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HomeMy WebLinkAboutCHARLES KING COMPANY INC; 2012-01-04; PWS12-10UTILCITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Foxes Landing Lift Station Wetwell and Manhole Rehabilitations CONTRACT NO. 3840-8 BID NO. PWS12-10UTIL jf\ Revised 06/10/09 Contract No, 3840-8 Page 1 of 87 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 18 Bidder's Statement of Technical Ability and Experience 19 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 20 Bidder's Statement Re Debarment 21 Bidder's Disclosure of Discipline Record 22 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 24 Contract Public Works 25 Labor and Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 35 ^¥ Revised 06/10/09 Contract No. 3840-8 Page 2 of 87 Pages GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations, and Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 42 1-4 Units of Measure 45 1- 5 Symbols 46 Section 2 Scope and Control of the Work 2- 1 Award and Execution of Contract 47 2-2 Assignment 47 2-3 Subcontracts 47 2-4 Contract Bonds 48 2-5 Plans and Specifications 49 2-6 Work to be Done 52 2-7 Subsurface Data 52 2-8 Right-of-Way 52 2-9 Authority of Board and Engineer 52 2- 10 Inspection 53 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 53 3-2 Changes Initiated by the Agency 54 3-3 Extra Work 55 3-4 Changed Conditions 57 3- 5 Disputed Work 58 Section 4 Control of Materials 4- 1 Materials and Workmanship 61 4- 2 Materials Transportation, Handling and Storage 65 Section 5 Utilities 5- 1 Location 65 5-2 Protection 66 5-3 Removal 66 5-4 Relocation 67 5-5 Delays 67 5- 6 Cooperation 68 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 68 6-2 Prosecution of Work 69 6-3 Suspension of Work 69 6-4 Default by Contractor 70 6-5 Termination of Contract 70 6-6 Delays and Extensions of Time 70 6-7 Time of Completion 71 6-8 Completion, Acceptance, and Warranty 72 6-9 Liquidated Damages 72 6-10 Use of Improvement During Construction 73 Revised 06/10/09 Contract No. 3840-8 Page 3 of 87 Pages Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 Section 9 9-1 9-2 9-3 9-4 Responsibilities of the Contractor Contractor's Equipment and Facilities 73 Labor 73 Liability Insurance 73 Workers' Compensation insurance 73 Permits 74 The Contractor's Representative 74 Cooperation and Collateral Work 74 Project Site Maintenance 75 Protection and Restoration of Existing Improvements 76 Public Convenience and Safety 77 Patent Fees or Royalties 83 Advertising 83 Laws to be Observed 83 Antitrust Claims 83 Facilities for Agency Personnel (Not Used) Measurement and Payment Measurement of Quantities for Unit Price Work 84 Lump Sum Work 84 Payment 84 Bid Items 87 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01100 Supplemental info 01200 Measurement and Payment DIVISION 02 - SITE WORK 02760 Concrete Structure Rehabilitation DIVISION 15 - MECHANICAL 15600 Wastewater Bypass Pumping APPENDICES Appendix A Location and Site Map Appendix B Manhole Schedule of Work Appendix C Manhole inspection Reports Appendix D Reference "As-Built" Drawings Revised 06/10/09 Contract No. 3840-8 Page 4 of 87 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON NOVEMBER 30, 2011, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Rehabilitate the Foxes Landing Lift Station wetwell including full wastewater bypass of the lift station flows and rehabilitation of four (4) sewer manholes. FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 BID NO. PWS12-10UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Utilities Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. K Revised 06/10/09 Contract No. 3840-8 Page 5 of 87 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $65,000 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: "A" General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. K Revised 06/10/09 Contract No. 3840-8 Page 6 of 87 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award ofthe contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 11:00 a.m.; November 16, 2011. Interested bidders shall meet at the lift station site shown on Appendix "A" Location Map. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, 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 ofthe insurer's most recent annual statement and Revised 06/10/09 Contract No. 3840-8 Page 7 of 87 Pages quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Date 'Deputy City Clerk ¥ Revised 06/10/09 Contract No. 3840-8 Page 8 of 87 Pages CITY OF CARLSBAD FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 CONTRACTOR'S PROPOSAL QPEmO. WITNESSED AND City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Califomia 92008 I DATE SIGMATU^ t L The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and sen/ices required to do all the work to complete Contract No. 3840-8 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE Item No. 1 Description Mobilization at (Price in Words) Wastewater Bypass at (Unit Price in Words) Rehabilitate Sewer Manholes at PrV"f eVHgC^vP (Unit Price in Words) Rehabilitate Lift Station Wetwell at (Unit Price in Words) Approximate Quantity And Unit Not to Exceed $5,000 1 EA 1 EA Unit Price (Figures) $ S^i SOCP 4EA $ Total Amount (Figures) — 1 $31L15£_ $ 31.^ Revised 06/10/09 Contract No. 3840-8 Page 9 of 87 Pages Total amount of bid in words for Bid Schedule: V^^vVe^ h^K^^U^ |v4^yaiM^ Total amount of bid in numbers for the Bid Schedule. $ The basis of award will be the sum ofthe Bid Schedule Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). \^ \ A has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part ofthe Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of Califomia, validly licensed under license number 738236 , classification _^ which expires on 7/31 /2fl1 3 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directiy or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is hififier'<; hnnri (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) ofthe amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. ^¥ Revised 06/10/09 Contract No. 3840-8 Page 10 of 87 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 738236 ^ DISCLAIMER: A license status check provides information taken from the CSLB license database Before relymg on this information, you should be aware of the following limitations. aatabase. Before 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 S LTonXmation Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding: Workers' Compensation: 738236 Extract Date: 11/30/2011 CHARLES KING COMPANY 2841 GARDENA AVENUE SIGNAL HILL, CA 90755 Business Phone Number:(562) 426-2974 Corporation 07/18/1997 07/31/2013 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENEF^AL ENGINEERING CONTRACTOR D09 DRILLING. BLASTING AND OIL FIELD WORK CONTRACTOR'S BOND This license filed Contractor's Bond number 10123905 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORv: INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) KING CHARLES STEWART certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 10/04/1997 BQI's Bonding History This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY GOMPANY OF AMERICA littps://www2.csIb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=7... 11/30/2011 Check a License - License Detail - Contractors State License Board Page 2 of 2 Policy Number:DTJUB3452N74311 Effective Date: 06/02/2011 Expire Date: 06/02/2012 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. PersonneiUst || OtheTLicenses | Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=7... 11/30/2011 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: n/a (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP. SIGN HERE: n/a (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (5) E-Mail (Street and Number) . Telephone No. Revised 06/10/09 Contract No. 3840-8 Page 11 of 87 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Charles King Company Inc. (2), ature) Debra King - President/ Secretary/ Treasuer (Titie) (3) Incorporated under the laws ofthe State of California Impress Corporate Seal here (4) Place of Business 7.R41 Garfipna Avpniip (Street and Number) City and State Signal Hill. CA (5) Zip Code 907SS Telephone No. 562-426-2974 (6) E-Mail scott(5)undergroundwnrk.s.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ¥ Revised 06/10/09 Contract No. 3840-8 Page 12 of 87 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of LcT^ Aw/j^J t^^ On il 12^ 11 1 before me, ^Yir^vh Cv\^CUc\o, n^^bwy puMl^ , (Here insert name and title of the officer) personally appeared Y-1 ^ ' who proved to me on the basis of satisfactory evidence to be the personCs,) whose name^s) is/a^e subscribed to the within instrument and acknowledged to me that fte/she/they executed the same in h^/her/tk^ir authorized capacity(ib&), and that by Iks/her/thqr signature^) on the instrument the person^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Tti (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •> Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Debra King Charles KinR President/ Secretary/ Treasuer Vice President/ GM %3 ¥ Revised 06/10/09 Contract No. 3840-8 Page 13 of 87 Pages BID SECURITY FORM (Check to Accompany Bid) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 (NOTE: The following form shall be used if check accompanies bid.) n/a 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%) ofthe total amount ofthe 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; othenvise, the check shall be retumed 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 06/10/09 Contract No. 3840-8 Page 14 of 87 Pages Bond No. 073 BIDDER'S BOND TO ACCOMPANY PROPOSAL FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 KNOW ALL PERSONS BY THESE PRESENTS: ^ .^^^ National Insurance That we, Charles King Company, Inc. Principal, and Company of America as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) *SEE #1 BELOW* for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jolnlly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 in the City of Carlsbad, is accepted by Ihe City Council, and If the Principal shall duly enter Into and execute a Contract including required bonds and Insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain (n full force and effect, and the amount specified herein shall be forfeited to the said City. *#1 - TEN PERCENT OF THE AMOUNT OF THE BID (10%) In the event Principal executed this bond as an Individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Revised 06/10/09 Contract No. 3840-8 Pago 15 of 87 Pages Executed by PRINCIPAL this 28th day of November PRINCIPAL: Charles King Company, Inc. (name of Priocipal) (si^dhere) Debra K. King (print name here) President & Corp. Secretary (print name here) (title and organization of signatory) Executed by SURETY this , of November 28th day :2oii, SURETY: First National Insurance Company of America (name of Surety) c/o Lesron Insurance Agency, Inc. 1440 N. Harbor Blvd. .#610,Fullerton,CA 92835 (address of Surety) 714-441-2722 of Attorney-in-Fact) Ryan S. Mantle (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM; RONALD R. BALL City Attorney Revised 06/10/09 Contract No. 3840-8 Page 16ot87 Pages California AU-Purpose Acknowledgement State of Califomia } County of Los Angeles On before me,. Sarah Criscuolo , a Notary Public personally appeared r l< I ^ Notary Public Seal who proved to me on the basis of satisfactory evidence to be the person!^ whose name()s^ is/a)^ subscribed to the within instrument and acknowledged to me that he/ stfe/tMy executed the same in his/b^/tH^r authorized capacity(i^, and that by his/h)fi-/tl)^ir signature(^ on the instrument the person(iS), 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL Description of Attached Document Title or Type of Document: Document Date: _Number of Pages:_ Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) nbprint of Signer 1 • Individual • Corporate Officer: • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Thumbprint of Signer 2 • Individual • Corporate Officer: • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Lcr; fkTM/^M-^ On I \2.^\\\ before me, \ (A\l\Y\ CM\^ iAA.b\b ^ )f\0\v\v\l C (Here insert name and title of the officer; ' personally appeared ^IV^b KA V\l 1/1^ who proved to me on the basis of satisfactory evidence to be the person^ whose name^ is/^ subscribed to the within instrument and acknowledged to me that f[€/she/tl^ executed the same in Ijjg/her/th^ authorized capacity(i)i^), and that by l^ts/her/thji^r signature(^ on the instrument the person(^, or the entity upon behalf of which the personO^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia tha^t^ftift^oregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) 1^ Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Tmstee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in Ihe notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they^ is /are) or circling the conect forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orsase 1 On before me, Mary Martlgnonl - Notary Public personally appeared Here Insert Name and Trtle of the Officer Ryan S. Mantle Name(s) of Signer(s) 1 " " My Comrr iMARY MARTIGNONI | COMM. # 1947853 z NOTARY PUBUC - CAUFORNIA S ORANGE COUNTY 1. Expires Sept. 9, 201J 20151 who proved to me on the basis of satis^ctory evidence to be the person))^ whose name(^is^M6 subscribed to the within instrument and acknowledged to me that he/sl^ia!t^e7'executed the same in hi^flneffNpetf authorized capacit/(^, and that by his/[>sQlMif signature!^ on the instrument the persontj^ or the entity upon behalf of whicti the personjp^acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. ^ ^ Signature N Notary Public OPTIONAL Though the information tjelow is not required by law, it may prove valuaUe to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Ryan Mantle Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General [X Attorney in Fact • Trustee • Guardian or Consenrator • Other: Signer Is Representing: First National Insurance Company of America RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here National Notary Assodatior>9350DeSotoAve.,P.aBox2402-Chatsworth,CA 91313-2402-www.NationalNolary.org Hem#5907 ReonterCaBTolkFree 1-80087^6827 TH,IS.POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4687 130 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company"), a Washington stocic insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint. LES M. MANTLE, RYAN S. MANTLE, ALL OFTHE CITY OF FULLERTON, STATE OF CAUFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND oo/ioo««'"«"""«'"«"""««""'"">""""""""**"" DOLLARS ($ 50,000,000.00*"*"*""**"**"*""** ) each, and the execution of such undertakings, tends, recognizances and other surety ot)ligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. in O a 0) •o es. es. c 0) ro *• n c ra +j V. n £ u 4-3 o ra > tl "ra p. c O 1- 0)" o +.» o 5! c ra k- raw ra V O) t: ter o E 0) o ^ >» u ra c > 0) o z u That this power is made and executed pursuant to and by authority of the following By-law and Authorization; ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, txsnds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of First National Insurance Company of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this llth day of , 2011 . FIRST NATIONAL INSURANCE COMPANY OF AMERICA By . . ^ David M. Carey, As^stant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 11th dayof July , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHERE^^^^l£^^^t^ subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Tijresa Pasteila, Notary PubNc Piymouth Twp.. Montgomery Cou-nty Conimssslon Expires U^r. 28:2013 By f/Xoi^ i<dlll^ Teresa Pastella, Notary Public Gregory W. Davenport, Vice President ra •o (0 w « c •« 3 c ra c EE o a < fO "S" •-•o a> 5 « o E Q- ra .i2o O c 1^ ra 9> >• oo OT- CERTIFICATE \ \^ ^/ / Msiiiter, Pennsyivarta.AsociaiiefiofNotades, the undersigned, Vice N^^i^MA |p(5^f^KNatlonal Insurance Gompany of America, do hereby certify that the original power of attomey of which the foregoing is a full, true andcS>ffeet.ed^, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 ofthe By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 28th Novemher , 2011 . Company Profile Page 1 of 2 Company Profile FIRST NATIONAL INSURANCE COMPANY OF AMERICA 175 BERKELEY STREET BOSTON, MA 02116 Agent for Service of Process KAREN HARRIS, C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24724 NAIC Group #: OIH Califomia Company ID #: 0978-7 Date authorized in California: January 03, 1929 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON L T A np ines of insurance Authorized to 1 ransact 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 COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=3075 12/1/2011 Company Profile . Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PIVI Copyright © Califomia Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_cojprof7p_EID-3075 12/1/2011 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS ofthe General Provisions. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/09 Contract No. 3840-8 Page 17 of 87 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* PA:'^DMV\_-CtWTiK^ 4i L^MM*. CO. \ H'i -33, ?)-;jr Page _| of _| pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ^¥ Revised 06/10/09 Contract No. 3840-8 Page 18 of 87 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address ofthe Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract see attach ¥ Revised 06/10/09 Contract No. 3840-8 Page 19 of 87 Pages Ctiarles King Co., Inc. Reference Woric Job* Job Namp Owner Owner Cnntant Phone Type of Work Amount Date Comple Jobs Conipl(>ti^ri 5627 Plaza Del Amo Sewer Project City of Torrance Emmanual Martin (eng) (310) 618-3069 install gravity sewer 934,192.40 May-08 6127 15th Street - Westminster Blvd. Sewer Proj. Midway Ken Robbins (714) 893-3663 sewer replacement 1,374,469.50 Oct-08 1628 Elliot Street Lining Emergency - Long Beach LBWD Jimmy Chen (562) 670-2340 sewer rehab 22,136.85 Dec-07 2028 ESR Loma, 1st, Tremont, 2ncl in Long Beach LBWD Jimmy Chen (562) 570-2340 sewer replacement & rehab 139,227.09 May-08 2128 ESR West Fargo St., Yucca & Fival City of Los Angeles Ba Vu (323) 342-6041 sewer point repairs 357,000.00 Sep-08 3728 Various Locations Citywide Sewer Main Rehab City of Camarillo Lucy McGovem (805) 388-5334 sewer rehab 2,039,190.00 Apr-10 4228 2nd Street (1100) ESR City of Los Angeles Jon Haskett (213)486-6864 sewer repair 145,000.00 Sep-08 5628 ESR - Beverly Crest Dr./WILK&Hillcrest /Chiquita St. City of LA Jorge De La Torriente (213) 485-5836 emergency sewer repair 109,789.00 Oct-08 1229 Upgrade of Square WIH - Thousand Oaks City of Thousand Oaks Diana Lockyear (805) 449-2446 upgrade manholes 140,495.00 Sep-09 1329 Emergency Sewer/Storm Drain Project City of Glendale Dennis Ambayec (818) 937-8249 emergency repair project 20,000.00 Apr-11 1729 96" Sewer Pipe Liner San Diego Co Airport Auth. Dave Arthurs (858) 268-8080 lining 96" sewer 3,790,000.00 Nov-09 4629 Broadway Trunk Sewer Replace/Rehab. LBWD Robert Verceles (562) 570-2337 sewer rehab & replacement 798,119.82 Jun-10 5029 Spring Valley Outfall Sewer (Bonita) County of San Diego Jose Sandoval (858) 537-2500 sewer work & sewer bypass 2,200,000.00 May-10 1810 Goldenshore Sewer Lining LBWD Robert Verceles (562) 570-2337 sewer lining 20,000.00 Jun-10 2310 Rossmoor/Los Alamitos Sewer Dist. Rossmr/Los Al Sewer Dist. Eduardo Espinoza (AECOM (949) 476-3317 sewer point repairs 86,000.00 Jun-10 2410 California Bowl Sewer Lining & Rehab. LBWD Robert Verceles (562) 570-2337 sewer rehab & replacement 944,883.00 May-11 2610 Strathearn Place - Simi Valley City of Simi Valley Michael Kang (805) 583-6473 lining, bypass & structures 608,097.60 Sep-10 3610 LA Ave, Tapo Canyon Rd...Sewer Line Rehab. City of Simi Valley Michael Kang (806) 583-6473 sewer rehab. 738,311.00 Dec-10 3710 SSRP N15 Glendale Blvd. & Scott Ave. City of Los Angeles Ofelia Rubio (213)486-5869 sewer rehab & replacement 2,114,786.60 Jul-11 4410 Upper Beachwood West City of Los Angeles Gevork Mkrtchyan (213) 485-5919 manhole upgrade and related work 686,352.86 Oct-11 6410 Sewer Rehab Project FY 2008/2009 City of Chula Vista Public Works (619) 691-5027 sewer rehab 995,546.25 Oct-11 7510 Hansen Dam Ranger Station Project City of LA, General Services Theresa Torres (213)473-0652 sewer, water project 496,848.00 Aug-11 2211 ESR - 1409 Ogden St. City of Los Angeles Iraj (213) 923-4597 emergency sewer repair 140,000.00 Aug-11 2311 DeLong St/Watson St/Cresent Av Sewer Rehab City of Cypress Kamran Dadbeh (714)229-6700 sewer replacement 291,857.00 Jul-11 2711 Echo Park Boathouse City of LA, General Services Dean Masterman, Proj Mngi (213) 216-9705 grease interceptor 72,000.00 Oct-11 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: • Comprehensive General Liability • Automobile Liability • Workers Compensation • Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon -payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ^¥ Revised 06/10/09 Contract No. 3840-8 Page 20 of 87 Pages CEDE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/6/2011 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 ttie certificate tiolder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ttie terms and conditions of tlie 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 (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 NAME^^ Denise Cerna PRODUCER (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 (A/C."!. Exti: 714-733-6200 219 r>w,No): 714-252-8253 PRODUCER (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 ADDRESS: dcerna@bowermaster.com PRODUCER (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 CUSTOMER ID #:CHAKIN-001 PRODUCER (888) 825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 Cypress, CA 90630 INSURER(S) AFFORDING COVERAGE NAIC# INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER A Travelers Indemnity Company INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER B Travelers Property & Casualty Co of Amer. INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER C Chartis Specialty Insurance INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER D INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER E INSURED Charles King Company, Inc. 2841 Gardens Avenue Signal Hill, CA 90755 INSURER F COVERAGES CERTIFICATE NUMBER: 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 WVP POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X DT22C03452N743TCT11 3/30/2011 3/30/2012 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X DT22C03452N743TCT11 3/30/2011 3/30/2012 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 A CLMMS-MADE X OCCUR X DT22C03452N743TCT11 3/30/2011 3/30/2012 MED EXP (Any one person) $ 5,000 A X DT22C03452N743TCT11 3/30/2011 3/30/2012 PERSONAL & ADV INJURY $ 1,000,000 A X DT22C03452N743TCT11 3/30/2011 3/30/2012 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X DT22C03452N743TCT11 3/30/2011 3/30/2012 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X jEcf LOC X DT22C03452N743TCT11 3/30/2011 3/30/2012 $ A Aun X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A Aun X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 BODILY INJURY (Per person) $ A Aun X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 BODILY INJURY (Per accident) $ A Aun X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 PROPERTY DAMAGE (Per accident) $ A X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 $ A OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS X DT8103452N743TCT11 3/30/2011 3/30/2012 $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE DTSMCUP3452N743TIL11 3/30/2011 3/30/2012 EACH OCCURRENCE $ 3,000,000 B UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE DTSMCUP3452N743TIL11 3/30/2011 3/30/2012 AGGREGATE $ 3,000,000 B DEDUCTIBLE RETENTION $ 10,000 DTSMCUP3452N743TIL11 3/30/2011 3/30/2012 $ B X DEDUCTIBLE RETENTION $ 10,000 DTSMCUP3452N743TIL11 3/30/2011 3/30/2012 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE j 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A DTJUB3452N74311 6/2/2011 6/2/2012 Y WC STATU- OTH-^ TORY LIMITS ER B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE j 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A DTJUB3452N74311 6/2/2011 6/2/2012 E.L. EACH ACCIDENT $ 1,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE j 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A DTJUB3452N74311 6/2/2011 6/2/2012 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE j 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A DTJUB3452N74311 6/2/2011 6/2/2012 E.L DISEASE - POLICY LIMIT $ 1,000,000 C Pollution Liability CPL3850939 3/30/2011 3/30/2012 $5,000,000/Ded:$10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Foxes Landing Lift Station Wetwell and Manhole Rehabilitations Bid No. PWS12-10UT1L, Project No. 3840-8 City of Carlsbad is an Additional Insured with respects to General Liability per attached endorsement form CGD2460805. With respects to Auto Liabilitv oer attached endorsement form CAT3530609. See attached cancellation endorsement form ILT0010107 and IL02700908. CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 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 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Charles King Company, Inc. Policy Number: DT22C034S2N743TCT11 Policy Period: 03/30/2011 to 03/30/2012 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCiAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section ll) is amended to include any person or organization that you agree in a "written contract requiring insurance" lo include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided lo the additional insured by this endorsement Is limited as foliows; a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional Insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Seclion III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided lo the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy pertod, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, ana we wili not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see fo it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and othenwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 12005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 Named Insured: Charles King Company, Inc. Policy Number: DT8103452N743TCT11 .Policy Period: 03/30/2011 to 03/30/2012 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Wilh respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read ali the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.I., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded oniy un- til the 180th day afler you acquire or form the or- ganization or the end of the policy period, which- ever is earlier, 8. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE OF USE - INCREASED LIMIT LOSS I. J. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.I., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Indudes the copyrighted riialerial of Insurance Services Office, Inc. with its permission. Page 1 of 4 COMMERCIAL AUTO 2. The foiiowing replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "aulos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business, However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11 ~ LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - LIABILITY COVERAGE: (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of eamings up to $500 a day be- cause of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV- BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent 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 house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United Slates of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other In- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or In the settlement of, any claim or "suit". (d) We will reimburse the "insured": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, lhat the "insured" pays with our consent, but only up to the limit described in Paragraph C, Limit Of Insurance, of SECTION II - LIABILITY COVERAGE; (li) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up lo and induded within the limit de- scribed in Paragraph C, Limit Of Insurance, of SECTION II - LIABILITY COVERAGE, Page 2 of 4 © 2009 TSie Travelers Companies, Inc. Indudes the copyrighted material of Insurance Services Office, Inc. wilh its permission. CA T3 53 06 09 COMMERCIAL AUTO and not in addition to such iimit, Our duty to make such payments ends when we have used up the applicable ilmll of Insurance in payments for damages, settlements or defense expenses. (2) This insurance Is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply wilh compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". i. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence In Para- graph A.4.a., Transportation Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: We wil! pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The foiiowing Is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "Insured"; and (2) in or on your covered "auto". This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due lo a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.l.c, but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is l^nown to: (a) You (if you are an Individual); CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Indudes Ihe copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 4 COMMERCIAL AUTO (b) A partner (If you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (If you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided thatthe "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information gwen by you shall not prejudice your rights under this Insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc. with ite permission. CA T3 53 06 09 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. Cancellation 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled, that date will become the end of the policy period. If a Coverage Part is cancelled, that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named Insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or rec- ommendations we may make relative to certi- fication, under state or municipal statutes, or- dinances or regulations, of boilers, pressure vessels or elevators. E. Premiums 1. The first Named Insured shown in the Decla- rations: a. Is responsible for the payment of all pre- miums; and b. Will be the payee for any return premi- ums we pay. 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Declarations was com- puted based on rates and rules in effect at IL TO 01 01 07 (Rev. 06-09) Includes the copyrighted material cf Insurance Sen/ices Office, Inc. with its permission . Page 1 of 2 the time the policy was issued. On each re- newal continuation or anniversary of the ef- fective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. G. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations, the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and this policy is counter- signed by the officers listed below: The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) Secretary President Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with Its permission . IL TO 01 01 07(Rev. 06-09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellatton Com- mon Policy Condition are replaced by the follow- ing: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named In- sured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the rea- son for cancellation, at least: a. 10 days before the effective date of can- cellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her repre- sentative in obtaining this insur- ance; or (b) You or your representative in pursuing a claim under this pol- icy. b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we is- sued and due during the current pol- icy term covering the same risks. (2) Discovery of fraud or material misrep- resentation by: (a) Any insured or his or her repre- sentative in obtaining this insur- ance; or (b) You or your representative in pursuing a claim under this pol- icy. (3) A judgment by a court or an adminis- trative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negli- gent acts or omissions, or of any vio- lations of state laws or regulations es- tablishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if IL 02 70 09 08 ISO Properties, Inc., 2007 Page 1 of 3 that failure niaterially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our rein- surance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy cover- age would: (i) Place us in violation of Cali- fornia law or the laws of the state where we are domi- ciled; or (ii) Threaten our solvency. (7) A change by you or your representa- tive in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named In- sured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to cover- age on tenants' household personal property in a residential unit, if such coverage is writ- ten under one of the following: Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cov- erage we previously issued, we may can- cel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cov- erage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium sur- charge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Para- graph D. Covered Causes Of Loss - Special. C. The following is added and supersedes any pro- visions to the contrary: NONRENEWAL 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of re- cord, at the mailing address shown in the pol- icy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential Page 2 of 3 © ISO Properties, Inc., 2007 IL 02 70 09 08 unit, if such coverage is written under one of the following: Capital Assets Program (Output Policy) Cov- erage Part Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Forni a. We may elect not to renew such cover- age for any reason, except as provided in b., c. and d. below: b. We will not refuse to renew such cover- age solely because the first Named In- sured has accepted an offer of earth- quake coverage. However, the following applies only to in- surers who are associate participating in- surers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the ap- proved rating plan and related docu- ments filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazard- ous condition includes, but is not lim- ited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policy- holder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial in- crease in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitablfe, and that is responsive to the changes in our reinsurance po- sition. c. We will not refuse to renew such cover- age solely because the first Named In- sured has cancelled or did not renew a policy, issued by the California Earth- quake Authority that included an earth- quake policy premium surcharge. d. We will not refuse to renew such cover- age solely because corrosive soli condi- tions exist on the premises. This Restric- tion (d.) applies only if coverage is sub- ject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Para- graph D. Covered Causes Of Loss - Special. We are not required to send notice of nonre- newal in the following situations: a. If the transfer or renewal of a policy, with- out any changes in terms, conditions, or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.I. c. If you have obtained replacement cover- age, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be re- newed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.I., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 3 of 3 ND ASSOCIATES THE NEXT GENERATION INSURANCE AGENCY November 28, 2011 City Council City of Cartsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Charles King Company, Inc. Foxes Landing Lift Station Wetwell and Manhole Rehabilitation Contract No. 3840-8 Insurance Requirements To Whom It May Concern: This is to confirm the above mentioned insured's carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employers Liability in conformance with the requirements herein and Certificates of Insurance to the Agency showing conformance with the requirements herein. Should you have any questions/concerns regarding this matter, feel free to contact me direct. Sincerely, Bryan Diem Commerciai Insurance Advisor Bowermaster & Associates LOS ANGELES • ORANGE COUNTY • INLAND EMPIRE - VENTURA • SACRAMENTO • NEVADA Corporate: 10805 Holder Street, Suite 350, Cypress, CA 90630 • Mail Address: P.O. Box 6026, Cypress, CA 90630 Phone: 888.825.4322 • Fax: 714.252.8253 • www.bowerniaster.com • CA License No.0D796l3 CERTIFICATE OF ACKNOWLEDGMENT State of California County of bYCo/yOyC ) OnJl Date before me, ^tWv\V] •ffiK\^^i^--A/z>MrM pufc^/<^. personally appeared Bn>]fi-v> 77i"-g^tv\ ' Name(s) of 5 (here insert name and title ofthe officer) Name(s) of Slgner{s) who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under PENALTYOF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNAHINNEN \ COMM #1880658 in Notary PubHoCaWbmla SS v^iutt^^/ 0RAN6EC0UMTY \ N^^P^ My Comm. Exp. FEB 21,2014 \ ? < If f I I > • » iwriw^rT^ » » T > »I Place Notary Seal Above BIDDER'S STATEMENT RE DEBARMENT (To Acconnpany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? XXX yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. n/a party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Charles King Company Inc. Debra King - Pres/ Sec/ Tres (print name/title) Page _J of 1 pages of this Re Debarment form •r Revised 06/10/09 Contract No. 3840-8 Page 21 of 87 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? _XX yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? XX yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? XX yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? _xx— 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. n/a — (If needed attach additional sheets to provide full disclosure.) Page 1 of _J pages of this Disclosure of Discipline form ^f' Revised 06/10/09 Contract No. 3840-8 Page 22 of 87 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. n/a (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Charles King Company Inc. (name of Contractor) Debra King - Pres/Sec/Tres (print name/title) Page 1 of i pages of this Disclosure of Discipline form ^¥ Revised 06/10/09 Contract No. 3840-8 Page 23 of 87 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 State of California ) ) ss. County of Los Angeles ) Charles King Company Inc. , being first duly sworn, deposes (Name of Bidder) and says that he or she is President critie) of Charles King Company Inc (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 28th day of Nm/pmhpr , 20JL1_- Signature bf.Sidder Subscribed and sworn to before me on the day of , 20_ (NOTARYSEAL) %i< H WUAT^ j\AA Signature of Notary ^¥ Revised 06/10/09 Contract No. 3840-8 Page 24 of 87 Pages Jurat State of Califomia County of LJTK A-j/]/A^-t ^ Subscribed and sworn to (or affirmed) before me on this ^^"^^ day of N O/-/^ VVX l^'iy^ 20jl_ by ^h<yi^]//y\ \C\ 1/^^ proved to me on the basis of satisfactory evidence to be the person(^ who appeared before me. Signature (Notary seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in Califomia after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a Jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re-signed in front of the notary public during the jurat process. State and County information must he the State and County where the document signer(s) personally appeared before the notary public. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. Print the name(s) of document signer(s) who personally appear at the time of notarization. Signature of the notary public must match the signature on file with the office of the county clerk. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. • Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. • Indicate title or type of attached doctmient, number of pages and date. Securely attach this dociunent to the signed document 2008 Version CAPA vl.9.07 800-873-9865 www.NotaryClasses.com CONTRACT PUBLIC WORKS This agreement is made this day of Ot^riuciircf , 20l3L( by and between the City of Carlsbad, California, a municipal corporation,Thereinafter called "City"), and Charles King Company whose principal place of business is 2841 Gardena Avenue Signal Hill CA 90755 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Rehabilitation of the Foxes Landing Lift Station wetwell and four sewer manholes with an epoxy lining system. Lift Station wetwell rehabilitation includes a full wastewater bypass pumping system. FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. ¥ Revised 06/10/09 Contract No. 3840-8 Page 25 of 87 Pages conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or 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. Revised 06/10/09 Contract No. 3840-8 Page 26 of 87 Pages 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance 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. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the ^¥ Revised 06/10/09 Contract No. 3840-8 Page 27 of 87 Pages City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all ofthe 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 ofthe Department of Insurance ofthe State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. Revised 06/10/09 Contract No. 3840-8 Page 28 of 87 Pages (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above, init L^'— init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. ^'¥ Revised 06/10/09 Contract No. 3840-8 Page 29 of 87 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: (name of Cofitractor) (sign herej i}f^(AV\-fj& k - Vl py-^i (print nam§ and title) a municipal corporation of y^^rCity iwanager ATTEST: LORRAINE M. WOOD, Ci President or vice-president and secretary or assistant secretary must sign for corporations. ^ only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ^^¥ Revised 06/10/09 Contract No. 3840-8 Page 30 of 87 Pages California All-Purpose Acknowledgement tate of Califomia } County of Los Angeles On before me,_ Sarah Criscuolo a Notary Public personally appeared Debra King and Charles King yjUi'lHidf;,/, 0 ' lo ^ Notary Public Seal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iX'are subscribed to the within instrument and acknowledged to me that ^/ ste/they executed the same in ^s/ljcr/their authorized capacity(ies), and that by l|j^/t)fr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Number of Pages:_ Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Thumbprint of Signer 1 • Individual ^ Corporate Officer: Pres/Sec/Tres • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Thumbprint of Signer 2 • Individual S Corporate Officer: Vice President • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: PREMIUM INCLDDED IN PERFORMANCE BOND Bond No. 024038415 LABOR AND MATERIALS BOND WHEREAS, City of Carlsbad, State of California, has administratively awarded to Charles King Company, Inc .(hereinafter designated as the "Principal"), a Contract for: FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840 8 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the fumishing of a bond, provioir.g ll iat i; Piincipi;! o,- uny of iheir subcontractors shall fail to pay for any materials, provisions, prov&.nder cr o h-.r 3-.;j|:! c'o or teams used in, upon or about the performance of the work agreed to be done, or ror any worK or labor done thereon of any kind the Surety on this bond will pay the same lo Ihs ex;ent liefeiDafio.' set foith. Charles King NOW, THEREFORE, WE, Company, Inc. . as Principal, (hereinafter designated as the Contractor"), and First National Insurance Company or America _— _ _ as Surety, a,e held fir.mly bound unto the City of Carlsbad in the sum of One Hundred Nineiten Thcusana Sev/en riu.ndiec; Fifty Dollars ($119 750) said sum being an amount equal to: One hundred p-ice.it (1C:%- totrJ amount payable under the terms of the contract by the City of Carlsbad, and fcr which payr.iect v.eli and truly to be made we bind ourselves, our heirs, executors and adiiiinisi.-ators, succeoSGra, or assigns, jointly and severally firmly by these presents. ^ i J y, THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any matenals, provisions, provender, s jcpi.-j, c;- ;ea,rs used in, upon for or about the performance of the work cont.-act£d to be dci.e, o/ K;,- a.-^y otiiet wo.s'c cr labor thereon of any kind consistent with California Ci.il Ccoo s.3;(io,n o161, iz: a.iourls d^e under the Unemployment Insurance Code with respect to ;he work or iacor pei lorir.yj judei tl .is Contract, or for any amounts required to be deducted, witl-,h,eld, and paid ovei .o tho Z.r.p.oyrnenl Development Department from he wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and laboi, that the Surety will pay for the same, and, also, in case suit is brought upon thi bond, .-eascr.able attorney's fees to be fixed bv the court consistent with Califorria Civil Code sectio,, 3^ 15. This bond shall inure to the benefit ol s,.:y ot tie poiscr.s ..a-..in California Civil Code section bond ^° ^"'^ ^ ''^ '^"^^^ per:>o,-ii c; ihew ai^siyns ,n any suit brought upon the Surety stipulates and agrees that .-.o change, extension cf time, aljeration or addition to the terms of the Contract or to the work to b= pe.-forrned he.-eunde.- or il-,e specifications accompanying the same shall affect Its obligations on this l:ond, and it doe^j heiety waive notice of any change, extension of time, alterations or addition to the terms of the coniracl o; to t.ne work or to the specifications Revised 06/10/09 ContnctN_> -?/,-'~-f-, Page 31 of 87 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR ttiis 8th day of December , 20 11 E.vecuted by SURETY this. of December 8th 20 -day 11 CONTRACTOR: Charles King Company, Inc. (name of Contragtor) (sign here) Debra K. King (print name here) PresidenJ^ySp Corp. Secretary SURETY: First National Insurance Company of America (name of Surety) c/o Lesron Insurance Agency, Inc. 1440 N. Harbor Blvd. ,#610. Fullerton. CA 92835 (address of Surety) 714-441-2722 (telepttbne nuniier of Surety) ^signature of Attorney-in-Fact) Ryan S. Mantle (print name here) (printed name of Attorney-in-Fact) (.-."-.c:'-, corporate resolution showing current power of attorney) Vicf Pr-^idr^f- (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 secretan^ must sign for corporations If only one officer signs, the corporation must attach a resolution certified by toe ^ecreta.^ or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORf»/i; RONALD R. BALL City Attorney Deputy Cfty Revised 06/10/09 Contract Mo. 3840-c. Page 32 of 87 Pages California All-Purpose Acknowledgement State of Califomia } County of Los Angeles On before me. Sarah Criscuolo _, a Notary Public personally appeared Debra King and Charles King |5 SEr^-^'l^^ 4 Notary Public Seal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iX'are subscribed to the within instrument and acknowledged to me that Ijip/ ste/they executed the same in ^s/iicr/their authorized capacity(ies), and that by lji^/l)fr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL Description of Attached Document Title or Type of Document:. Document Date: Number of Pages: Signer(s) Other than Named Above:. Capacity(ies) Claimed by Signer(s) Thumbprint of Signer 1 • Individual Corporate Officer: Pres/Sec/Tres • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Thumbprint of Signer 2 • Individual S Corporate Officer: Vice President • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OrangB On o^^V before me, Mary Martignoni - Notary Public ) Here Insert Name and Tide of the Officer personally appeared Ryan S. Mantle Nafrie<s) of Signer(s) MARY MARTIGNONI | COMM. # 1947853 ^ NOTARY PUBLIC - CALIFORNIA?" ORANGE COUNTY My Comm. Expires Sept. 9, 2015] Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person|)j^ whose name(^is/(^ subscribed to the within instrument and acknowledged to me that he/sl)09i|^e^ executed the same in hi^fhe^fVpeif authorized capacity(ijik), and that by hlsJ^sOjb**^ signatureljsy on the instrument the persoritj^ or the entity upon behalf of which the personj?S)L.acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. — Signature ol Notdry r '' * Public OPTIONAL Though the infonnation betow fe not required tiy law, it may prove valuatile to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. — Document Date: . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Ryan Mantle Signer's Name:. • Individual • Corporate Officer —Title(s): • Partner — • Limited • General a Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of ttiumb tiere Signer Is Representing:. First National Insurance Company of America Signer's Name: • Individual • Corporate Officer — Title(s): . • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb tiere Signer Is Representing: ^^^^i^^^^^^^OOeS^^Zi^^^^l^ ltem#5907 Reorier:CaJIToll-l^1.80(M76.6827 , THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4687 139 4 This Power of Attorney limits the acts of those named tierein, and they have no authority to bind the Company except in the manner and to the extent hGrcin ststGCl FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint. LES M. MANTLE, RYAN S. MANTLE, ALL OFTHE CITY OF FULLERTON, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND oo/ioo*>*>*"""««>"'«'»«""«""««""""""""""«" DOLLARS {$ 50,000,000.00*""*"""*"*******"** ) each, and the execution of such w o a. a> es. ^ es. c ffi re n C re *s re 3 2 ra u ffi «-3 o re k. 0) > re ffi 3 n r" (I 0* k. ffi" O o ffi *.* c re „ 1. ffi 4-1 raw re ffi ra •c ter o c E ffi w *.* O P u re c > ffi o 3 z u undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey Assistant Secretary of First National Insurance Gompany of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this llth day of , 2011 . FIRST NATIONAL INSURANCE COMPANY OF AMERICA V,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss On this 11th day of July 2011 By_ _ David M. Carey Assistant Secretary before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the direction of said corporation IN TESTIMONY WHEREi first above written. CERTIFICATE subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year Teresa F'astsiiS> Nolary PubNc Piymouth 1wp,. MontQomsry County My Corrsmlssbn Exp^rfift mr. 28,2013 MftiTibsr. P&nnsyivania AasocJation of ^J^)tan&s By. Teresa Pastella, Notary Public IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this_ December . 2011 y^SsS m 8th Gregory W. Davenport, Vice President >« re •o II) tf) ffi c '« 3 >« C re c EE o a < m •S' I.T3 ffi C 5 « Q- re .52 o o c f'ffi iC CO oo 1, the undersigned, Vice B^^^^(^^*^ational Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true ana&3we^.«ti^, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary ofthe company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. day of $1724.00 PREMIDM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 024038415 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, City of Carlsbad, State of California, has administratively awarded to Charles King Company (hereinafter designated as the "Principal"), a Contract for: FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT N)0 IS'tO-S in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by iiiis reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing cf a bond fcr tue f:iii,i,'ul p£r,orma,,ci aiia wdiranty of said Contract; Charles King NOW, THEREFORE, WE, Company, Inc. , as Principal, (nereinafter designated as the "Contractor"), and Fir.<;t National Insurance Company of America — as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Nineteen l iiouuand Seven Hundred Fifty Dollars ($119,750), said sum being an amount equal to: One hundred percent (100%) of ttie total amount payable under the terms of the contract by the City of Carlsbad, and tor w,';,c.i paviheiit well and truly to be made we bind ourselves, our heirs, executors and aoiviiiiibli-aiors. iuo^^eusori, or iissigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if lite above bounden Contractor, their heirs, executors, administrators, successors or assigns, sna!. in a'l J-.ingi s;ai-id to and abide by, and well and truly keep and perform the covenants, conditions, ind agreements in the Contract and any alteration thereof made as therein provided on their part, to bi- ksp: and performed at the time and in the manner therein specifi.'id, and i,- aii re;.pects acccrdnig [j Iheir i.'ue .r.ienl and meaning, and shall indemnify and save harr.iieso the City ul Cailoljua, jr,;..c!i, eiviployees and agents, as therein stipulated, then this obligation shall become nuli and vou: otiierwise it shall remain in full force and effect. As a part of the obligation secuisd thereby ane' in addii.on io tiie .'aoa aniou;-it specified therefore, there shall be included costs anc reasonable expe.vits and ioea, including reasonable attorney's fees, incurred by the Ci;y in si^ccessruliy envorci,i£ ijuc,-; cL;igjt,o,,, all to be taxed as costs and included in any judgment reridsrad. Surety stipulates and agrees thit no citinga, i'xte.ii.o;-, o.^ i :',.>i, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its ooligations on this bond, and ii does hereby waive notice of any change, extension of time, alte.'-ations or additio.i to the ter;,-,= o. {hu conlr>iC'; or to ihe work or to the specifications. •r Revised 06/10/09 rc,v,:;.c' .r,-;'. -;l Page 33 of 87 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 8th day of December 20 Executed by SURETY this 8th December 20. day of 11 CONTRACTOR: Charles King Company Inc. (name of Contractor) By:. SURETY: First National Insurance Company of America (name of Surety) c/o Lesron Insurance Agency, Inc. 1440 N. Harbor Blvd. ,#610, Fuller ton, CA 92835 (sign here) Debra K. King (address of Surety) 714-441-2722 (print name here) President,& Corp. Secretary (Title and Organization of Signatory) (ieiephone number tire of Attorney-in-Fact) Ryan S. Mantle (pi!r;!c-d tvdP.-e of Attorney-in-Fact) ;,^ftach corporate resolution showing current power of iUcrnoy.) (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CON7 RACT OR and SURETY must be attached.) (President or vice-president and secretary or assi:;b,;. 33c:.iiJiy .lu.st sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy Cify Attorney Revised 06/10/09 Contract Mo. 3840-3 Page 34 of 87 Pages California All-Purpose Acknowledgement State of Califomia } County of Los Angeles On MM-. before me,. Sarah Criscuolo a Notary Public personally appeared Debra King and Cliarles King =9 ^1"' « 1 w 1oi 0~ Notary Public Seal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iX'are subscribed to the within instrument and acknowledged to me that Ijip/ ske/they executed the same in ^s/ticr/their authorized capacity(ies), and that by Iji^/b^r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature OPTIONAL Description of Attached Document Title or Type of Document Document Date: 1 LFocumeni _Number of Pages:_ Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Thumbprint of Signer 1 • Individual Corporate Officer: Pres/Sec/Tres • Partner - • Limited • General • Attomey-in-Fact • Tmstee • Guardian or Conservator • Other: Signer is Representing: Thumbprint of Signer 2 • Individual S Corporate Officer: Vice President • Partner - • Limited • General • Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On ^•^'^^^OVV before me, Mary Martignoni - Notary Public } Here Insert Name and Titie of flie Officer personally appeared Ryan S. Mantle Name(s) of Signer(s) MARY MARTIGNONI | COMM. I'M 947853 2 NOTARY PUBUC - CAUFORNIA S I ^^^gP' ORANGE COUNTY j I My Comm. Expires Sept. 9, 20151 who proved to me on the basis of satisfactory evidence to be the personj^ whose name{^ is^rS subscribed to the within instrument and acknowledged to me that he/sl5«j^ey executed the same in hidtie^yijjeff authorized capacityti^, and lhat by hisJ^aOpeff signatureO^ on the instrument the personlji^ or the entity upon behalf of which the personJ|6)L.acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Sign, OPTIONAL Though the information tielow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: -. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies} Claimed by Signer(s) Ryan Mantle Signer's Name: • Individual • Corporate Officer—-TitMs): • Partner — • Limited • General a Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. First National Insurance ConoanY of America Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Ottier: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, Reo^r:C.IT*r^,.80C«7^7 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4687 138 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint. LES M. MANTLE, RYAN S. MANTLE, ALL OFTHE CITY OF FULLERTON, STATE OF CAUFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND QQ/IOQ"""""""""""""""""'""""*"""""'" DOLLARS ($ 50,000,000.00*****""*""""*"*"** ) each, and the execution of such (0 o Q. •2 =55 O 0) c" «V O _ <o o „ L. 0 4^ re g> %1 !» I- 4-1 o ra (0 c > ffi O 3 o undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey Assistant Secretary of First National Insurance Company of America, is authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of First National Insurance Gompany of America has been affixed thereto in Plymouth Meeting, Pennsylvania this nth day of ^ , 2011 FIRST NATIONAL INSURANCE COMPANY OF AMERICA COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss On this nth day of. July 2011 By__ David M. Carey Assistant Secretary before me, a Notary Public, personally came David M. Carey to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREi first above written. CERTIFICATE subscribed my name and affixed my notarial seal at Plymouth Meetini ^ Pennsylvania, on the day and year Noiarsal Sc<4 TiMQ.sa PasiteNs, Noti^r/ FubN? PiymoUih Vwp., Montgomery County My C«;^mi«sk)n Expires Mar. .$8,2013 itina, Pennsyivs By. Terela Pastella, Notary Public I, the undersigned, Vice B^S|^^r^(«^^ational Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and^Dwestecfpy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 ofthe By-laws of First National Insurance Company of America. >i re T3 (0 (A ffi c M 3 n >» c ra c EE o a < CO •-•2 ffi c S « Q- re .i2o r« O C <» .Fffi 13 •= ffi re >• — CO o< This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 8th day of December 2011 Gregory W. Davenport, Vice President OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between ttie City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and _whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request ofthe Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which 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. Revised 06/10/09 Contract No. 3840-8 Page 35 of 87 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. For Contractor: Address 1635 Faraday Avenue, Carlsbad. CA 92008 Title Name For Escrow Agent: Signature. Address _ 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 06/10/09 Contract No. 3840-8 Page 36 of 87 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address For Escrow Agent: Title Name Signature. Address Revised 06/10/09 Contract No. 3840-8 Page 37 of 87 Pages GENERAL PROVISIONS FOR FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS CONTRACT NO. 3840-8 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 ofthe 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 otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import ofthe 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 8/10/10 Contract No. 5503-3 Page 38 of 87 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 Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental ^¥ Revised 8/10/10 Contract No. 5503-3 Page 39 of 87 Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. /\ ^¥ Revised 8/10/10 Contract No. 5503-3 Page 40 of 87 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 ofthe 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 8/10/10 Contract No. 5503-3 Page 41 of 87 state - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. /\ ^¥ Revised 8/10/10 Contract No. 5503-3 Page 42 of 87 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonltriie - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS ^ Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLP Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DP Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWV APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant PL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe ^•f^ Revised 8/10/10 Contract No. 5503-3 Page 43 of 87 H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of cun/ature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent pp Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT RAA/ Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Resen/oir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered stmctural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction 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 ^¥ Revised 8/10/10 Contract No. 5503-3 Page 44 of 87 TOPO Topography VC Vertical cun/e TR Tract VCP Vitrified clay pipe TRANS Transition VERT Vertical TS Traffic signal or transition structure VOL Volume TSC Traffic signal conduit VWD Vallecitos Water District TSS Traffic signal standard W Water, Wider or Width, as applicable TW Top of wall WATCH Work Area Traffic Control Handbook TYP Typical WI Wrought iron UE Underground Electric WM Water meter USA Underground Sen/ice Alert WPJ Weakened plane joint VAR Varies, Variable XCONN Cross connection VB Valve box XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. €5 ^^¥ Revised 8/10/10 Contract No. 5503-3 Page 45 of 87 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (^im) 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 (mij „ 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 (ft) 0.0283 cubic meter {m ) 1 cubic yard (yd^) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa' s) 1 centistoke (cs) 1 square millimeters per second (mm /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): T = (1.8 x °C) + 32:.... °C = (T - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Svstems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes , kilo (k) 10 2 centi (c) 10 milli (m) lO;^ micro (n) 10 g nano (n) 10.12 pico (p) 10 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) Degree PL Property line CL Centeriine SL Survey line or station line ^¥ Revised 8/10/10 Contract No. 5503-3 Page 46 of 87 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. 2rZ SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as othenvise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 8/10/10 Contract No. 5503-3 Page 47 of 87 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature ofthe authorized agent ofthe 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 ofthe 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, ofthe 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 ofthe 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. ^¥ Revised 8/10/10 Contract No. 5503-3 Page 48 of 87 Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one set of drawings. The set is designated as City of Carlsbad Drawing No. DWG 473-3 and consists of three sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipai 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 ofthe Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Technical Specifications Revised 8/10/10 Contract No. 5503-3 Page 49 of 87 4) Contract addenda, whichever occurs last. 5) Contract 6) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 7) Plans. 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportafion Standard Specifications. h) California Manual on Uniform Traflic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construcfion, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabefical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 50 of 87 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 th§ 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: Itemti 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 Facilities Polyethylene Liner Installation 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. 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. ^•r Revised 8/10/10 Contract No. 5503-3 Page 51 of 87 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting informafion shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construcfion 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 informafion 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" locafions, 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 Secfion 2-5.4 shall be included in the various bid items and no addifionai 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 locafion 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 addifionai subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevafion of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevafion of groundwater at the date of project construcfion. A difference in elevafion between groundwater shown in soil boring logs and groundwater actually encountered during construcfion will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilifies temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 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 ^4^" Oc/ieaH «/in/-in flonfract No .'i.'inr5-3 Paoe 52 of 87 compliance with the Plans and Specificafions. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on ail questions relating to: quantifies; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretafion of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise ordered by the Board. 2-9.1 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. 2-9.2 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 evaluafions to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any fime 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 examinafion, 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 relafing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operafions. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulafions. 2- 10 INSPECTION. The Work is subject to inspecfion 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 othen/vise authorized. Any work done without proper inspecfion will be subject to rejection. The Engineer and any authorized representafives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specificafions. Inspection of the Work shall not relieve the Contractor of the obligafion to fulfill all condifions of the Contract. SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specificafions, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. ¥ Revised 8/10/10 Contract No. 5503-3 Page 53 of 87 «3 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specificafions, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitafion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of complefion, and when negofiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specificafions varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specificafions, 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 Specificafions, 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 wrifing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Sfipulated Unit Prices are unit prices established by the Agency in the Contract Documents as disfinguished 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. ^¥ Revised 8/10/10 Contract No. 5503-3 Page 54 of 87 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 Secfions 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construcfion. 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 enfirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notificafion in wrifing from the Engineer so stating its elimination. If material conforming to the Plans and Specificafions is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the fime the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacafion, apprenticeship funds, and other direct costs, resulfing from Federal, State, or local laws, as well as assessments or benefits required by lawful collecfive bargaining agreements. The use of a labor classificafion 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. Revised 8/10/10 Contract No. 5503-3 Page 55 of 87 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, depreciafion, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's rafings and approved modificafions shall be used to classify equipment and it shall be powered by a unit of at least the minimum rafing 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 fime begins when equipment is first put into actual operafion on the extra work, plus the fime required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentafion, 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 secfion, 1 percent shall be added as compensafion for bonding. ¥ Revised 8/10/10 Contract No. 5503-3 Page 56 of 87 (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 fickets, 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 unfil such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantifies of materials used. 3. Show type of equipment, size, idenfification number, and hours of operation, including loading and transportafion, 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 condifions (hereinafter called changed condifions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical condifions differing materially from those represented in the Contract; 2. Unknown physical condifions 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 Secfion 25117 ofthe Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly invesfigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed condifions and they will materially affect performance fime, the Contractor, upon submitting a written request, will be granted an extension of fime subject to the provisions of 6-6. If the Engineer determines that the condifions do not justify an adjustment in compensafion, 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. Revised 8/10/10 Contract No. 5503-3 Page 57 of 87 The Contractor's failure to give notice of changed condifions 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 addifionai compensafion for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written nofice of potenfial claim as hereinafter specified. Compliance with this secfion shall not be required as a prerequisite to nofice provisions in Secfion 6-7.3 Contract Time Accounfing, nor to any claim that is based on differences in measurement or errors of computafion as to contract quantifies. The written notice of potenfial claim for changed condifions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potenfial claim for changed condifions 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 descripfion of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addifionai compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written nofice of potential claim for changed condifions. Verbal notificafions are disallowed. The potenfial claim shall include the following certificafion relative to the California False Claims Act, Government Code Secfions 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Secfions 12650-12655. The undersigned further understands and agrees that this potenfial claim, unless resolved, must be restated as a claim in response to the City's proposed final esfimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substanfiafion of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said nofice 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 attenfion of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate acfion 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 connecfion therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolufion pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolufion chain of command: /\ ^¥ Revised 8/10/10 Contract No. 5503-3 Page 58 of 87 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspecfion 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentafion supporting the costs and all other evidenfiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a posifion, request addifionai informafion or request that the Contractor meet and present its report. When additional informafion or a meefing is requested the City will provide its posifion within 10 working days of receipt of said additional informafion or Contractor's presentation of its report. The Contractor may appeal each level's posifion up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolufion to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Secfion 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Secfion 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Secfions 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents ofthe University of California. (2) "Claim" means a separate demand by the contractor for (A) a fime 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 othenwise 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 specificafions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substanfiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the fime limit or supersede nofice 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 documentafion 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 ^¥ Revised 8/10/10 Contract No. 5503-3 Page 59 of 87 subdivision, upon mutual agreement ofthe local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentafion or within a period of fime no greater than that taken by the claimant in producing the additional informafion, 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 wrifing to all written claims within 60 days of receipt of the claim, or may request, in wrifing, within 30 days of receipt of the claim, any addifionai documentafion supporting the claim or relafing to defenses to the claim the local agency may have against the claimant. (2) If addifionai informafion is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement ofthe 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 fime no greater than that taken by the claimant in producing the addifionai informafion or requested documentafion, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the fime prescribed, the claimant may so notify the local agency, in wrifing, 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, respecfively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Secfion 900) and Chapter 2 (commencing with Secfion 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 fime within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the fime that claim is denied as a result of the meet and confer process, including any period of fime ufilized 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 fime periods for filing tort claims or actions specified by Chapter 1 (commencing with Secfion 900) and Chapter 2 (commencing with Secfion 910) of Part 3 of Division 3.6 of Tifie 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 mediafion unless waived by mutual sfipulafion of both parties. The mediafion process shall provide for the selecfion within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediafion unless a fime requirement is extended upon a good cause showing to the court or by sfipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petifion the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Secfion 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Secfion 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Tifie 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon sfipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construcfion law, and, upon sfipulafion of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitrafion 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. /\ ^¥ Revised 8/10/10 Contract No. 5503-3 Page 60 of 87 (3) In addifion to Chapter 2.5 (commencing with Secfion 1141.10) Title 3 of Part 3 ofthe 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 addifion 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 othenfl/ise provided in the contract. (b) In any suit filed under Secfion 20104.4, the local agency shall pay interest at the legal rate on any arbitrafion award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Secfion 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 Specificafions shall be considered defective and will be subject to rejecfion. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specificafions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilifies and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspecfion 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 coafing application, and similar shop or plant operafions. ¥ Revised 8/10/10 Contract No. 5503-3 Page 61 of 87 steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certificafion as to compliance with the Specificafions, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspecfion at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspecfion at the source, normally only for performance tesfing. The Specificafions may require inspecfion at the source for other items not typical of those listed in this secfion. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any fime. Such free and safe access shall include means of safe access and egress, venfilafion, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulafions, Title 8, Industrial Relafions, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulafions as may apply Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspecfion or tesfing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligafion to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited tesfing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specificafions. The Contractor shall fonward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabricafion or treatment of such materials be done without proper inspecfion 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 inspecfion and tesfing 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 incorporafion 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 tesfing 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 tesfing, it will be stated in the Specifications. For private contracts, the tesfing expense shall be borne by the permittee. The Contractor shall nofify the Engineer in wrifing, at least 15 days in advance, of its intenfion to use materials for which tests are specified, to allow sufficient fime to perform the tests. The nofice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for tesfing or inspecfion, or is sent so far in advance that the materials on hand at the fime 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 renofify the Engineer when samples which are representafive 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 Specificafions, Technical Specificafion, and any Supplemental ¥ Revised 8/10/10 Contract No. 5503-3 Page 62 of 87 Provisions. The cost of ali other tests shall be borne by the Contractor. At the opfion 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 fime during their preparafion and use. If, after incorporafing such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any fime, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the 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 tesfing requirements of the Specifications and accept the manufacturer's written certificafion that the materials to be supplied meet those requirements. Material test data may be required as part ofthe certificafion. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determinafion. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitafing its description and shall be deemed to be followed by the words or equal. A lisfing 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 substanfiafion of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract complefion fime shall not be affected by any circumstance developing from the provisions of this secfion. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency /\ ^¥ Revised 8/10/10 Contract No. 5503-3 Page 63 of 87 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulafions pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the applicafion of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibrafion or moving of other operafing equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocafion ofthe equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will inifiate an immediate and cooperative invesfigation. Test values of materials are results of the materials' tests, as defined by these Specificafions or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observafions of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The invesfigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available informafion and, when necessary, gather new and addifionai informafion in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradicfion. If the cooperative invesfigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradicfion shall be considered resolved and the cooperative invesfigafion concluded. Whenever the cooperafive invesfigation is unable to reach resolufion, the invesfigation may then either conclude without resolufion or confinue by written notificafion of one party to the other requesting the implementafion of a resolufion process by committee. The confinuance of the invesfigation shall be confingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the invesfigafion shall conclude without resolufion. 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 notificafion, 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 notificafion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a confinuance of the cooperafive investigation and will re-consider all available ^¥ Revised 8/10/10 Contract No. 5503-3 Page 64 of 87 information and if necessary gather new and addifionai information to determine the validity, the cause, and if necessary, the remedy to the contradicfion. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendafions as necessary. Unless othenfl/ise agreed, the committee will have 30 calendar days from its formafion to complete their review and submit their findings. The final resolufion 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 resolufion process by committee shall confinue to full conclusion unless: 1. Within 7 days of the formafion of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formafion of the committee, the inifiafing party withdraws its written notificafion and agrees to bear all invesfigative 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 invesfigafive costs unfil resolufion. Should the invesfigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigafion. Should assignable causes for the contradicfion extended to both parties, the investigafion will assign costs cooperatively with each party or when necessary, equally. Should the investigafion substanfiate a contradicfion without assignable cause, the invesfiga- fion will assign costs cooperatively with each party or when necessary, equally. Should the invesfigafion be unable to substantiate a contradicfion, the initiator of the invesfigation shall bear all invesfigafive costs. All claim notificafion requirements of the contract pertaining to the contradiction shall be suspended until the invesfigation is concluded. 4- 2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any locafion within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the descripfion of materials allowed to be stored and shall provide for the removal of the materials and restorafion of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparafion of the storage site and the location of the site on which the materials are stored. Loss, damage or deteriorafion of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this secfion, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any fime during the Work. SECTION 5 - UTILITIES 5- 1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all ufilities which exist within the limits of the work. Revised 8/10/10 Contract No. 5503-3 Page 65 of 87 However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribufion conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of ufility. As provided in Secfion 4216 of the California Government Code, at least 2 working days prior to commencing any excavafion, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identificafion number. The California Department of Transportafion is not required by Section 4216 to become a member of the regional notificafion center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the locafion and depth of all ufilities, including service connecfions, which have been marked by the respective owners and which may affect or be affected by its operafions. If no pay item is provided in the Contract for this work, full compensafion for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION, The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of ufilities located as shown on the Plans or in accordance with Secfion 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately nofify the Engineer in wrifing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the ufility 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 Secfion 5-1. When placing concrete around or contiguous to any non-metallic ufility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the ufility; 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 coafing, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenvise 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 ¥ Revised 8/10/10 Contract No. 5503-3 Page 66 of 87 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 necessitafing such removals. 5-4 RELOCATION. When feasible, the owners responsible for ufilities within the area affected by the Work will complete their necessary installations, relocafions, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specificafions indicate that a ufility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construcfion, Secfion 301-1.6, current edition.. Ufilifies which are relocated in order to avoid interference shall be protected in their posifion and the cost of such protecfion shall be included in the Bid forthe items of work necessitafing such relocation. After award of the Contract, portions of ufilities 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 ufility, all costs for such work shall be included in the Bid for the items of work necessitafing such work. Temporary or permanent relocafion or alterafion of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The ufility owner will relocate service connecfions as necessary within the limits of the Work or within temporary construcfion or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connecfions as necessary between the meter and property line, or between a meter and the limits of temporary construcfion or slope easements. The relocafion of such service connecfions will be paid for in accordance with provisions of Secfion 3-3. Payment will include the restorafion of all exisfing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connecfions. The Agency will not be involved in any such agreement. In conformance with Secfion 5-6 the Contractor shall coordinate the work with ufility agencies and companies. Prior to the installafion of any and all ufility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such ufility 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 construcfion, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the safisfaction of the ufility 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 relocafion of the utility involved unless othenwise directed by the Engineer 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notificafion shall be included as a part of the construcfion schedule required in Section 6-1. The Contractor shall nofify the Engineer in wrifing of any subsequent changes in the construction schedule which will affect the fime available for protecfion, removal, or relocafion of utilifies. Revised 8/10/10 Contract No. 5503-3 Page 67 of 87 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 Secfion 5-1. The Contractor may be given an extension of fime 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 fimely removal, relocafion, or protecfion of exisfing main or trunkline ufility facilifies within the area affected by the Work if such utilifies are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protecfion of such existing facilifies. If the Contractor sustains loss due to delays attributable to interferences, relocafions, 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 fime. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenA/ise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Nofice to Proceed". 6-1.1 Pre-Constructlon Meeting. After, or upon, notification of contract award, the Engineer will set the fime and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible forthe management, administration, and execufion ofthe project is mandatory for the meefing to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstrucfion Meefing 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 nofice to proceed will only be issued on or after the complefion of the preconstruction meefing. 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 construcfion schedule shall be in the form of a tabulafion, chart, or graph and shell be in sufficient detail to show chronological relafionship of all activifies of the Work. These include, but are not limited to: esfimated starting and completion dates of various activifies, submissions of submittals per 2-5.3, procurement of materials and scheduling of equipment. The construcfion schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operafions after commencing construcfion, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construcfion schedule in advance of beginning revised operafions. The Engineer may waive these requirements for work constructed under a permit. 6-1.2 Measurement and Payment of Construction Schedule. The Contractor's preparafion, revision and maintenance of the Construcfion Schedule are incidental to the work and no separate ¥ Revised 8/10/10 Contract No. 5503-3 Page 68 of 87 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 condifion 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 situafion. All costs of prosecufing the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specificafions, the Contractor shall backfill all excavations and restore to usefulness all improvements exisfing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protecfion of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operafions necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removal of approximately 611 lineal feet of 6" diameter VCP sewer pipeline and replacement with 8" diameter SDR35 PVC pipeline and associated work as described in the Contract Specificafions and Drawing No. 473-3. 6-2.2 Project Meetings. The Engineer will establish the fime and locafion of weekly Project Meetings. The Contractor's Representative shall attend each Project Meefing. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representafive or any other employee or subcontractor or subcontractor's employee at these meefings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part ofthe Agency except as othenA/ise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavafion in the area of discovery and shall not continue unfil 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 entified to an extension of fime and compensation in accordance with the provisions of Secfion 6-6. ^¥ Revised 8/10/10 Contract No. 5503-3 Page 69 of 87 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the fime specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written nofice upon the Contractor and the Surety on its Faithful Performance Bond demanding safisfactory 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 cancellafion, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellafion, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written nofice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the fime of its default shall be payable to the Surety as the Work progresses, subject to the terms ofthe Contract. If the Surety does not assume control and perform the Work within 5 days after receiving nofice 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 complefing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for complefion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this secfion shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when 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 entifie the Contractor to an extension of fime as provided herein, but the Contractor will not be entified 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 Specificafions. No extension of fime 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 A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 70 of 87 provided in a fimely manner in accordance with the sequence of the Contractor's operafions and the approved construcfion 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 entified to damages or addifionai 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 entifie the Contractor to an extension of fime as provided in Secfion 6-6.2. 6-6.2 Extensions of Time. Extensions of fime, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determinafion of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written nofice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the durafion of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the fime set forth in the Contract. The Contractor shall complete each portion of the Work within such fime 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 30 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 fime as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Secfion 6-6.1, /\ Revised 8/10/10 Contract No. 5503-3 Page 71 of 87 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Secfion 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 determinafions will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract fime 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. Othen/vise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certificafion by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Nofice of Complefion" to be filed in the office of the San Diego County Recorder. The date of recordafion 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 safisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the nofice. If the Contractor fails to make such replacement or repairs within the fime specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execufion of the Contract shall consfitute agreement by the Agency and Contractor that five hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted fime. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. ^¥ Rmiftf^eimnnn Contract No. 5503-3 Pace 72 of 87 6- 10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulfing from use by public traffic or from the acfion of the elements or from any other cause, except Contractor operafions or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions ofthe Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in secfion 10 ofthe 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." Revised 8/10/10 Contract No. 5503-3 Page 73 of 87 The Contractor shall also comply with Secfion 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the durafion of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execufion of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensafion insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expirafion or cancellafion is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensafion insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way Contractor shall not begin work unfil 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 addifionai compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operafions such as, but not limited to, those permits required for night work, overload, blasfing, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operafions, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits pertaining to this project include: No permits required. 7-6 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 representafive or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communicafion 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 representafive, instrucfions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. Revised 8/10/10 Contract No. 5503-3 Page 74 of 87 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 entified to addifionai compensafion from the Agency for damages resulting from such simultaneous, collateral, and essenfial work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of fime. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the ufility companies during the relocafion 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 resulfing in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall 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 construcfion, including restorafion, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a safisfactory 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 excavafion 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 pracficable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work unfil the condifion is corrected. No additional compensafion will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effecfive cleanup and dust control throughout the durafion of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 75 of 87 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construcfion meter for water used for the construction, plant establishment, maintenance, cleanup, tesfing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaufion to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. This project falls under the Tier 1 Construction SWPPP per City of Carlsbad's Project Threat Assessment. Contractor shall comply with the Construcfion SWPPP requirements provided in the City of Carlsbad's Engineering Standards, current edifion. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 76 of 87 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 operafions, they shall be restored or replaced in as nearly the original condifion and locafion as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable nofice 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 protecfing, 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 operafions shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless othenwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilifies shall be confinuous 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 intervals not exceeding 90 m (300 feet), shall be maintained unless othenwise approved by the Engineer. Vehicular access to residenfial driveways shall be maintained to the property line except when necessary construcfion precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to 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 exisfing schedules for these services. Grading operations, roadway excavafion and fill construction shall be conducted by the Contractor in a manner to provide a reasonably safisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenvise 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 condifioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not 1^ Revised 8/10/10 Contract No. 5503-3 Page 77 of 87 limited to mail delivery. The Contractor shall not schedule work so as to confiict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overtay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construcfion in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notificafion of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses direcfiy affected by the work shall be notified. The notification shall be hand delivered and shall state the date and fime the work will begin and its anficipated durafion. The notification shall list two telephone numbers that may be called to obtain addifionai information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descripfion of the work and simple instructions to the home or business owner on what they need to do to facilitate the construcfion. The Contractor shall submit the contents of the notificafion to the Engineer for approval. Nofices shall not be distributed until approved by the Engineer. For residences, the notificafion 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 prinfing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and fime 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 ofthe rescheduled work. The preparafion, materials, printing and distribution of the notificafions shall be included in the contract price bid for traffic control and the Contractor will not be entified to any additional compensafion for printing and distribufing these notices. The contractor shall replace all street markings and striping damaged by construcfion acfivities. 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 construcfion within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized addifionai 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. A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 78 of 87 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, fiagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carisbad Police Department Dispatch (760) 931 -2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviafing from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorifies 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 posfing conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportafion. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or funcfion as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condifion or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineafion 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 Secfion 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Secfion 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb 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 A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 79 of 87 signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Secfion 280, ofthe California Vehicle Code, portable signs shall be illuminated or, at the opfion ofthe Contractor, shall be in conformance with the provisions in Secfion 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 specifled in CALTF^ANS "Standard Speciflcations", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Secfion closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet, nor operate equipment within two feet from any traffic lane occupied by traffic. For equipment the than two feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reducfion in clearance that is specific to the time, durafion and locafion of such waiver, when such reducfion is shown on the traffic control plans included in these contract documents, when such reducfion is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the durafion of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits ofthe right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer The Contractor shall not start traffic striping operations using an alternative plan unfil the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Revised 8/10/10 Contract No. 5503-3 Page 80 of 87 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliterafion of pavement delineation, temporary or permanent pavement delineafion 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 determined by the Engineer, the temporary pavement delineation confiicts with the permanent pavement delineafion or with a new traffic pattern for the area and is no longer required for the direcfion of public traffic. When temporary pavement delineafion is required to be removed, all lines and marks used to establish the alignment ofthe 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 construcfion activifies that are located within the traveled way The Contractor shall have TCP prepared and submitted as a part of the Work for any construcfion activifies 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 Secfion 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the enfire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevafion vertical curves must also be shown. 7-10.3.7 Payment The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensafion 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: Construcfion 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 regulafions. Before excavafing 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 Revised 8/10/10 Contract No. 5503-3 Page 8 lof 87 varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavafion shall start unfil the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenvise stated in the Specificafions. Explosives shall be handled, used, and stored in accordance with all applicable regulafions. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasfing operafions. 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 ail manufacturer warnings and applicafion instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condifions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implemenfing, administering and maintaining a confined space entry program (CSEP) in accordance with 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 considerafion 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP 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. Revised 8/10/10 Contract No. 5503-3 Page 82 of 87 pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces unfil the pre-entry procedures demonstrate othen/vise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all fimes for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implemenfing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properiy maintain at all times, as required by the condifions and progress of the work, all necessary safeguards for the protecfion of workers and public, and shall use danger signs warning against hazards created by such features of construcfion 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 royalfies on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal acfion that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialfies of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and locafion shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipai ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this nofice specifies locafions or possible materials, such as borrow pits or gravel beds, for use in the proposed construcfion project which would be subject to Secfion 1601 or Secfion 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. ofthe 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." A ^¥ Revised 8/10/10 Contract No. 5503-3 Page 83 of 87 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL (Not Used) SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenvise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantifies of pipe, piling, fencing and fimber shall be considered as being the true length measured along longitudinal axis. Unless othenvise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items, for which quanfities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensafion for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to safisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The 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 Specificafions. Upon complefion of construcfion, if the actual quantities show either an increase or decrease from the quantifies given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensafion 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. A Revised 8/10/10 Contract No. 5503-3 Page 84 of 87 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 acfion 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 precaufions 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 acfion or inacfion under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligafions under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenvise degraded in any way priorto acceptance ofthe Work, except as provided in Secfion 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordafion ofthe "Nofice of Complefion." If, within the time fixed by law, a properiy executed nofice 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 esfimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in wrifing that such monthly closure date be changed. The Engineer may approve such request when it is compafible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The esfimated value will be based on contract unit prices, completed change order work and as provided for in Secfion 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay esfimate and submit it to the Contractor for the Contractor's informafion. Should the Contractor assert that addifionai 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 justificafion supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as pracficable 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 -^1 ¥ Revised 8/10/10 Contract No. 5503-3 Page 85 of 87 «3 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properiy submitted supplemental payment request from the Contractor If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress 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 esfimates and from the final estimate may be limited to $500 or 10 percent ofthe first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its surefies 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 securifies for any monies withheld by the Agency to ensure performance under the Contract. After final inspecfion, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deducfions 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 Esfimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Esfimate to make written statement dispufing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified. The Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentafion in the aforemenfioned 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 resolufion 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 fime such further informafion and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Secfion 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 nofice or protest is required under any provision of this contract including Secfions 3-4 Changed Condifions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. ¥ Revised 8/10/10 Contract No. 5503-3 Page 86 of 87 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 fime 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 limitafion 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 condifions and limitafions 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 esfimate. 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 mobilizafion and preparatory Work will be made at the sfipulated lump-sum price bid therefore in the bid schedule and includes full compensafion for furnishing ali insurance, bonds, licenses, labor, materials, ufilities, 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 addifionai compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid items are clarified in Section 01200 ofthe Technical Specifications. ¥ Revised 8/10/10 Contract No. 5503-3 Page 87 of 87 «3 CITY OF CARLSBAD FOXES LANDING LIFT STATION WETWELL AND MANHOLE REHABILITATIONS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 01 - GENERAL REQUIREMENTS 01100 SUPPLEMENTAL INFO 01200 MEASUREMENT AND PAYMENT DIVISION 02 - SITE WORK 02760 CONCRETE STRUCTURE REHABILITATION DIVISION 15-MECHANICAL 15600 WASTEWATER BYPASS PUMPING END OF SECTION SECTION 01100 SCOPE OF WORK AND SUPPLEMENTAL INFORMATION A. Terms Command-type sentences used in the contract documents refer to and are directed to the Contractor. B. Location of Proiect Site The project near the north shoreline of the Agua Hedionda Lagoon just east of Interstate 5 in the City of Carisbad, California. Refer to the Thomas Guide, San Diego County 2009 Edition Map Page 1106, Grid Reference G7. Detailed site information is provided in Appendix "A". C. Work to Be Done 1. Wetwell Rehabilitation-Furnish all labor, materials, tools, equipment, and incidentals necessary for the rehabilitation of the interior surfaces of the lift station wetwell per Technical Specification Section 02700. In general, the work includes preparation of the existing coated surface including the removal all deteriorated coatings and cementitious material with high pressure water jets. Repair the structure as needed with high strength repair mortar and install 200 mils minimum epoxy coating (RLS 405) over the entire wetwell's interior surface. 2. Wastewater Bypass Pumping System-Furnish all labor, materials, tools, equipment and incidentals necessary to complete all work involved in the installation and operatiori of a full wastewater bypass pumping system for the lift station through the duration of the wetwell rehabilitation. The bypass suction point is a 5-ft diameter manhole with 24-inch diameter cover approximately 90 feet from the lift station. An 8-inch bypass connection flange is located within the lift station site. The lift stations force main is a 16-inch diameter HDPE pipe approximately 500-ftlong with approximately 50-ft of static head The average fiow into the lift station is 600 gpm with peak flows up to 2,000 gpm. Requirements for the bypass system are more specifically addressed in the Contract's Technical Specification Section 15600. 3. Manhole Rehabilitation-Furnish all labor, materials, tools, equipment, and incidentals necessary for the rehabilitation of 4 manholes per the Contract's Technical Specification Section 02700 and Manhole Repair Schedule. In general the work includes preparation of the existing coated surface including the removal all deteriorated coatings and cementitious material with high pressure water jets. Repair the structure as needed with high strength repair mortar and install 200 mils minimum epoxy coating (RLS 405) over the entire manhole interior surface. D. Construction Testino 1. The Owner shall furnish all coating system test equipment referenced in Section 02700 and execute testing under the supervision of the City's inspector. Access of Owner's Representative to Confined Spaces in Structures Under Constmrtinn 1. The Contractor shall be aware that some or all portions of the work may be designated as a PERMIT REQUIRED CONFINED SPACE. The Contractor is required to provide the Owner with a copy of the Contractor's Confined Space Program prior to beginning work Safety submittals will be retained on file. Contractor's Confined Space Program shall be OCTOBER 2011 CONTRACT 3840-8 SUPPLEMENTAL INFORMATION FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 01100-1 of 3 in compliance with Cal-OSHA's Confined Space regulatory requirements The Contractor is required to perform all work in accordance with Cal-OSHA Confined Space requirements. v^v^i mncu opace 2. The Contractor shall provide the following assistance to the personnel of the Owner's Representative when said personnel must enter confined spaces in structures under construction or structures which have not been accepted by the Owner. a. Training program for the personnel of the Owner's Representafive relevant to the specific structures being entered. b. Testing equipment and personnel to operate said equipment for testing the atmosphere in the confined spaces for oxygen deficiency, explosive gases, and toxic QdS6S. c. Authorized competent person to stand by each confined space while entrants are inside the space. d. Safety equipment (breathing apparatus, harnesses, and rescue equipment) in qood working order. ' ^ e. Communicafion equipment. f. Access equipment (hoists and ladders). g. Signs. h. Alarm system. i. Ventilation system. 3. The Contractor shall identify confined spaces on the project, mark them with warning signs per CAL/OSHA requirements, and notify the District's Representative that these structures now exist. F- Existino Conditions and Examination of Contract Documents 1. The Bidder represents that it has carefully examined the contract documents and the site where the Work is to be performed and that it has familiarized itself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect in any manner the performance of the Work. The Bidder further represents that it has studied all surveys and invesfigation reports about subsurface and latent physical conditions pertaining to the jobsite, that it has performed such additional surveys and investigations as it deems necessary to complete the Work at its bid price and that it has correlated the results of all such data with the requirements of the contract documents. The submittal of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, including locality uncertainty of weather and all other contingencies, and as to the character qualitv quantifies, and scope ofthe Work. ' 2. The drawings and specifications for the Work show subsurface conditions or othenvise hidden conditions as they are supposed or believed by the Design Engineer to exist, but OCTOBER 2011 CONTRACT 3840-8 SUPPLEMENTAL INFORMATION FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 01100-2 oM it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the contract documents, the Owner, the Design Engineer, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown in the drawings and the actual conditions revealed during the progress of the Work or othenvise. 3. No information derived from such inspection of records of investigations or compilation thereof made by the Owner, the Design Engineer, or their consultants will in any way relieve the Bidder or Contractor from any risk or from properiy fulfilling the terms of the contract nor entitle the Contractor to any additional compensation. END OF SECTION OCTOBER 2011 CONTRACT 3840-8 SUPPLEMENTAL INFORMATION FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 01100-3 of 3 SECTION 01200 MEASUREMENT AND PAYMENT PART 1 - GENERAL A. Work Listed in the Schedule of Work Items 1. Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work installed. 2. The unit prices and lump-sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the contract documents. 3. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service. 4. Extra work or changes in the Work shall be accomplished as provided in the General Provisions. B. Work Not Listed in the Schedule of Work Items 1. The General Provisions and items in the Special Provisions, general requirements, and specifications which are not listed in the schedule of work items of the Bid Form are, in general, applicable to more than one listed work item, and no separate work item is provided for those items. Include the cost of work not listed but necessary to complete the project designated in the contract documents in the various listed work items of the Bid Form. 2. The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety. PART 2 - MATERIALS A. Description of Bid Items Item 1 Item 2 Mobilization and Preparatory Work - See Section 9-3.4 of the General Provisions. Wastewater By-pass - The contract lump sum price paid for sewer by-pass shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in the sewer pipe bypass, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Full compensation for the contingency plan and all related work and expenses shall be considered as included in the contract lump sum price paid for sewer by-pass and no additional compensation will be allowed with requirements further specified with Secfion 15600. OCTOBER 2011 CONTRACT 3840-8 MEASUREMENT & PAYMENT FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 01200-1 of 2 Item 3 Manhole Rehabilitation - Bid item shall include furnishing all labor, materials, tools, equipment, and incidentals not specifically defined under other bid items, necessary for the rehabilitation of 4 existing sewer manholes per Section 02700. Item 4 Wetwell Rehabilitation - Bid item shall include furnishing all labor, materials, tools, equipment, and incidentals not specifically defined under other bid items, necessary for the rehabilitation of interior surfaces of the lift station wetwell per Section 02700. END OF SECTION OCTOBER 2011 CONTRACT 3840-8 FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS MEASUREMENT & PAYMENT 01200-2 of 2 SECTION 02760 CONCRETE STRUCTURE REHABILITATION PART 1 GENERAL A. Summary 1. This specificafion covers ail labor, materials, equipment and services necessary to complete the rehabilitation and installation of corrosion protection for concrete and masonry wastewater structures as herein specified. 2. Related Sections: Environmental, Health and Safety B. References ACI 506.2-77 - Specifications for Materials, Proportioning, and Application of Shotcrete ASCE Manual No. 92 - Manuals and Reports on Engineering Practice; Manhole Inspection and Rehabilitation (2008 Update) H^uuneiMu ASTM 0638 - Tensile Properties of Plastics ASTM D79G - Flexural Properties of Unreinforced and Reinforced Plastics ASTM D695 - Compressive Properties of Rigid Plastics ASTM D1653 - Water Vapor Transmission of Organic Coating Films ASTM D4541 - Pull-off Strength of Coatings Using a Portable Adhesion Tester ASTM D7234 - Pull-Off Adhesion Strength of Coatings on Concrete Using Portable Pull-Off Adhesion Testers ASTM D4787 - Standard Practice for Continuity Verification of Liquid or Sheet Linings Applied to Concrete Substrates ASTM D2584 - Volatile Matter Content ASTM D543 - Resistance of Plastics to Chemical Reagents ASTM D4258 - Standard Practice for Surface Cleaning Concrete for Coating ASTM D4259 - Standard Practice for Abrading Concrete ASTM C109 - Compressive Strength Hydraulic Cement Mortars ASTM 0579 - Compressive Strength of Chemically Setting Silicate and Silica Chemical Resistant Mortars ICRI Technical Guideline No. 03732 - Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays SSPC SP-13/NACE No. 6 - Surface Preparation of Concrete SSPWC 210-2.3.3 & 211-2 - Chemical Resistance Test (Pickle Jar Test) SSPWC 500-2 - Manhole and Structure Rehabilitation ASCE - The published Manuals and Reports on Engineering Practices of the American Society of Civil Engineers ASTM - The published standards of American Society for Testing and Materials West Conshohocken, PA ICRI - The published standards ofthe International Concrete Repair Institiute, Des Plaines, IL OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-1 of 13 NACE - The published standards of National Association of Corrosion Engineers (NACE International), Houston, TX SSPC - The published standards of the Society of Protective Coatings, Pittsburgh, PA. Los Angeles County Sanitation District - Evaluation of Protective Coatings for Concrete (othenvise known as the "Redner Test") SSPWC - Standard Specifications for Public Works Construction (othenvise known as "The Greenbook") C. Submittals 1. Product Data: a. Technical data sheet for each repair and coating product to be used; including application, cure time.surface preparation procedures and certification from coating product manufacturer as to the compatibility of the repair material(s) and coating system. b. Material Safety Data Sheet (MSDS) for each product to be used. c. Copies of independent testing performed on the coating product indicating the product meets the requirements as specified herein. Coating product physical properties shall be substatiated through submittal of tesfing results as documented by an accredited third party laboratory and shall be representative of the actual field applied product including cure mechanism(s) as to be employed in the field. d. Five (5) references of manufacturer indicating successful coating system performance greater than five (5) years in age of the submitted coating product(s) within the municipal wastewater environment. 2. Contractor Data: a. Current documentation from repair and coating product manufacturer(s) certifying Contractor's training and equipment complies with the Quality Assurance requirements specified herein (Section 1.4). b. Five (5) references of Contractor indicating successful coating system installation performance greater than five years in age of coating product(s) of the same material type as specified herein, applied by spray application within the municipal wastewater environment. c. Documentation of requirements of Section 1.6 B & 0. D. Qualitv Assurance 1. Coating and repair products(s) shall be produced by a single manufacturer including recommended underiayment, filler compounds, base coat and top coat materials to ensure material compatibility. 2. Coating and repair product(s) shall be capable of being installed and curing properiy within the specified environment(s); specifically within environmental conditions of a OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-2 of 13 typical sanitary sewer. Coating product(s) shall be resistant to all forms of chemical or bacteriological attack found in municipal sanitary sewer systems. 3. Coating and Repair product(s) shall be fully compatible; including ability to bond effectively (as tested for in Section 3.5 C.) to each other and/or the host substrate forming a composite system. 4. Contractor shall utilize equipment for the application of the coating and repair product(s) which has been approved by the product manufacturer; and Contractor shall have received training on the operation and maintenance of said equipment from the product manufacturer. Written certification of such approval(s) and training shall be submitted by the coating and repair product manufacturer(s). 5. Contractor and contractor personnel shall be certified by, or have their training approved and certified by, the coating and repair product(s) manufacturer(s) for the handling mixing, application and inspection of the product(s) to be used as specified herein' Written certification of such training shall be submitted by the coating and repair product manufacturer(s) and shall include the individual contractor personnel to be employed on the project. 6. Inspectors shall be trained in the use of testing or inspection instrumentation and knowledgeable of the proper use, preparation and installation of the product(s) to be used as specified herein. 7. Contractor shall initiate and enforce quality control procedures consistent with the coating product(s) manufacturer recommendafions and applicable NACE, SSPC ICRI or other standards as referenced herein. 8. Pre-construction meeting shall take place no less than two weeks prior to Contractor mobilization. All parties to have physical presence on the project during construction shall be present. At this meeting responsibilities and authorities during construction shall be discerned; comments and questions regarding materials and execution of these specifications shall be presented and addressed. E. Delivery. Storage, and Handling 1. Materials are to be kept dry, protected from weather and stored under cover. 2. Coating and repair materials are to be stored between 50 deg F and 90 deg F. Do not store near flame, heat or strong oxidants. 3. All materials are to be handled according to their material safety data sheets. F. Site Conditions 1. Contractor shall conform with all local, state and federal regulations including those set forth by OSHA, RCRA and the EPA and any other applicable authorities. 2. Confined space entry program and other required safety training certifications shall be submitted by Contractor to Owner as necessary to perform the specified work. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-3 of 13 3. Flow diversion and/or bypass plans shall be submitted by Contractor to Owner as necessary to perform the specified work. G. Warranty 1. Contractor shall warrant all work against defects in materials and workmanship for a period of one (1) year, unless othenvise noted, from the date of final acceptance of the project. Contractor shall, within a reasonable time after receipt of written notice thereof, repair defects in materials or workmanship which may develop during said one (1) year period, and any damage to other work caused by such defects or the repairing of same, at his own expense and without cost to the Owner. 2. Coating and repair product supplier(s) shall warrant all coating materials for a period of one (1) year from the date of final acceptance, unless othenvise noted, to be free of manufacturing defects; and products will meet current published physical properties when applied and tested in accordance with the manufacturer's standards. If, within said one (1) year period, any product does not meet the physical properties or is defective in manufacture the manufacturer will either replace the defective product or refund the purchase price. PART 2 PRODUCTS A. Existing Products 1. Standard Portland cement or new concrete must cured a minimum of 28 days prior to application of the coating product(s) or surfaces must be prepared and coating materials applied according to the coating product manufacturer's recommendations for such conditions. 2. Remove existing coatings prior to application of the coating product(s) which may affect the performance and adhesion of the coating product(s). 3. Thoroughly clean and prepare existing products to effect a seal with and promote the adhesion of the coating product(s). B. Repair Products 1. Repair products shall be used to fill voids or bugholes, smooth transitions between components, replace lost motar in masonry structures, smooth rough surfaces, rebuild severely deteriorated substrates and/or to remediate infiltration prior to theinstallation of the coating product(s). a. Repair materials must be supplied by the coating product(s) manufacturer or shall be expressly approved by the coating product(s) manufacturer in writing for compatible with the specified coating product(s). b. All materials shall be mixed, applied and cured in accordance with the manufacturer's recommendations. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-4 of 13 c. Repair product physical properties shall be substatiated through submittal of accredited third party testing results and shall be representative of the actual field applied product and cure mechanism(s) to be employed in the field. ^' ]lT!iJr!'^ol'n'^^'^V'^^ .^^^^^ specifically the specified coating product(s) Aggregate ^"^^"c®^ ^ith Raven 200 polyolefin fiber filler or other approved 3. Factory blended, rapid setting, high-eariy strength, non-shrink, calcium aluminate repair mortar to be trowel or pneumatically spray applied to the entire surface. ^' SllTo?^^''®'^.'^^''®" ^'"'"9 Systems, James Dugger, Broken Arrow, Oklahoma 800-324-2810 or 918-6150-140 fax. b. Product: Raven 705CA Cement Mortar having the following characteristics: i. Product Type: Calcium aluminate mortar ii. Tensile Strength, psi (ASTM C496):>685 ill. Compressive Strength, psi (ASTM 0109): >9,200 @ 28 days iv. Flexural Strength, psi (ASTM C293): >1,650 V. Shrinkage @ 90% R. H., % (ASTM C596): 0 vi. Adhesion to Concrete, psi (ASTM C882): >4,000 psi vii. Freeze/Thaw (ASTM C666): 100 Cycles, no visible damage viii. Density of wet mix: 129 -139 Ibs./ft^ ix. Applied Density: 135 lbs/ft^ (+/- 5 lbs) 4. Factory blended, non-shrink, hydraulic cement to be used for infiltration remediation. a. Manufacturer: As applicable b. Product: Raven 715 Hydraulic cement having the following characteristics: i. Product Type: Hydraulic cement ii. Compressive Strength, psi (ASTM C109): >1,000 @ 1 hour, >2500 osi (cb 24 hours ^ iii. Pull Out Strength, (ASTM 0234): 14,000 pounds iv. Sulfate Resistance 2,000 ppm (ASTM 0267 15 cycles) no weight loss V. Freeze/Thaw (ASTM 0666 100 cycles) no visible damage vi. Shrinkage @ 90% R. H., % (ASTM C596): 0 C. Coating Products 1. Coating product shall be applied to all interior surfaces to protect the host substrate and repair matenals from all forms of chemical or bacteriological attack typically found in municipal sanitary sewer systems and to impart a degree of structural enhancement. 2. Coating product physical properties shall be substatiated through submittal of accredited third party testing results and shall be representative of the actual field applied product and cure mechanism(s) to be employed in the field. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-5 of 13 3. 100% Solids, Solvent-Free, Ultra-High Build Epoxy Coating to be spray applied to all interior surfaces of exposed concrete above the springiine or as othenvise detailed. a. Manufacturer: Raven Lining Systems, James Dugger, Broken Arrow, Oklahoma 800- 324-2810 or 918-6150-140 fax. b. Product: Raven 405 - 100% solids, solvent-free ultra high-build epoxy system exhibiting the following characteristics: i. Product Type: amine cured epoxy ii. VOC Content (ASTM D2584): 0% iii. Compressive Strength, psi (ASTM D695): 18,000 (minimum) iv. Tensile Strength, psi (ASTM D638): 7,500 (minimum) V. Flexural Modulus, psi (ASTM D790): 700,000 (minimum) vi. Adhesion to Concrete, psi/mode of failure (ASTM D4541/7234): 200 psi (minimum) with substrate (concrete) failure vii. Chemical Resistance (ASTM D543/G20) immersionservice for: Municipal sanitary sewer environment Sulfuric acid, 30% Sodium hydroxide, 10% viii. Successful Pass: Sanitation District of L.A. County Coating Evaulation Study and SSPWC 210.2.3.3 (Greenbook "Pickle Jar" Chemical Resistance test) 4. 100% Solids, Solvent-Free, Ultra-High Build Epoxy Coating to be manually or spray applied to interior surfaces of exposed concrete below the typical flow line; specifically deisgned for accelerated cure and suitable for release of flow in less than 45 minutes at normal service temperatures or as othenvise detailed. a. Manufacturer: Raven Lining Systems, James Dugger, Broken Arrow, Oklahoma 800- 324-2810 or 918-6150-140 fax. D. Product Application Equipment 1. Cementitious repair products for spot repair may be mixed and applied using hand and/or power tools. 2. Cemetitious repair products to be spray applied shall be mixed and applied using manufacturer approved batch mixing and low velocity spray devices. 3. Coating product primer may be applied using hand tools or other convention/airiess spray application device(s). 4. Coating product to be spray applied shall be mixed and applied using manufacturer approved heated plural component spray equipment. 5. Coating product application to hard to reach areasor for touch-up may be performed using hand tools. PART 3 EXECUTION OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-6 of 13 A. Examination 1. Appropriate actions shall be taken by Contractor to comply with local state and federal regulatory and other applicable agencies with regard to environment,' health and safety during work. ' 2. All structures to be coated shall be readily accessible to Contractor. 3. New Portland cement concrete structures shall have endured a minimum of 28 days since manufacture prior to commencing coating installation. Should eariier coating be required, coating product manufacturer shall recommend specifications including appropnate cure assessment testing and use of speciality primers and sealers such as Raven 155. 4. Any active flows shall be dammed, plugged or diverted as required to ensure all liquids are maintained below or away from the surfaces to be coated until final applications are cured as recommended by the manufacturer. 5. Temperature of the surface to be coated should be maintained between 40 and 120 deg 6. Specified surfaces should be shielded to avoid exposure of direct sunlight, other intense heat source or, where cementitous products are employed, excessive ventilation Where varying surface temperatures do exist, coating installation should be scheduled when the temperature is falling versus rising. 7. Prior to commencing surface preparation. Contractor shall inspect all surfaces specified to receive the coating and notify Owner, in writing, of any noticeable disparity in the site structure or surfaces which may interfere with the work, use of materials or procedures as specified herein. B. Repairs and Surface Preparation 1. Excessive debris, sediment, root intrusion or other foreign materails which may impact the effectiveness of the surface preparation process shall be removed prior to the commencement thereof. 2. Offset sturctural componets, lids, covers, frames, etc. shall be repaired, replaced or reset prior to the commencement of surface preparation. 3. External soil/fill voids shall be remediated and/or stabilized by replacement or injection of stabilizing grout as determined appropriate by the engineer. 4. Oils, grease, incompatible existing coafings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants which may affect the performance and adhesion of the coating to the substrate shall be removed in accordance with SSPC-SP 1. 5. Choice of surface preparation method(s) should be based upon the condition of the structure and concrete or masonry surface, potential contaminants present, access to OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-7 of 13 perform work, and the required cleanliness and profile of the prepared surface to receive the repair and/or coating product(s). 6. Surface preparafion method, or combinafion of methods, that may be used include high- pressure water cleaning, water jetting, abrasive blasting, shotblasting, grinding, scarifying, detergent water cleaning, hot water cleaning and others as referenced in industry accepted standards such as: a. NACE No. 6/SSPC SP-13 Surface Preparation of Concrete. b. ASTM ASTM D-4258 Standard Practice for Surface Cleaning Concrete for Coating and ASTM-D-4259 Standard Pracfice for Abrading Concrete. c. ICRI Technical Guideline No. 03732 Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overiays. d. NACE/SSPC Standards for the surface preparation of steel. 7. Whichever method(s) are used, they shall be performed in a manner that provides a uniform, sound, clean and neutralized surface suitable for the specified coating product(s). a. Resulting surface profile of the prepared concrete substrate shall be (as described in ICRI Technical Guideline No. 03732): i. For appliction of cementitious materials; at least a CSP2. ii. For application of coating products: at least a CSP4. b. Concrete and/or mortar damaged by corrosion, chemical attack or other means of degradation shall be removed so that sound substrate remains. i. In conditions where severe chemical/microbiological attack has occurred the prepared substrate shall exhibit a pH of 8-12. Additional cleaning and/or contaminated substrate removal may be required to achieve the specified pH level. c. Steel surfaces to be coated shall be abrasive blast cleaned. i. Blast air shall be free of oil and water. ii. Abrasive shall be as required to produce the specified level of cleanliness and profile in an efficienet and uniform manner. Abrasive shall not be recycled. iii. Abrasive blasting shall not be performed when the air or steel temperature is below 40 deg F, when the relative humidity exceeds 80%, or when the steel is less than 5 deg F warmer than the dewpoint. The Contractor will provide dehumidification, and/or temperature control as necessary to meet these condifions. iv. Blast cleaning shall be in accordance with SSPC-SP 5, White Metal Blast Cleaning for immersion service of the coated areas. Blast cleaning for other surfaces shall be in accordance with SSPC-SP 10, Near White Blast Cleaning. Anchor profile shall be 2.5-5.0 mil and relative to the coating thickness specified. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-8 of 13 VII. VIII V. Alternatively, surfaces to be recoated may be cleaned according to NACE No. 5/SSPC-SP 12 Surface Preparation and Cleaning of Metals by Waterjetting Prior to Recoating. vi. Preparation shall be to NACE No. 5/SSPC-SP 12, WJ-1, Clean to Bare Substrate using a minimum of High-Pressure Water Jetting (10,000 psi-30 000 psi). Waterjetting does not produce an etch or profile of the magnitude currently recognized by the coatings industry. Rather, it exposes the original abrasive- blasted surface profile if one exists. An anchor profile of at least 2.5 mils is required to be exposed. If sufficient profile does not exist, abrasive blasting shall be performed as specified in section 3.2 D. At the time of the recoating, the amount of flash rust shall be no greater than "No Flash Rust" as defined in NACE No.5/SSPC-SP 12. ix. If inhibitors are to be used with the standard jetting water, the coatings manufacturer shall be consulted to ensure the compatibility of inhibitors with the coatings. 8. Prior to the application of the coating product repairs shall be completed to ensure the following: a. All inflow and infiltration shall be eliminated by use of appropriate repair material(s), such as hydraulic cements and/or chemical grouts as described in Section 2.2. b. All repairs to joints, pipe seals, steps, mechanical penetrations, benches, inverts, pipes or other opertuences to be coated shall be completed and repaired surfaces prepared according to this section. i. Benches or other horizontal surfaces shall have adequate slope (1" rise per lineal foot minimum) to minimize the retention of debris following surcharge. ii. Inverts or flow channels shall be smooth without lips, rough edges or other features which may cause debris to collect; contoured to minimze turbulent flow; and be sloped to promote adequate flow from the inlet(s) to the outlet pipe. iii. All joints, pipe seals, steps or other penetrations shall be sealed against inflow, infiltration and exfiltration and be adequately filled, smoothed and contured to promote monolithic coating application. 9. Areas where reinforcing steel has been exposed shall be repaired in accordance with the Project Engineer's recommendations or at the minimum all exposed steel shall be prepared in accordance with Section 3.2 prior to coating with the coating product specified or other approved primer as specified by the coating product manufacturer. C. Application of Repair and Resurfacing Products 1. Repair products as per section 2.2 D shall be used to fill voids, bugholes, and other surface defects which may affect the performance or adhesion of the coating product(s). 2. Repair products as per section 2.2 C and/or D shall be used to repair, smooth or rebuild surfaces with rough profiles to provide a concrete or masonry substrate suitable for the coating product(s) to be applied. These products shall be installed to minimum OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-9 of 13 thickness or as recommended within manufacturers published guidelines. Should structural rebuild be necessary, these products shall be installed to a thickness as specified by the Project Engineer. 3. Repair products as per section 2.2 F and/or G shall be used to remediate all active inflow, infiltration and/or external soil/fill voids. 4. All Repair products shall be handled, mixed, installed and cured in accordance with manufacturer guidelines. 5. All repaired or resurfaced substrates shall be inspected for cleanliness and suitability to receive the coating product(s). Additional surface preparation may be required prior to coating application as per section 3.2. D. Application of Coating Product(s) 1. Application procedures shall conform to the recommendations of the coating product(s) manufacturer, including environmental controls, product handling, mixing, applicafion equipment and methods. 2. Spray equipment shall be specifically designed to accurately ratio and apply the coating product(s) and shall be in proper working order. 3. Contractors qualified in accordance with Section 1.4 of these specifications shall perform all aspects of coating product(s) installation. 4. Prepared surfaces shall be coated via spray application of the coating product(s) described herein unless othenvise recommended by the coating product manufacturer. 5. Coating thickness shall be in relation to the profile of the surface to be coated as recommended by the coating product manufacturer. 6. In all cases the coating product(s) shall be applied to a minimum dry film thickness of 200 mils. 7. Coating product(s) shall interface with adjoining construction materials/components throughout the manhole structure to effectively seal and protect substrates from attack by corrosive elements and to ensure the effective elimination of infiltration into the sewer system. 8. Procedures and materials necessary to effect the interface between dissimilar materials and the coating product shall be as recommended by the coating product(s) manufacturer. 9. Termination points of the coating product(s) shall be made at the manhole frame and chimney joint (or other manway as is present), 1" below normal flow levels in the channel or within the invert [unless invert is specified to receive coating], and a minimum of 1" interfacing within each pipe penetration. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-10 of 13 10. Sewage flow shall be stopped, bypassed or diverted as necessary for application of the coating product(s) to the invert and interface with pipe materials. ^PP"^^^'°" E Testing and Inspection ^' of'tfTe'city'rin^pS ''^^''"^^'^ ^^^""^ Contractor in the presence ^' fhT'w''^ acceptance of work the Contactor shall provide to the City, documentation of the test procedure, their results and any necessary repair work resulting from destructive test and or repair work found necessary from test failures The documentation shall include: rdnures. ine a) The time and date of the inspection b) The name of the person executing the test c) The City Inspector witnessing the test d) The specific structure identification e) Tocation of test in that structure f) Type of test, ie: high voltage spark, film thicknes, adhesion g) Test equipment used including manufacturer, model 3. During application a wet film thickness gauge, meeting ASTM D4414 - Standard Practice for Measurement of Wet Film Thickness of Organic Coatings by Notched Gages, shall be used. Measurements shall be taken, documented and attested to by Contractor for submission to Owner. ^ 4. High voltage holiday detection for coating systems installed in corrosive environments when It can be safely and effectively employed, shall be performed to ensure monolithic protection of the substrate. After the coating product(s) have cured in accordance with manufacturer recommendations, all surfaces shall be inspected for holidays in accordance with NACE RPO 188-99 Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates or ASTM D4787 Standard Practice for Continuity Verification 0 Liquid or Sheet Linings Applied to Concrete Substrates. All detected holidays shall be marked and repaired according to the coating product(s) manufacturer's recommendations. H uuuoiva; a. Test voltage shall be a minimum of 100 volts per mil of coating system thickness. b. Detection of a known or induced holiday in the coaitng product shall be confirmed to ensure proper operation of the test unit. c. All areas repaired shall be retested follwing cure of the repair material(s). d. In instances where high voltage holiday detection is not feasible a close visual inspection shall be conducted and all possbile holidays shall be marked and repaired as described above. ^ e. Documentation of areas tested, equipment employed, results and repairs made shall be submitted to the Owner/Engineer by Contractor. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760 11 of 13 5. Adhesion of the coating system to the substrate shall be confirmed in each of the manholes or structures coated, or for large structures once every 1000 square feet of coated area. Testing shall be conducted in accordance with ASTM D7234 Pull-Off Adhesion Strength of Coatings on Concrete Using Portable Pull-Off Adhesion Testers.Owner's representative shall select the manholes or areas to be tested. a. For each test manhole a minimum of three 20 mm dollies shall be affixed to the coated surface; one at the cone area, one at the mid section and one near the bottom of the structure. b. For larger structures a minimum of three 20 mm doliies shall be affixed to the coated surface at random locations within each 1000 square foot area or as othenvise agreeded upon. c. The adhesive used to attach the dollies to the coating shall be rapid setting with tensile strengths in excess of at least twice the anticipated failure point (generally at least 1000 psi) and permitted to cure in accordance with manufacturer recommendations. The coating and dollies shall be adequately cleaned and prepared to receive the adhesive. Failure of the dolly adhesive shall be deemed a non-test and require retesting. d. Prior to performing the pull test, the coating shall be scored to the substrate, or within 10 mils of the substrate surface, by mechanical means without disturbing the dolly or coating system bond within the test area. e. Two of the three adhesion pulls in each test area shall exceed 200 psi and shall include substrate adhered to the back of the dolly or no visual signs of the coating product in the test hole. Pulls tests with results between 150 and 200 psi may be acceptable if more than 50 percent of the substrate in the test area is adhered to the dolly. f. Should a structure, or area, fail to achieve two successful pulls as described above, additional testing shall be performed at the discretion of the Owner or Project Engineer. Any areas detected to have inadequate bond strength shall be evaluated by the Project Engineer. Further bond tests may be performed in that area to determine the extent of potentially deficient bonded area and repairs shall be made by Contractor. g. All adhesion testing shall be performed by qualifed personnel using calibrated equipment as specified by the applicable ASTM standard(s). h. All adhesion testing shall be documented and submitted in a consistent format detailing location, test values, descripfion of the failure point/mode, scoring method employed, adhesive used, cure time of coating and adhesive and other data as deemed necessary by the owner/engineer. i. All adhesion test locations shall be repaired by the Contractor at no cost to the Owner. OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-12 Of 13 6. Visual inspection shall be made by the Project Engineer and/or Inspector Any deficiencies in the finished coating effecting the perfomance of the coafing system or the operational functionality of the structure shall be marked and repaired according to the recommendations of the coating product(s) manufacturer. 7. The municipal sewer system may be returned to full operational service as soon as the final inspection has taken place and all coating materials have been adequately cured according to the coating product(s) manufacturer's recommendations. END OF SECTION OCTOBER 2011 CONTRACT 3840-8 CONCRETE STRUCTURE REHAB FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 02760-13 of 13 SECTION 15600 WASTEWATER BYPASS PUMPING PART 1 - GENERAL A. Description 1. Bypassing sewage for rehabilitation of the wetwell shall be necessary. 2. The Contractor shall furnish, install, and operate all necessary piping, pumps, generators, equipment, and appurtenances of sufficient capacity to handle all flows to prevent sewage from backing up into the upstream sewer lines. The sewer flow shall be intercepted at an upstream manhole, pumped and conveyed in a closed conduit where it will be connected to the lift stations force main bypass 8" flanged fitting. 3. Bypassing of untreated wastewater to surface water or drainage courses shall not be permitted. Bypass piping layout shall be compatible for vehicular traffic, residence and business access, and shall not block any driveways. 4. The Regional Water Quality Control Board (RWQCB) has the authority to impose stiff fines in case of a sewage spill. The Contractor shall be held responsible for paying fines for a sewage spill due to his operafions or any circumstance, which is within his control. These fines shall be deducted from the payments due to the Contractor before disbursing funds. B. Submittals 1. The Contractor shall, at least 14 days prior to commencement of work for the installation of pipe, submit to the Engineer for review and approval a Plan (including Emergency Contingency Plan) for bypassing sewage flows in the existing sewer system. Bypass Plan shall allow for continuous uninterrupted service to existing sewer connections. Engineer will approve or comment on the Plan as needed. However approval of the plans by the Engineer does not relieve the responsibility of the Contractor to insure successful operation of the bypass plan. The Plan and the Emergency Confingency Plan shall be prepared and signed by a California Registered Civil Engineer. 2. The Bypass Plan shall include but not be limited to the following: a. Staging areas for pumps b. Sewer plugging method and types of plugs c. Size and location of manholes or access points for suction and discharge piping d. Number, size, material, location and method of installation of suction piping e. Number, size, material, location and method of installation of discharge piping f. Bypass pump sizes, capacity, number of each size to be on site and power requirements g. Calculation of static lift, friction losses, and flow velocity h. Standby power generator size, location OCTOBER 2011 CONTRACT 3840-8 WASTEWATER BYPASS PUMPING FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 15600-1 of 4 i. Schedule for installation of and maintenance of bypass pumping lines j. Plan indicating location of bypass piping k. Names, qualifications and experience of bypass system operators PART 2 -MATERIALS A. Piping The bypass piping shall be a continuous piece of polyethylene solid wall piping joined by butt fusion welding, steel pipe with welded or Victualic joints, or a system of Victaulic aluminum piping, couplings, and fittings. Mechanical joints will not be allowed in the polyethylene bypass piping except at the pumps, manifold, and discharge connections. Above ground piping that is exposed to traffic loading shall be continuous piece of steel pipe with a system of Victaulic couplings and fittings. The bypass pipe shall be of a pressure class that is compatible with the bypass pump. B. Pumps 1. All pumps used shall be fully automatic self-priming units that not require the use of foot- valves or vacuum pumps in the priming system. The pumps may be electric or diesel powered. 2. All pumps must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of effluent flows. 3. Estimated flow rates are: average 700 gpm; peak flow 2,000 gpm. The static head for the lift station IS 70 ft. Temporary bypass discharge pipe required is approximately 100 ft. 4. Pumps and generators used shall not exceed sound levels of 68 dBA at 30' 5. Each pump or generator shall have one dedicated fuel tank 6. If electric driven pumps are used contractor shall have an emergency standby generator. 7. Each fuel tank shall have a level indicator visible outside of the tank. 8. Contractor shall take necessary measures to ensure the fuel supply is protected against contamination including but not limited to fuel line water traps, fuel line filters, and protecting fuel from precipitation. All hoses and connections shall be monitored and leaks shall be repaired immediately. PART 3 -EXECUTION A. Svstem Reguirements 1. The pump and bypass lines shall be of adequate capacity and size to handle the estimated peak flows. 2. Provide 100 percent backup pumping system. 3. The bypass system may be shut down and full flow restored in the existing system only with prior written approval of the Engineer. OCTOBER 2011 CONTRACT 3840-8 WASTEWATER BYPASS PUMPING FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 15600-2 of 4 4. Contractor shall provide a fully qualified pump and bypass system operator at the site whenever the bypass system is in operation. 5. The bypass system shall be designed and operate and work in the lift stafion coordinated in such a way that the fiow may be returned to the lift station if the bypass system should fail or when wet weather flow is anficipated. 6. Prior to implementing the wastewater bypass the contractor shall test and demonstrate the primary and backup pumping systems in the presence of the Engineer. The demonstration shall simulate the failure of the primary pumping system and result in a seamless transfer of wastewater flow from the primary bypass system to the backup system. 7. The bypass pumping and piping system shall be independently tested at a minimum 50 psi prior to starting construction. 8. During the execution of the Work, the Contractor shall be responsible for continuity of sanitary sewer flows. 9. The pumps shall be equipped with light and/or sound alarms in the event of pump failure. During sewer bypass pumping operations, the pumps shall be continuously attended and monitored by personnel qualified to operate maintain the pumping equipment. This includes after hour periods when the Contractor may not be conducting any construction activities. The personnel monitoring the pump shall be equipped with a cellular telephone so that additional personnel can be contacted in case of an emergency. 10. The Contractor shall have onsite a fully functional and fueled standby pump(s) that can be immediately placed in service if the primary pumping unit malfunctions. Provide backup power supply that is readily connectable in the event of loss of primary power. The cost for the standby unit(s) and backup power shall be included in the cost for the sewer bypass bid item and no additional compensation will be allowed. 11. Power and alarm wires shall be protected in all locations buried across driveways and traveled way. 12. Manholes shall be covered, safe, and vandal resistant at all times during bypass operations. 13. If sewage backup occurs and enters buildings, the Contractor shall be responsible for clean-up, repair, property damage cost and claims. 14. If sewage backup occurs resulting in overflow and spills, the Contractor shall be responsible for clean-up, repair, property damage cost and claims. B. Contingency Plan for Bvpass 1. Prior to starting work, the Contractor shall provide an emergency contingency plan in event of pump, power supply, or pipeline failures, including an emergency contact list. 2. The method of connecting this bypass shall be indicated on the bypass plan submittal. 3. In event of a sewage spill. Contractor shall immediately notify City wastewater personnel Don Wasko at (760) 802-4756 or Ken Burtech at (760) 802-5810 and then follow directions of RWQCB and the Health Department all in accordance with Proposition 65. OCTOBER 2011 CONTRACT 3840-8 WASTEWATER BYPASS PUMPING FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 15600-3 of 4 4. If necessary the City forces will clean up the Contractoits spill and run parallel operations at Contractors cost. 5. The bypass and contingency plans shall be prepared and signed by a Califomia Registered Civil Engineer (R.C.E.). y uy a v^aiiromia END OF SECTION OCTOBER 2011 CONTRACT 3840-8 WASTEWATER BYPASS PUMPING FOXES LANDING LIFT STATION WETWELL & MANHOLE REHABILITATIONS 15600-4 of 4 APPENDIX A Location and Site Map FOXES LANDING SEWER LIFT STATION WETWELL AND MAHOLE REHABILITATIONS LOCATION MAP PROJECT LOCATION .4. s PACIFIC OCEAN SAN DIEGUITO RESERVOIF; FOXES LANDING SEWER LIFT STATION WETWELL AND MANHOLE REHABILITATIONS SITE PLAN FOXES LANDING SEWER LIFT STATION WETWELL AND MANHOLE REHABILITATIONS SITE PLAN APPENDIX B Manhole Schedule of Work Appendix B SCHEDULE OF WORK FOR MANHOLE REHABILITATION PROJECT MANHOLE* CITY ID# LOCATION ACCESS SHAFT DIAMETER (INCHES) CHANNEL OIA. IINCHESl INFILTRATION REMOVE STEPS MANHOLE DEPTH RIM TO SHELF (Apofox. feetl REPLACE FRAMEAND __MVER&S!ZE CONDITION Rehab Method Notes #1 16D-12 Parking lot, AC paved area 48 24 minor YES 11 YES 2-PIECE 24" Severe corrosion Repair Mortar and Epoxy Coating #2 16D-14 Parking lot, AC paved area 48 24 minor YES 14 YES 2-PIECE 24" Severe corrosion Repair Mortar and Epoxy Coafing #4 16D-15 Unpaved Easement 48 24 minor YES 13 YES 2-PIECE 24" Severe corrosion Repair Mortar and Epoxy Coating #4 16D-16 Unpaved Easement 48 24 minor YES 16 YES 2-PIECE 24" Severe corrosion Repair Mortar and Epoxy Coating TOTAL VERTICAL FEET OF MANHOLE REHABILTATION: 54 FT 1 of 1 APPENDIX C Manhole Inspection Reports CITY OF CARLSBAD MANHOLE INSPECTION REPORT COIVIMENTS ON EXISTING CONDITIONS: .•vfh FR.^ME k COVER: 1 P1ECE|!^ 2 PIECEQ cABE^D: , MATEKAL CAST ,'RON|)Q COMPOSITEQ MH CON?:: JLL. STEFS/RUNSS: FUSTIC • STEEL MH 8 A 5.-'; MH rLOWLi'NE: ACCESSiBlL.- iJCe NC: i DATE £ iiME: i LOCATION. fey .W 'zK SURFACE UD/RIM RIM ELE\'. INCHES ,|^ INCHES /I P (FT. / IN.)-|- INCHES INCHES STEPS/RUNGS •CHIMNEY/GRADE RiNGS CONE aHAFTiNG/RlSEi? i >p SHELF f BASE- TYPICAL MANHOLE CROSS-SECTION ,1 Hi SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE m LOCATION aUSK W/ SURFACE COVE=^: PONDING: CHANNa WDTM INCHES: CONSTRUCTION: CASTING ni: MH CONOmON: MH WDTH: § OF INVERTS: ROOTS IN .MH: DEBRIS: INRLTRATION: AGK?EGATE EXPOSED: RE3AR EXPOSED: EXIST. UNER: H2S/0D0R: DROP MANHOLE: • ^^6) UNPAVED(2) • N0<2) • ^55l) VcNTED(2) B0LTn)(3) • YES(1)(<0(^ •• • <CS2SJ(1) 8RICK(2) RB£R(3} 0TH3?(4) • (^^^ r AiR(2) °00^) NEEDS ATTN.(<t) • GOOO(l) FAlR(2)(fo^^ NEEDS ATTN.'i.) • • INCHES AT BARRa /.^ t, • UGHT(2) MEDIUM(3) H£AVY{4) • mWe^?) UGHT(2) MEDIUM(3) HEAVY(4) • ^^l£^) UGHr(2) .ME0IUM(3) H£AVY(4) • N0(2) • YES(1)^)^^ MAIERIAL • ^^) UGHT(2) MEDIUM(3) HEAVY(4) P mlKmf^ 0^ DRAW CN CROSS SECTION) CITY OF CARLSBAD MANHOLE INSPECTION REPORT C3ivi.slENTS ON EXISTING CONDITIONS: MK FR.AME k COVER: 1 PIECEl]^ 2 PIECEn LA3ELED: MATERiAL CAST iRON^ COMPOSITED SURFACE UO/RIM R!M ELEV. ' IQ: 3C .INCHES .INCHES :OND^T0N: -i-t> TtMofc ClW fl^A l?-L-(FT. / IN.)-| ' iKirui Qucf t Mh CONE: STEFS/RUNGS: PLASTIC • STEEL iS Ur. SriAFT.^iG: MH 3ASE: |>l^.ny y |-|^ 3" C^f fo f M« •vir^ SHELF: UCnV/y 14j T OVyoJ\B^^ W FLOWIINE: MH jNiNG: JVOwe. •to/i4 i JOB NC: i BY' I DATE k TiME:J]LJ[4£i«AL_ll2a^K MH IDr: 4C<U_B LOCATION: Ws i^fl-VV^ off /j? .INCHES lU INCHES STEPS/RUNGS- CHiMNEY/GRAOE RINGS CONE SHAFTiNG/RiSER SHEU="-^ —^^IFLOWUNE-^ 1^ BASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE AND CHANNEL ORfENTATldw ANO PIPE DIAMETERS IN BASE MH LOCATION aUSH V»/ SURFACE COVER: PONDING: CHANNEL WDTH INCHES: CONSTRUCTION: CASTING RT: MH CONDITION; MH WDTH: § OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXIST. UNER; H2S/O0OR: DROP MANHOLE: (pAVEOjl) UNPAVED(2) N0(2) jXl ^^1) VENTED(2) 80LTtD(3) Eg YES(1)(g?) SI 1^^^(1) 8Ria<(2) nB£R(3) 0iHER(4) ly ^00^) FAJR(2) P00R(3) NEEDS ATTN.C'^) 5^ GOOO(l) FAIR(2) 1S^(3) NEEDS "ATTN!^ •[^ INCHES AT BA,RREL gNgrf) UGHT(2) MEDIUM(3) HEAW(4) S (NOi;p) UGHT(2) MEDIUM(3) H£AVY(4) Q ^Wffl) UGHT(2) M£DIUM(3) H£AVY(4) ^) N0{2) Q YES(1)@!) YgS(1) ^) .MAIERIAL (3 UGHT(2) MEDIUM{3) HEAVr(4) • YES(1) f^0(2) (IF VES DRAW ON CROSS SECTION) CITY OF CARLSBAD MANHOLE INSPECTION REPORT COMMENTS ON EXISTING CONDITIONS: MH FT^AME & COVER: 1 PIECEES 2 PIECEQ LABELED: ^, UD/RIM-x /-RIM ELEV. .MATERIAL CAST IRONig COMPOSITED CONOmON: ^WAC l/lP.U, I^'HAA C1V\A iiA-INCHES 3i_ INCHES I^CHIMNEY/GRAOE RINGS CONE 'H-(FT./lN.)-|->^ MH CONE: Uet^Uy ti, ^ r-^ifiy'vyv, STEPS/RUNGS: PLASTIC • STEEL |Z] MH SHAn-MG: ^ftoUv| Hj'^ ^m^'^ BASE: kt.H\hy ^IgS r,^yr^y^^„^ i MH SHELF: I^Crtv^V U^S Cavvn.r'u^ MH FLOWUNE: MH UNING: ACCESSI8IUTT: llir\ pf^vl^A riy^eo.^ |A?A^ boo>4) (fti,..K,cV\j gc\Tfl^>^f,y^f- ''--»[pf?eseeTr / JOB NC: idY: i LOCATION: Ws by»w i,t' ~^ ' INCHES 1 .INCHES SHAFTING/RISER STEPS/RUNGS—^; I FLOWUNE-^H^ BASE—^ TYPICAL MANHOLE CROSS.SECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATION FLUSH W/ SURFACE COVER: PONDING: CHANNEL WDTH INCHES: CONSTRUCTION: CASTING FIT: MH CONDITION: MH WIDTH: # OF IN\€RT5; ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXIST. UNER: H2S/O0OR: DROP MANHOLE: S<^Wt) UNPAVED(2) E ^^) N0(2) 53 %^I) V£NTED(2) B0LTED(3) a YES(1)1@) S i^^l) BRia<(2) F1B£R(3) 0THER(4.) P G00D(I)^3{^) P00R(3) NEEDSjATTN.(A) • t3 GOOD(I) FAiR(2) (o^^S^^ •gl INCHES AT BARRa ~~ m • '^^ ^(^^1) UGHT(2) MEDIUM(3) HEAVy(4) C3(^g^l) UGHT{2) M£DIL'M(3) HEAVY(4) S V^^l) UGHT(2) MEDIUM(3) HEAVY(4) S (^) N0(2) a YES(1)@2) 53 YES(1)^) MATERIAL sp (^(1) UGHT(2) MEDIUM(3) HEAVY(4) [3 YES(1)(j0j2) (IF YES DRAW ON CROSS SECTION) CITY OF CARLSBAD MANHOLE INSPECTION REPORT COMMEl^^TS CN EXISTING CONDITIONS: Mh nR.AME 4- CO\€R: 1 PIECEgS 2 PiECEQ UABELED: ^ MATEftAL: CAS" IRONS! COMPOSITED MH CONE: Hea^y^ Hj^ Cit^X\av. STEFS/RUNGS: .^LASTICD STEEL 21 MH SHAFTiMG: QytlhCvtV^ j.iH BASE: MH F1.0WUNE:. .MH jMiNG: KjgVve ,4;rcEiP^ageT: •JOB NC: lav: jOATE & TIME: l()~lH-70>v - !MH I0£: 'fVQflgm raxs j.>Mft7ifl. QIT of il LOCATiON; SURFACE UO/RIM-/I t!M ELEV. J ^•1 J .INCHES INCHES CHIMNEY/GRADE RINGS :ONE SHAFTING/RISER BASE- TYPICAL MANHOLE CROSS-SECTION SHOW PIPE AND CHANNEL ORIENTATION AND PIPE DIAMETERS IN BASE MH LOCATION aUSH W/ SURFACE COVER: PONDING: CHANNa WIDTH INCHES: CONSTRUCTION: CASTING FIT: MH CONDITION: MH WIDTH: # OF INVERTS: ROOTS IN MH: DEBRIS: INRLTRATION: AGGREGATE EXPOSED: REBAR EXPOSED: EXIST UNER: H2S/0D0R: DROP MANHOLE: PAVED(I) ^NPAVED^ •3 YES(I)^) ^9^1) VENTED(2) B0LTED(3) (gj YtS(l) !@) •• dl4'' Kl <5^ECAST}i() 8RICK(2) nB£R(3) 0TH£R(4) S; (^^f) FA1R(2) P00R(3) NEEDS ATTN.('!-) 00 GOOD(I) FAlR(2)<^re{^_N££DS ATTN!^ •{5 INCHES AT BARREL ^ a ^ m {2 ^N^E(l])UGHT(2) MEDIUM(3) HtAW(4) H UGHT(2) MEDIUM(3) HEAVY(4) g] ^^) UGHr(2} MEDiUM(3) H£AVY(4) & N0(2) ^ YESO)^^ H YES(1) @) MATERIAL QNgClO UGHT(2) MEDIUM(3) HEAVY(4) Qg YES(1) ^pt) (IF VES DRAW ON CROSS SECTION) APPENDIX D Reference "As-Built" Drawings JMATC^UNE-SEE^ RIGHJ_HgR^^ I [jJ 6P>. m m L.. MATCHLINE-SEE LEFT HEREON RECORD DRAWMO - DATE: KRIEGER 4 STEWART, INCORPORATED KoBGtP IHCORPORATCD 3«» tMMnl^ AM. - W.w>liH. ». ttMl • W Ull W IR ||». »Tt*3 nnrlt-l»-» APPROVED RECORD DRAWINGS 28176 » DISTRICT APPROVED CHANGES Dwcfiptten RECORD INFOWMATION Appfove<l Dot» BENCHMARK AGENCY: N/A DESIGNATION: ..NONE DESCRIPTION; ..CHISLED •)(• ELEVATION: 11.00 FEET LOCATION: UFT STATION ROOF. SOUTH SIDE OF DRY *EU. HATCH. LEGEND EXISTING ASPHALT CONCRETE ACCESS ROAO AND PARKING TO RECEIVE 1" ASPHALT CONCRETE OVEHUY. PROPOSED ASPHALT CONCRETE PAVING. REMOVE EXISTING AND CONSTRUCT NEW ASPHALT CONCRETE PAVEMENT. TEMPORARY CONSTRUCTION EASEMENT 1. CONTRACTOR SHALL REPLACE TRAFFIC STRIPING UPON COMPLETION OF PAVEMENT OVERLAY. 2. CONTRACTOR SHALL PROVIDE PARKING STAU STRIPING FOR 30 SPACES. LOCATIONS SHALL BE DETERMINED IN THE HELD BY THE LANDING OPERATOR. SCALE: 1"=20' CARLSBAD MUNICIPAL WATER DISTRICT Sheet 4 ENGINEERING DEPARTMENT 501^ A Sheets FOXES LANDING SEWER LIFT STATION UPGRADE GENBW. SITE PLAN ffjiiSiii ^^^11 28178 /-ae,-^ District Engineer WIUJAM E. PLUMMER RCE Dote HEOSmATlOW DffWtS 3-31-08 Drwn.: STAFF Chsdted: CMWD 98-407 DWG 133-98 mm REPLACED WITH REMOTE St STL. SAMPLER TUBE. GAS SENSORS LOCATED IN CONTROL BUILDING. LOWER LEVEL PLAN SCALE: 3/8"»1'-0" MATERIAL EQUIPMENT, AND WORK DESCRIPTTONS (SHEETS 7 THROUGH 10) t. INSTALL NEW. VMtASLE SPm). tm PiT SuBMERSffiLC NON-aOG SEWME PMUPmO UNIT ANO PW* BASE. PUMP BASE MAXIMUM HOfllZOKTAL DUCNSION AT BOTTOM SHAU. NOT EXCEED JT". ANCHOR PUMP BASE WTTH 318 STAINUSS STEEl EPOXT ANCHORS. ANCHOR BOLT SIZE. NUMBER, ANO SPAaMG PER PUMP MANUFACTURSt. DRIU AND SPOTCf ANCHOR 8QLTS INTO EXISTING CONCREIE MINIMUM OF 8". PROVIDE DOUBLE NUTS FOR l£VEUNC. 2. REMWE E»STWO CONCRETE PUMP WSE ANO ANOIOR BOLTS TO TOP OF EXSTIMD FLOOR SWB. CHIP CONCBETE FUXW SLAB BENEATH ICR PUMP BASE TO 1/4" MINWUM AMPLITUDE. *fTER NEW PUMP BASE HAS BEEN ANCHORED AND LEVELED. 'NSTALL NON-SHRINK CROUT PAD BQgAJH THE PUMP BASE. GROUT PAD SHALL BE CONTINUOUS, EXrE»40 1-1/2' BewWO PEtBfcCIER OF PUMP BASE (MAXIMUM SIZE OF 30" X 30"). AND BE PROvWED WITH A 3/*' CHAMFER ALL AROUND. NON-SHRINK GROUT SHAU BE UASTERaOW 926 GROUT AS MANUFACTURED BY MASTER BULDCRS. INC. FOR GROUT PADS THICKER THAN 2". GROUT SHAU BC EXTENDED WITH 3/8" DRY AGGREGATE FURMBHED BY THE MANUFACTURER. APPLY MANUFACTURER RECOUMCWKD ADHESIVE TO EXIsnwC CONCRETE SURFACES JUST PRIOB TO GROUT PLACEMENT, INSTAU GROUT IN STRICT ACCORDANCE WTTH MANUFACTURER'S PRINTED •NSTRUCnONS. J. 10' FIANGE X FURC FTTTWO. PROVTOE ROUNOCO INLET TO FLABE <2* MOU^. INSTAU FrnWC WIW FLANCe FLUSH WITH FACE OF DRY WELL WALL. TACK WELD NUTS TO BACK OF FLANGE FOR BOLTING. PROVIDE CAPS OVER NUTS. ATTACH CAPS TO FLANGE WTTH EPOXV ADHESIVE. FIU CAPS WITH CREASE PRKW TO PLACEMENT OF REPAIR CONCRETE. CMP ANO REMOVE EXISTWO REWFORCO) CONCRETE AS REQURED FOR FITTING INSTAUATKJN. cur EXISTING REINFORCING STEEL AS REOUtRED TD WHNTAM 2' CUARANCE BETWEEN FITTING ANO REINFORCTIC STEEL RP>AIR CONCRETE PER CONCREIE CONSTRUCTION NOTES (SHEET 2). 1. SUCTION AND DISCHAR(^ PiPfNG FOR PUMPS 1. 2, ANO 3 IS THE SAME. 2. PUMP AND RPING LAYOUT IS FOR CENTER DISCHARGE PUMPS. SIDE DISCHARGE PUMPS ARE ONLY ACCEPTABLE IF THE PUMP VOLUTE CASING IS ROTATED OR TRANSITION FITTINGS ARE PROVIDED SO THAT THE VERTICAL PIPING MATCHES THE LOCATION SPECIRED FOR THE UPPER LEVEL 3. PUMP AND PIPING SHOWN FOR PUMPS WITH 6" SUCTION AND 6" DISCHARGE FOR ALTERNATIVE SIZES. CONTRACTOR SHAU PROVIDE NECESSARY TRANSITION FITTINGS. CONTRACTOR SHAa SUBMIT TRANSITION FITTING LAYOUT DRAWING FOR OWNER'S APPROVAL. UPPER LEVEL PUN SCALE: 3/a"=-T-0" 10" FLANGED BY GROOVED EMO SPOOLS (LENGTH AS REOWREB) ANO 10" GROOVED COUPUNO. VKTAUOC STYLE 31. SPOOL LENGTHS SHAU BE EQUAL. MINIMUM 5" EACH. nCDUCOt SHAU BE mSTAUED LEVEL WITH TOP OF FRP CABLE TRAY. «r VCRTCAL MOLDED RADIUS BEND (R4SIDE BEND WITH 24- RADIUS). CABll TRAY SHAU BE 6* WIDE X 4" DEEP WITH «• HUNG SPACWG. FRP CABLE TRAY. HOWZOHTAL MOLDED ftAOWS TEE (12* RADIUS). CABLE TRAY SHAU BC 8* WIDE X 4- DEEP WITH 8" RUNG SPAONC. FRP CABLE TRAY. STRAKHT SECTION (LENGTH AS REOUtRED). CABLE TRAY SHAU BE «" WIDE X « DEEP WITH «• RUNG SPAONG. FRP CA«^ TRAY, 43- HORIZONTAL MOLDED RADIUS BEND (12" RADIUS). CABLE TRAY SHAU BE 6" WIDE X *• OKP WITH 6" RUNG SPACING. 13. C«a£ TRAY SUPPORT RACK TYPE SRI, AS MANUFACTIWED BY ENOURO COMPOSITE SYSTEMS. SUPPORT RACKS SHAU BE FRP AND SHAU BE ANCHORED TO CONCRETE WITH STAINLESS STEEL WEDGE ANCHORS. SUPPOnns SHAU BE LOCATED IN ACCORDANCE WTTH MATAJFACTURER'S WnrTTEN REC0MMENDATX3NS AS A HmWUM. SUPPORTS SWU BE LOCATED BEFORE AND AFTER EACH BCNO OR TEE WITH A MAXIMUM SPAONG OF 8'. 14. 12' X 14* tj>. RECTANGULAR FRP DUCT. 3/16' HINIMUH W«U IHCKNESS. 15. ADJOSTABtE S*N0LE DEFLECTION SUPPLY REGlSTO*. SUPPLY KfflSIER FRAME WIDTH SHAU WATCH DUCT WIGFTH (OR DEPTH). MINIMUM REGISTER LOUVER HEIGHT SHAU BE 12*. REGISIERS SHAU BE CONSTRUCTED OF 304 STMNLESS STEEL WITH SATIN FINI9I. 18. AOJUSTABL£ RETURN REGISTER. RETURN REGISTOt FRAME WIDTH SHAU MATCH DUCT WIDTH (OR DEPTH). MINIMUM REGISTER lOUVER HEIGHT SHAU BE 12'. HtmSlbHS SHAU BE CONSTRUCTED OF 304 STAINLESS STEEL WITH SXim FWISH. 17. 12' X 28' I.D. RECTANGULAR FRP DUCT. 3/18* MIMMUM WAU THICKNESS. RECORD DRAWING BY; -ff&~lj!. £. •g<C* DATE: J KRIEGER Ic STEWART, INCORPORATED KBUCEQ STEVABT 3m Milium A.* . m n^4i. Ok. .2901. w mt mw trrnnm m .jAjl^ f. >rfe» nasiracD OMMEER I*. JWta n«rit-io-M APPROVED RECORD DRAWINGS District Engineer WILUAM E. PLUMl Rm: Description 28176 f-.*.vl. DISTRICT APPROVED CHANGES 375T7g BENCHMARK AGENCY: N/A DESIGNATION: ..NONE DESCRIPTION:..CHISLED 'X' ELEVATION: 11.00 FEET LOCATION: UFT STATION ROOF. SOUTH 3DE OF DRY WELL HATCH. CARLSBAD MUNICIPAL WATER DISTRICT Sheet 7 ENGINEERING DEPARTMENT ^eets FOXES LANDING SEWER LIFT STATION UPGRADE LFT STATION UPPER AND LOWER LEVB. PLAN8 ..28178 (.a^'M RCE bete Drwn.; Checked: CMWD 98-407 DWG 133-9B 050701 C509-Ny'' ^ t STATION ROOF PUN SEE SITE PLAN SHEET 5 SCALE: 3/8"= T-O" • SW*"* AND AT TOP AND BOTTOM OF EACH V6RTKAL SECTWN BEIWEEN FtOM LEVELS. DUCTS SHAU BE SOPPORTH) FROM CONCRETE WAU WITH !U!!I^^^^55:£S* »ffKRAUY CAST WTO DUCT SOEWALLS. BRACKET SIZE AND ANCHORAGE TO CONCWTE WALLS SHAU BE PER DUCT MANUFACUJRCR. °" mn/amrt WOTH SHAU MATCH DUCT wiom (OR DCPIH). njxiywmrrHEiGHT SHAU BE AS HEOUWH) TO ACCOMMOOATE SPECIFIEO SUPKY OR •?P^ ^'f^. INLET/OUTLET LENGTH SHAU BE AS REQUREO FOR FACE OF SUPPLY OR RETURN REGISTO* TO BE 6" FROM OCTSOE FACE OF DUCT. 20. FRP DUCT TRANSmON FITTIMB, 12' X 2r RECTANGULAR TO 12* X 21. FRP DUCT TRANSmON FTTUNC 12" X 28" RCCTANCUIAR TO 20" OIA ROUND. 22. 20' DIA. (I.D.) FRP DUCT. 3/18* MWNUM WAU TWCKNEBS. PROVIDE 3 AMFOIL SECTION TURNMG VANES F/WCATEO MTO THE 2B. 18- X 20" 1.0. RECTANGULAR FRP DUCT, 3/1«' MINIMUM WAU THCKHESS. 28. •' x 18" f.D. RECTAMGLttJW FRP DUCT, 3/18* MINtHUM WAU THCKNESS. 27. 18' X ts* LDL SQUARE FRP DUCT. 3/18' MtWWM WAU THKXNESS. 28. FRP DUCT TRANSITION FTTTING. 18' X 20' BECT««ULAR TO 18" DIA. ROUND. 29. FRP DUCT TRANSmON FTTTING. 9' X 18" RECTANGULAR TO 18" X 18" SQUARE. aa FRP ouCT TRAiamoN nniNG. IB" X IB* SQUARE TO JO* DIA. ROUND. 31. 16' DH. (I. 0.) FRP DUCT, 3/18' MMMUW WAU TMCKNESS. 32. 14' OIA. (IJ).) FRP OUCT. 3/8" MINIMIM WWU THCKNESS. DUCT SHAU BE SUITABLE FOR BURCD SERVKE. 53. 10" FLANGED X GROOVED END 90" ELBOW, FLANGE SHAU BE SIYLE 341 VW-FLAHGE ADAPTER. 34. 10" GROOVED ENO 4S- OBOW AND 10" GROOVED COUPUNC. VICTAUUC STYLE 31. 35. 14* X 10" FLANGED CONCOORlC REDUCER. 38. 14* X14' K 10" FLANGED REOUONO WYE (lATEIWL). FLANGED REDLX3NG WT ELBOW. 39. 10' GROOVED COUPUNC. VICTAUUC STYLE 31. 40. 6" FLANGED W PUMP SUCTION ELBOW WITH 4' MINIUUM I.O. HANDMOtX ANO 1/2' NPT GAUGE TAP. SUCTION ELBOW SHAU BE FURNISHED SY PUMP MANUFACTURER. 41. STAINLESS STEEL KEUUM GRIP CABLE SUPPORTS FDR PUMP POWER ANO CONnWl CABLES. ATTACH KEUUM CRIPS TO 3/8* DIA. STAINLESS STEEL THREADED HOOKS ANCHORED TO CONCRETE WITH STAWHJSS STEEL INTERNAUY THREADED EXPANSION ANCHORS (REDHEAD MULTI - SET II DROP- M ANCHORS. OR EOUAL). 42. 3/4" DW. 304 STAINLESS STEEL U - BOLT WITH DOUBLE NUTS ON EACH EN). - TON CHAM HOIST. MONORNL 44. 4" X 4* X 3/8" ANGLE (LENGTH AS REQOIREO) AT EACH PUMP DISCHARGE PIPE. CONNECT ANGIE TO Cia X 2S WITH nU£T WELD AU AROUND. CONNECT ANGLE TO WAU WIIH 5" X 5" X 1/2" PLATE (FUUY WELDED TD ANGLE) AND 3/4" OIA. STAINLESS STEE. WEDGE ANCHOR. 45. 6'H X 12'W FRP LAY-IN WWEWAV WITH TOP MOUNTED FRP GASKETED COVER. 46. FRP W«EWAY (6"H X 12>). 4S' HORIZONTAL BEND. 47. FRP WIREWAY (6^ X ^^'^). 48* VERTICAL INStOE BEND. 4B. FRP WIREWAY (S'H X Mil). 4ff VERTICAL OUTSIDE BENO. 50. NDU 12 FRP ENCLOSURE. ROBROY MODEL N20188. PROVIDE SUBItfRSKM PROOF SPUCE KITS FOR SPUOHO PUMP POWER ANO CONTOOL CABLES. ATTACH JUNCTWN BOX TO CONCRETE WAU WITH FRP UNSTRUT (PS3). 51. y-O" X 5*-0" PRECAST CONCRETE ElECTROL VAULT 4*-6* DEEP (HEADROOM) WITH HOC BOLTOOWN PARKWAY COVER. BROOKS PRODUCTS SERIES 400DPB, OR EQUAL. NO DRAIN SUMP. PROVIDE WATERTIGHT NEOPREHC GASKET FOR VAULT COVDl. PROvn)E WATO»PROOF SEALANT FOR PRECAST SECTWN JOWIS (RAIWCCK OR EOUAL). PRWR TO BACKFUl. WATERPROOF EXTERIOR OF VAULT wm VANOEX SUPER. SET VAULT ON 12' THICK (MM.) CRUSHBJ ROCK. CORE HOLE IN BOTTOM FOR GROUND ROO, ANO SEAL WITH SlUCOrffi SEALANT FDR WATER TIGHT. 52. 2 POLE LIGHT SWITCH. MOUNT ON 1 UtET WEU DGHT5 ANO WHTLATKIN'. •ETECTEO. 00 NOT ENTER*. 53. 2 POLE UGHT SWITCH. MOUNT ON l-t/2' DIA. HOG POLE WITH ALARM UGHT. LABEL SWITCH 'DRY WEU UOHTS". Few UGHT. LABEL "DRY WEU VEMULATKJN FAIL/GAS DETECIEa 00 NOT EMICT". SS. FLOW METER VAULT DRAIN UNE (2* DIA.) SLOPE TO DRY WEU SUMP. ATTACH TO CE&JNG WTH FRP UNBTRUT SUPPORTS. 58. FLOAT SWITCMES. ATTACH FLOAT SWTTHCES TO 1/2' SCHED. 40 STARILESS STEEL PIPE WITH NVION TIES AND SET INTO WET WELL EXTEND PIPE 4'-0' ABOVE GRATWG ANO ANCHOR TO CONCRETE WAU WITH FIBOKUSS UWSTRUT AT TWO LOCATIONS «CW GRATWG. 97. NOTCH GRATING FOR BUBBLER TUBE. RJOAT SWITCHES. AND Dffr WEU SUMP ORAM UNE. PROVOE EXTRA 58. OCRGENCY STOP PUW BUTTON STATXJNS FOR PUMPS 1. 2. AND 3. PUSH SUTTON STATUNS SHALL BE SUITABLE FOR SUBMERSQN IN WATER UP TO 30' DEEP, ANO 5HMJ. BE HOUSED m NEMA 4X STAINLESS STEEL ENCU3SURES. PUSH BUTTON SrATK)N5 SHAU BE AS MANUFACTURED Br GlANNM INSTTTUTE PETRO-MARME PRODUCTS. OR EOUAL. MOUNT STATIONS ON 1/4* THICK ALUMVMM PmTE ANO ATTACH PLATE TO SfflE OF CONCRETE STNRS SO STATIOMS Aftt AT 4'-0" ABOVE FINISHED FLOOR. CONNECT CONDUCTORS FROM CI06 TO STATKMS. USE WATERPROOF O0NNECTK)NS Ml LOCMIONS WITHIN DRY WEU- PROVDE NAMEPLATE FOR VCH STATKIN STATING: STOP PUSH BUTTON PUMP HO. , MAMJAL RESET RBMIRED IN CONTROL BUILDING'. RECORD DRAWMO ^ DATE: S-il-ol. BY: KRIEGER ;ER ie STE EWART. INCORPORATED Kgncm meOIIPDKATEl) UfltwN^ AM. • W>iwWifc CA. K90I • WW 11 ttOO muBiwu) CNGKER Ne.jatt£_MiEi2ri*::9 APPROVED RECORD DRAWINGS 28176 9-*.a^ District Engineer MLUAM E. PLUMMER RCE Dote «aSmAT10N OffWES 3-31-02 DISTRICT APPROVED CHANGES Description I it^retHiUTlON Approved Dote 61. COMBUSHBLE GAS DETECTOR TRANSHTTTER. 63. t/4* PVC FLEX TOBMC BETWEEN TRANSMTflER AND SENSOR FDR CAU8RATK)N ANO 3/4'C WTTH 3C |1P CABLE. 65. REMOVE EXISTMG UMTT SWITCH AT TOP OF DOOR FOR ORT waL. INSTAU NEW MAGNETIC SWITCH FOR INnUSON ALARM AND COWUIT TO PUU BOX WITH 2#t2. 1#t2 ORD, RUN IN WIRE WAY. 88. PROAOE LOW VOLTAGE C0RROSX)N RESISTANT, EXPLOSKM PROOF UMIT SWITCH AT TOP OF DOOR FOR NET WEU INTRUSION ALARM. CONNECT 1/2* REX COMIUT WITH 2#12. I#13 CRD. 87. R^LACE EXISTING GRATING WITH FRP GIWTIN6 AND PROVIDE NEW FRP GRATINC WHERE SHOWN. ORATING DEPTH TO HATCH EXISnNG. GRATMG SHAU BE PULTRUOED CORGRATE l-BAR SERIES AS HMAJFACTURO) HcNICHOLS. OR EQUAL e& SUMP PUMP (SWGLE PHASE, t20V) WITN INTEGRAL FLOAT SWITCH (ON/OFT SWITCH). HOUNT SUMP PUMP IN EXISIWG SUMP PIT AND M5TAU NEW DSCHWCE PIPINO. ATTACH POWER CORD TO DISCHARGE PIPING WfTH NYLON TiES AND CONTACT TO NEMA 8 JUNCnON BOX WITH SEAL-TUMT CUIE FTTTING. ei. PEWENT MOUNT FIXTUtE TO PIPE SUPPORT BEAM. 7a CORE ORIU THROUGH CBLiNG. INSTAU CONOliir, AND COWCCT TO SWITCH AND JUNCnON BOX. 71. CONSTRUCT FRAME (SOHLAR TO EXIsnNG) USMC 2* SO. STL. TUBE (1/8* THICK MIN.) AND 1/4' 'miCK PUTE, FUUY WELDED AND HOG AFTER FABRICAIKM. LEVCL WITH lEVEUNG NUTS ANO SET ON GROUT PAD. PROVIDE SPACE FOR EXIST. UETAL DRIP PAN. HELD MEASURE HVDIUUUC UNIT SPACW6 ANO mtCH. CONSTRUCT FOR COVER TO FIT. 72. ANCHOR HYORAUUC DRWES TO 2* FRAME WITH 4-1/2* OIA. ST. STL BOLTS. 73. COHWMUTOR KTORAUUC DRIVE FIBERGtASS HOUSING PER SPEC1F)CATK)NS. 74. RELOCATED COHHINUTOR HYDWUUC DRIVES. 75. CONNECT PIPING TO DRIVE WITH STAINLESS STEEL REINFORCED HYDRAULIC (H«H PRESSURE) HOSE (PER MANUF. REQUIREMENTS). 77. 5/8* DW. X 8'L COPPER CLAO GROUND HOO DRIVEN MTO GROUNO TMTOuGH BOTTOM OF VAULT. PROVIDE GROUNDffIG OF CONDUTTS TO GROUND ROO. PACK MNULUS AROUND GROUM) ROO WITH EPOXY GROUT FOR WATERHGHT SEAL. 78, 390 MCH BARE <»)PPER CONDUCTOR TO BURjOmc GROUND SVSTIM. 79 AIR FLOW SWITCH MOUNTED INTO DUCT. RUN 3/4'C 2f12. 1#12 ORO. TO PUU BOX ANO THEN TO MCP. TYP. 4 LOCATTOHS. FLOW SWTCMES SHAU BE PAOOIE TYPE, CORROSION RESISTANT. EXPLOSION-PROOF. AND SUHABLE FOR MOUNTING IN VERTKM. OUCT. FLOW SWITCHES SHAU BE AS MANUFACTURED BT MCDONNEU AND MILLER, OR EQUAL. 83. TRANSITIOH COUPUMft 3/8* PCT.Y TUB»« TO 3/8* SCH. 40 ST. STL 84. 2'-B-W X r-O-H FBERCLASS REMFORCED PLASTIC DOOR WTTH STAMLESS FRAME PQt SPEClFK>TK)HS. FIELD MEASURE CONCRETE OPENING PRIOR TO SUBMirTNG DOOR SHOP DRAWINGS. WET WEU DOOR SHAU BE PBOVIOED WITH AN la'H X 24"W FIXED LOUVER AT BOTTOM. DRY WEU OOOR SHAU BE SOUD. EACH DOOR SHAU BE FURNISHED WITH nPE HW-I HARDWARE. BENCHMARK AGENCY: N/A DESIGNATION: ..NONE DESCRIPTION: ..CHISLED 'X" ELEVATION: 11.00 FEET LOCATION: UFT STATION ROOF, SIDE OF DRY WOL SOUTH HATCH. CARLSBAD MUNICIPAL WATER DISTRICT Sheet 8 ENGINEERING DEPARTMENT Sheets FOXES LANDING SEWER LIFT STATION UPGRADE LFT STATION ROOF PLAN District Engineer: WILUAK E. PLUMMER RS Dote Drwn.: Checked: CMWD 98-407 DWG 133-9B 050701 8^ (TIP.) RECORD DRAWI4G BY: ^ DATE: g-**"^ KRIEGER & STEWART. INCORPORATED DRY WELL SECTION SCALE: 3/a"=l'-0" (TYP.) EL. 3.7t t 1«RSD WET WELL SECTION SCALE: 3/8'-r-O" KlUIGEQ %fttwt ftDT INCOSfflHATEO r AM. . wi.iijfc CA tteoi • APPROVED RECORD DRAWINGS •^t^fiSk, *"r^mi"'' 28178 9-4. Dislrict Engineer WILUAM E. PLUMMER RCE Dale DISTRICT APPROVED CHANGES Description *rmnati\ Dote K5 \s/im BENCHMARK AGENCY: N/A DESIGNATION: ..NONE DESCRIPTION: ..CHISLED V ELEVATION: 11.00 FEET LOCATION: UFT STATION ROOF, SOUTH SIDE OF DRY WELL HATCH. CARLSBAD MUNICIPAL WATER DISTRICT Sheet 10 ENGINEERING DEPARTMENT FOXES LANDING SEWER LIFT STATION UPGRADE UFT STATION SECTIONS District Engineer WILUAM E 21121 UOA^M E. PLUMMER RCE Dote HEQSTRASOW EffKB 3-31-03 CMWD 98-407 DWG 133-98 SCALE: 3/8"-r-0" PUMP AND PIPING LAYOUT IS FOR CENTER DISCHARGE PUMPS. SIDE DISCHARGE PUMPS ARE ONLY ACCEPTABLE IF THE PUMP VOLUTE CASING IS ROTATED OR TRANSmON FITTINGS ARE PROVIOED SO THAT THE VERIICAL PIPING MATCHES THE LOCATION SPECinED FOR THE UPPER LEVEL PUMP ANO PIPING SHOWN FOR PUMPS WITH 8" SUCTION ANO 6" DISCHARGE FOR ALTERNATIVE SIZES. CONTRACTOR SHAU. PROVIDE NECESSARY TRANSITION FiniNOS. CONTRACTOR SHALL SUBMIT TRANSITION FITTINO LAYOUT DRAWING FOR OWNER'S APPROVAL. DRY WELL / WET WELL SECTION SCALE: 3/8"-r-O" CARLSBAD MUNICIPAL WATER DISTRICT Sheet 9 ENGINEERING DEPARTMENT Sheets RECORD DRAWBKI BY: - g-ffca p^^^ S-3,-.2. KRIEGER It STEWART, INCORPORATED KOBGEO INCOHPOSATED ^ CA. naot. tnt MI moo APPROVED RECORD DRAWINGS -28176. 9. .4. at. RCE Dote DISTRICT APPROVED CHANGES Description yprwaj Dots BENCHMARK AGENCY: N/A DESIGNATION: ..NONE DESCRIPTION: ..CHISLED Y ELEVATION: 11.00 FEET LOCATION: UFT STATION ROOF. SOUTH SIDE OF DRY WELL HATCH. FOXES LANDING SEWER LIFT STATION UPGRADE LFT STATION SECTK3NB District EngmeerTwiUAM E. PLUfcl REtiSTRATKIN EXPIRES ^8176 isJlA^ PLUMMER RCE Dote 3-3t-oa CMWD 98-407 DWG 133-98 050701