES OR MORE Pp—H 4. S. NOTES: APPARENT UTERAL EARTH PRESSURE. P. Pg = 2aHpsf • CONSTRUCnON TRAFRC INOUCQ) SURCHARGE PRESSURE. P. ^=120psf • PASSIVE LATERAL EARTH Pfl^URE, P- r^sSOODpsf ASSUMES QROUNDWATER IS NOT PRESEIfT SURCHARGES FROM EXCAVATED SOIL OR CONSTRUCTION MATERIALS ARE NOT INCLUOED 6. HAND DARE IN FEET NOT TO SCALE LATERAL EARTH PRESSURES FOR BRACED EXCAVATIONS FIGURE 3 PROJECTNO. DATE LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CALIFORNIA FIGURE 3 107838001 1»14 LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CALIFORNIA FIGURE 3 6 TVPICAL BENCHING MARSH T v i ENERGY DISSIPATER SUBGRADE iniyviA COMPACTED FILL GRAVEV SEPARATION FABRIC • (HP 570 OR EQUIVALENT) NOT TO SCALE PROJECT NO. 107838001 DATE 1»14 ENERGY DISSIPATER SUBGRADE IMPROVEMENT LA GRAN VIA STORM DRAIN REPAIR CARLSBAD. CALIFORNIA FIGURE La Gran Via Slorm Drain Repair December 12, 2014 Cartsbad, California Project No. 107838001 APPENDIX A BORING LOC Field Procedure for thc Collection of Disturbed Samples Disturbed soil samples were obtained in thc field using the following melhod. Bulk Samples Bulk samples of representalive earth materials were obtained from the exploratoiy boring. The samples were bagged and transported lo the laboratoiy for testing. 10713(001 R-dM Ul «3 c I I-o o li: O -I m Ui I- o u. o •L CO z Ul a >- D Z o CO -3 BORING LOG EXPLANATION SHEET Bulk sample. ' ~~~~~ Modified split-barrel drive sampler. 2-inch inner diameter splil-bairel drive sampler. No recovery with modified split-barrel drive sampler, or 2-inch inner diameter split-barrel drive sampler. Sample retained by others. Standard Penetration Test (SPT). No recovery with a SPT. Shelby tube sample. Distance pushed in inches/length of sample recovered in inches. No recovery with Shelby tube sampler. Continuous Push Sample. Seepage. Groundwater encountered during drilling. Groundwater measured after drilling. 7 xx/xx "5 9 15- I SM GL MAJOR MATERIAL TYPE rSOILl: Solid line denotes unit change. Dasliedline HeiiotM maFerTarclianger Attitudes: Strike/Dip b: Bedding c: Contact j: Joint f: Fracture F: Fault cs: CliQ' Seam s: Shear bss: Basal SUde Surface sf: Shear Fracture sz: Shear Zone sbs: Shear Bedding Surface The total depth line is a solid line that is drawn at the bottom of the boring. 20- BORING LOG Explanation of Boring Log Symbols PROJECTNO. DATE FIGURE U.S.C.S. METHOD OF SOIL CLASSIFICATION MA.IOR DIVISIONS SYMBOL I YPICAL NAMES O ^ "u a o - o oe! 5 O U 1/3 ^ 'o "u O w .S3 S s « S « S 9 2 d GRAVELS (More than 1/2 of coarse fraction > No. 4 sieve size GW Well graded gravels or gravel-sand mixtures, little or fines no f SANDS (More than 1/2 of coarse fraction < No. 4 sieve size SILTS & CLAYS Liquid Limit <50 SILTS & CLAYS Liquid Limit >50 GP Poorly graded gravels or gravel-sand mi.xlures. liule or no fines GM Silty gravels, gravel-sand-silt mixtures GC Clayey gravels, gravel-saiid-clay mixtures SW Well graded sands or gravelly sands, little or no fines SP Poorly graded sands or gravelly sands, little or no Ines SM HIGHLY ORGANIC SOILS SC ML CL OL MH CH OH Pt Silly sands, sand-silt mixtures Clayey sands, sand-clay mixtures norganic silts and very fine sands, rock flour, silty or clayey fine sands or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays Organic silts and organic silty clays of low plasticity Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts Inorganic clays of high plasticity, fat clays Organic clays of raedium to high plasticity, organic silty clays, organic silts Peat and other highly organic soils GRAIN SIZE CHART RANGE OF GRAIN CLASSIFICATION U.S. Standard Gnnn Size in Sieve Size Millimeteis BOULDERS Aljove 12" Above 305 COBBLES 12" lo 3" 306 to 76.2 GRAVEL 3'to No. 4 76.2 to 4.76 Coane 3' to 3/4" 76.210 19.1 Fine 3/4" to No. 4 19.1 to 4,76 SAND No. 4 to No. 200 4.76 to 0.075 Coarse No. 4 to No. 10 4.76 to 2.00 Medium No. 10 to No. 40 2.00 to 0.420 Fine No. 40 to No. 200 0.420 to 0.075 SILT & CLAY Below No. 200 Bolow 0.075 PLASTICITY CHART S3 £ CH CL / MH .OH / / ry / ML tOL l_ 1) 20 30 40 SO 80 70 80 90 UQ um uMrr(LL), % U.S.CS. METHOD OF SOIL CLASSIFICATION UpdMd Nov. 1011 01 .<o CO UJ CO 3 m O O O -J m UJ cc H (O o o Q. CO z UJ Q >-CC D O CD s CO < to yd o DATE DRILLED 11/12/14 BORING NO. D-l GROUND ELEVATION 190'-t (MSL) SHEET OF METHOD OF DRILLING I land Tools DRIVE WEIGHT SAMPLED BY AQP LOGGED BY AQP REVIEWED BY N/A DROP N/A KOM DESCRIPTION/INTERPRETATION SM IO- IS- IMLL: Light brown, moist, medium dense, silty fine SAND; scattered organics (roots, leaves); scattered gravel. Scattered fine-grained sandstone pieces; .scattered iron-oxide staining. Moist. total Depth = 5 feet. Groundwater not encountered. Backfllled on 11/12/14. Note: Groundwater, though not encountered at the time of excavation, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation, it is not sufficiently accurate for preparing construction bids and design documents. BORING LOG LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CAUFORNIA PROJECTNO. 107838001 DATE 12/14 FIGURE A-I La Gran Via Slorm Drain liepair December 12,2014 Carlsbad, Calirornia ProjectNo. 107838001 APPENDIXB LABORATORV TESTING Classification Soils were visually and texturally classified in accordance with thc Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. Soil classifications are indicated on thc tog ofthe exploratory boring in Appendix A. Gradation Analvsis A gradation analysis test was performed on a setected representative soil sample m general ac- cordance with ASTM D 422. The grain-size distribulion curve is shown on Figure B-l. The test results were utilized in evaluating the soil classifications in accordance with the USCS. Proctor Densitv Test The maximum dry density and optimum moisture content of a selected representative soil sample was evaluated using the Modified Proctor method in general accordance with ASTM D 1557. The results ofthe test are summarized on Figure B-2. Direct Shear Tests A direct shear test was performed on a remolded sample in general accordance widi ASTM D 3080 to evaluate tiie shear strengtti characteristics of the selected material. The sample was inundated during shearing to represent adverse field conditions. The resulls are shown on Figure B-3. l07t3MI0l RJIOC GRAVEL SANO FINES Coaise 1 Fine Ck>atse| Medium | Fine SILT 1 CUAY U.S. STANDARD SIEVE NUMBERS e 16 30 HYDROMETER so 100 200 0.0001 GRAIN SIZE IN MILLIMETERS Symbol Sample Location Depth (ft) Liquid Plastic LtonI Pla»li(»Hy Index D» D«o c. c. Passing No.200 USCS • B-1 2.5-5.0 --------28 SM PERFORMED IN GENERAL ACCORDANCE WnH ASTM D 422 GRADATION TEST RESULTS FIGURE B-1 PROJECT NO. DATE LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CALIFORNIA FIGURE B-1 107838001 12/14 LA GRAN VIA STORM DRAIN REPAIR CARLSBAD, CALIFORNIA FIGURE B-1 2000 0 0 1000 NORMAL STRESS (PSF) 2000 Description Symbol Sample Location Depth (ft) Shear Strength Cohesion, c (psf) Frtetion Angle, ^ (degrees) Soil Type Sllty SAND Remolded @ 90% Relative Compaction B-1 0.0-2.5 Peak 130 28 SM Sllty SAND Remolded @ 90% Relative Compaction B-1 0.0-2.5 Peak 130 28 SM Sllty SAND Remolded @ 90% Relative Compaction - -X - -B-1 0.0-2.5 Ultimate 130 28 SM PERFORMED IN GENERAL ACCORDANCE WTH ASTM D 3080 DIRECT SHEAR TEST RESULTS FIGURE B-2 PROJECT NO. DATE LA ORAN VIA STORM DRAIN REPAIR CARLSBAD, CAUFORNIA FIGURE B-2 107838001 12/14 LA ORAN VIA STORM DRAIN REPAIR CARLSBAD, CAUFORNIA FIGURE B-2 107038001 REMOLO SHEAR B-1 OOO-ZSxIt 140.0 130.0 120.0 I w 110.0 100.0 90.0 80.0 \ \ V 1 1 1 II 1 M 1 1 M 1 \ mm. Zero Air Vokl Line (Specific Gravity = 2.70) - —J Zero Air Vokl Line (Specific Gravity = 2.70) - -- / -> \ Zero Air Void Line (Specific Gravity s 2.60) - -Zero Air Void Line (Specific Gravity s 2.60) - - -Zero Air Void Une (Specific Gravity = 2.50) --Zero Air Void Une (Specific Gravity = 2.50) ---- -- - ---- ----- ----- ---- ----- ----- ---- ----- -- .J _ 0.0 5.0 10.0 15.0 20.0 25.0 MOISTURE CONTENT (%) 30.0 35.0 40.0 Sample Location Depth (ft) Soil Descriptton Proctor Dry Density (pcf) Optimum Moisture Content (%) B-1 0.0^2.5 SUty SAND (SM) 107.0 17.6 Dry Density and Moisture Content Values Corrected for Oversize (ASTM 0 4716^7) N/A N/A PERFORMED IN GENERAL ACCORDANCE VWTH 0 ASTM D 1557-12 QASRID 698-12 METHODHADBDC 5710 Rutfln Road. San Dleflo. CaHftifnla 92123 PROJECTNO. 107838001 DATE 12/14 PROCTOR DENSITY TEST RESULTS LA GRAN VIA STORM DRAIN REPAIR CARLSBAO. CALIFORNIA FIGURE 107B3S001PROCTORB-1 OOO^Sxh Appendix E Biotechnical Report Appendix F Standard Drawings 3/4" radius lug slot in both sides of rim 3/4" Ko. Pick Hole 2" X r diamond mat, 1/8" deep Open position mark, 1/8' deep groove in both sides of rim and cover. 1 1/4" TOP OF FRAME & COVER ^letters 1". high. no other inscription to Oio. Clear Opening *_ i '/'(•'•• u 1/8""R~'' 23 5/8" outside dio. of cover appear on exposed surfaces. SECTION THROUGH RIM 7/8" SECTION THROUGH FRAME & COVER mm-21 3/4' Dia. V/; 1 L^ 1/4" 7/8" • 3/8" — 3 1/4" 7/8" • 3/8" — — SECTION THROUGH LUG S«ne angle thnjughout- i Outline where rib joins ran Machined Surfoce^ / ^ ^ANT"**^ \ Lug. bolh sWes—' | \_5^g" p BOTTOM OF COVER NOTES 1. Frame and cover shall be cast iron. Cast iron shall confomi to ASTM 48, Class 30. 2. Frame and cover for use in non-traffic area only. 3. Weights: Frame 29 Ibs - 33 Ibs. Cover 95 Ibs. - 110 Ibs. 4. Imported frames ond covers shall have the country of origin marked in complkince with federal regulations. Outiine where ribs join 3/8: SECTION THROUGH RIB AT MIO RADIUS ® POR IMRK Sewer Projects Sewer Storm Drain Projects Storm Drain Water Projects Water Revision By Approved Dote SAN DiEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kerchevol 1Z/7S SAN DiEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Add Metric ^oviowod T. stonton T. Stonton 03/03 04/06 24- MANHOLE FRAME AND COVER LIGHT DUTY OifmriMrann R F IQO^C n^^h^ Mote Metric D. Cmehofrw 05/12 24- MANHOLE FRAME AND COVER LIGHT DUTY DRAWNG M o NUMBER "l-^ 24- MANHOLE FRAME AND COVER LIGHT DUTY DRAWNG M o NUMBER "l-^ -Machined Surface -See Delail 12 Ribs 4- 30* HALF PLAN FRAME & COVER ^ ^ 39 3/4" D 1/8'—iJL^'» 0 38 3/8" 0 38 1/8" 0—^ . . 24 1/2-D-H M/8'J^^ 24" 0-j 41/4" III 7 -'fo M-l 1 1/2' 1 t/2" 26" D —j 1/8" HALF SECTION FRAME Sc COVER Frame and cover shall be cast iron. Cost iron shall conform to ASTM 48, Cfoss 358. 314 Ibs - 363 Ibs. 285 Ibs - 330 Ibs. 147 Ibs - 171 Ibs. 2. Weights: Frame Outer Cover Inner Cover . .. ... Machine all motching surfaces and seats of frame and cover to prevent rocking. Imported frames ond covers shall have the country of origin marked in compliance with federal regulations. 7/16" DOM. Esm SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN OIEGO REGIONAL STANDARDS COMMITTEE ORIGINAL Kerchevol 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN OIEGO REGIONAL STANDARDS COMMITTEE Metric .ived T. stonton T. Stanton 03/03 04/06 36' MANHOLE FRAME AND TWO CONCENTRIC COVERS HEAVY DUTY pelete Metric D. Garachoffw 05/12 36' MANHOLE FRAME AND TWO CONCENTRIC COVERS HEAVY DUTY Chafrpehon R.CE. 19246 Dots | 36' MANHOLE FRAME AND TWO CONCENTRIC COVERS HEAVY DUTY DRAWNG .J 4 NUMBER M-O §4 bars placed diagonally PLAN TYPE PIPE DIAMETER (Dl) X Y Z B5 up to 51" 5' 4' 5' B6 54" to 60' 6' 4' 6' B7 63" to 69" 7' 4' 7' B8 72" to 81" 8' 4' 8' 89 84" to 90" 9' 4' 9' -See M-3 for manhole frame and cover NOTES 1. See D-11A & D-1 IB for additional notes and details. 2. All joints shall be set in Class C mortar. 3. Ail precast components shall be reinforced with 1/4" diameter steel wound spirally on 4' centers. 4. Maintain 1-1/2" clear spacing between reinforcing and concrete surface. 5. Concrete base shall be 560-C-3250. 6. Exposed edges of concrete shaH be rounded with a 1/2" radus. 7. Manhole cover to be marked "Storm Drain". 8. Modifications to "Y" dimension required if pipe (02) exceeds 39". 9. If constructed odjacent to sidewolk, top of manhole to motch sidewalk slope. See D-1 lA for step detail Bend down 15" (typ) Rounded pipe ends see D-61 Elev shown cn plans 4-|4 around pipe Slope floor 12:1 towards outlet •|30 D Lop (typ) X SECTION A-A LEGEND ON PLANS Revision By Approved Dote SAN DIEGO REGIONAL STANOARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ORIGIMAL Keichevai 12/75 SAN DIEGO REGIONAL STANOARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Add Metric T. Stanton 03/03 STORM DRAIN CLEANOUT - TYPE B Reformatted T. Stanton 04/06 STORM DRAIN CLEANOUT - TYPE B Reformatted T. Stanton 04/06 STORM DRAIN CLEANOUT - TYPE B Cho'^erson R.CE. 1S246 Dote Ed'ited T. Stonton 02/09 STORM DRAIN CLEANOUT - TYPE B DRAWING n in NUMBER LI-IU Edited S.S, T. Regello 03/11 STORM DRAIN CLEANOUT - TYPE B DRAWING n in NUMBER LI-IU 0 o r ^Vertical reinforcing #4 / 18" mox (typ) IE —1-1/2" CLR (typ) 2" (typ) TYPICAL BOX SECTION -JL- ^See table on D-1 IB for horizontal and floor rdnforcement T Approved steel reinforced- polypropylene step STEP DETAIL NOTES 1. 2. 3. 4. 5. 6. Concrele shall be 560-C-3250 unless otherwise noted. Reinforcing steel shall comply with this drawing (D-11A and D-1 IB) unless otherwise specified. Reinforcing steel shall be intermediate grade deformed bars conforming to lotest ASTM speciTicab'ons. Bends shall be in accordance with latest ACI code. Minimum splice length for reinforcing shall be 30 diameters. Floor shall have a wood trowel finish and, except where used as junction boxes, shall hove a minimum slope of 1:12 toward the outleL 7. Depth V is measured from the top of the stmcture to the flowline of the box. 8. Wall thickness and reinforcing steel required may be decreased in accordance with table on D-1 IB. 9. Wall thickness sholl be stepped on the outside of the box. 10. When the structure depth V exceeds 4', steps shall be cast into the wall at 15' intervals from 15" above floor to within 12" of top of structure. Where possible ploce steps in wall without pipe opening, otherwise over opening of smallest diameter. 11. Altemate step may be an approved steel reinforced polypropylene step. 12. Upon approval of the Agency, the use of precast storm structures is acceptable as an alternate to cast-in-place. Precast units shall conform to ASTM standards and be manufactured in a permonent facility designed for that purpose. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL SWmARpS COMMITTEE 'wiGWAL Kerchevol 12/75 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL SWmARpS COMMITTEE Vtetric T. stonton 03/03 INLETS AND CLEANOUTS NOTES AND DETAILS RECOMMENDED BY THE SAN DIEGO REGIONAL SWmARpS COMMITTEE Reformotted T. Stonton 04/06 INLETS AND CLEANOUTS NOTES AND DETAILS "^rff^V Chairperson R.CE. 19246 Oole Edited T. Stonton 02/09 INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n IIA NUMBER *^"'«A Edited S.S. T. Regello 03/11 INLETS AND CLEANOUTS NOTES AND DETAILS DRAWING n IIA NUMBER *^"'«A ' • >l.* TIE W AU TOP I ANKFXT' WiTH #4 BAf?S f A' cuNrrr BLANKET SEE NOTE 2 & 5 j4_BAsa 12 ON CEI E & W m i,-^.- , _i FOR GRADES OVER 50% WALL SECTION 'A' ELEVATION i -T(JP OF WALtr WITHOUT BLANKET » 6' ED SLOT RNISH GRADE -12" J e'ifMiN WALL SECTION *A' PLAN BACKRLL WATER OR SEWER MAIN a- TRENCH BOTTOM SLOPE PROTECTION I SEE WALI, , FOR GRADES 20% TO 50% NOTES: REFER TO AGENCY SPECIRCATIGNS WHERE APPUCABLE SECTION "A' i5 THE DETAILS SHOWN REPRESENT THE MINIMUM REQUIRED. THE ENGINEER OF WORK IS REQUIRED TO PROVIDE A SUBMITTAL TO THE AGENCY OF JURISDICTION FOR REVIEW AND APPROVAL BY THE AGENCrs ENGINEER PRIOR TO INSTALLATION 3) WALLS SHALL BE REINFORCED CONCRETE OR 8" x 8" x 16" CONCRETE BLOCK. REINFORCED AND ALL CORES FILLED WITH GROUT SEE SPECIFICATIONS 4) FOR GRADES OVER 50%. SLOPE PROTECTION SHALL ALSO INCLUDE AC PAVING, CONCRETE SLAB OR GUNITE BLANKET PLACED OVER THE PIPEUNE AUGNMENT 5) 4" GUNITE BLANKET WITH 6" SQUARE x 10 GAGE WIRE FABRIC AT THE ENGINEERS DISCRETION LEGEND ON PLANS Revision By Approved Dote SAN DiEGO REGIONAL STANDARD DRAWING RECOMMENDED BY IHE SAN OIEGO REQONAL STANDARDS COMMITTEE ...... ORIGINAL J. Tomosulo 10/04 SAN DiEGO REGIONAL STANDARD DRAWING RECOMMENDED BY IHE SAN OIEGO REQONAL STANDARDS COMMITTEE ...... Delete Metric MR B. KNOLL 03/11 SLOPE PROTECTION INSTALLATIONS SLOPE PROTECTION INSTALLATIONS Ovoft^ctson R.C.E. 19246 Dote SLOPE PROTECTION INSTALLATIONS DRAWING u/P-OS NUMBER UO SLOPE PROTECTION INSTALLATIONS DRAWING u/P-OS NUMBER UO