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Ferreira Construction Co Inc dba Ferreira Coastal Construction Co; 2018-11-29; PWS19-512UTIL
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2020-0025457 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII 1111 Jan 16, 2020 03:07 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned is Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Dec. 13, 2019. 6. The name of the contractor for such work or improvement is Ferreira Construction Co., Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 5205-B, Installation of New Recycled Water Services. 8. The street address of said property is on various streets in the City of Carlsbad. VERIFICATION OF CITY CLERK/ SECRETARY I, the undersigned, say: I am the Secretary of the Carlsbad Municipal Water District, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the Executive Manager of said Board on Janvag /tf-rh. , 2~ 0 , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on JaMaj 14th , 20 d 0, at Carlsbad, California. -4--,1.L.,11.;...:::_:,:::...c::....:.._.;:__-r---'-...L"--J.....L!<.!.......J"""-'c= t z f Pc P vJ-1 Ci. "!j r;r BARBARA ENGLESON <.J CJ tri./ Secretary Q:\Public Works\PW Common\CAPITAL-ACTIVE\5205-B Installation of New Recycled Water Services\NOC (Public and Private) -revised 2019-02-C?.doc CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Ferreira Construction Co., Inc has completed the contract work required for Project No. 5205-B, Installation of New Recycled Water Services. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Recycled water services $611,304 CERTIFICATION OF COMPLETION OF IMPROVEMENTS EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The Carlsbad Municipal Water District is hereby directed to commence maintaining the above described improvements. k, Executive Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By U_g,,,,--, Deputy City Attorney D Q:\Public Works\PW Common\CAPITAL-ACTIVE\5205-B Installation of New Recycled Water Services\API (Public Works) -revised 2019-02-07.doc Project: 5205-B, Installation on New Recycled Water Services Change Order No. 01 CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT CHANGE ORDER NO. 01 PROJECT: 5205-B, INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. PWS19-512UTIL (RE-BID) ACCOUNT NO. 5057000.9060/52051.9066 P.O. NO. P136928 CONTRACTOR: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. ADDRESS: 10370 Commerce Center Dr .• Ste. B-200 Rancho Cucamonga. CA 91730 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the Board and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the Executive Manager and/or the President of the Board or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Decrease Bid Item No. 21, Unforeseen Site Conditions. Decrease to contract cost. ............................................................. ($21,234.01) TOTAL DECREASE TO CONTRACT COST ................................................. ($21,234.01) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THIS IS THE FINAL CHANGE ORDER FOR THE CONTRACT AND CONSTITUTES A FINAL SETTLEMENT OF ALL ISSUES AND CLAIMS RELATING TO ANY CHANGES IN THE WORK, WHICH IS THE SUBJECT OF THIS CHANGE ORDER, INCLUDING, BUT NOT LIMITED TO ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH SUCH CHANGES AND ALL ADJUSTMENT TO THE CONTRACT PRICE AND CONTRACT TIME. Project: 5205-B, Installation on New Recycled Water Services Change Order No. 01 I.J/ I <t (DATE) /Z.-/0 -11 (DATE) l~-1,./c, (DATE) : =:-:-:=-t-::-::::::~":-t-:+.-:A-:::G-:::E-:::R--:/-:::P'."::::'R'=E~S~ID"=E:-:-Nc::::T;:::::0:-=:F"'"'T~HE (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B PWS19-512UTIL (RE-BID) DBE PARTICIPATION ,, •+;' Revised 6/12/18 Contract No. 5205-B Page 1 of 181 SUMMARY OF CONTENTS Tables of Contents .......................................................................................................... 2 Contracting/Bid Forms ..................................................................................................... 3 General Provisions .......................................................................................................... 4 Supplemental Provisions ................................................................................................. 5 Appendices ...................................................................................................................... 7 Appendix A .......................................................................................... Project Exhibits Appendix B ..................................................... Details and CMWD Standard Drawings Appendix C .................................. Guidelines for Meeting Davis Bacon Requirements Appendix D ............................................... Guidelines for Meeting DBE Requirements Appendix E ................................................. Guidelines for Meeting AIS Requirements Appendix F ......................................................... Construction Signage Requirements Appendix G .................................................. SWPPP Template for Tier I Construction Appendix H ................................................................................. Sample Door Hanger {"\ •;;' Revised 6/12/18 Contract No. 5205-B Page 2 of 181 ITEM TABLE OF CONTENTS: CONTRACT/BIDDING DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, TECHNICAL SPECIFICATIONS, AND APPENDICES CONTRACT/BIDDING PROVISIONS PAGE Notice Inviting Bids.................................................................................................................... 9 Contractor's Proposal................................................................................................................ 16 Bid Security Form...................................................................................................................... 26 Bidder's Bond to Accompany Proposal .. .. .. .. .. .. .. .... .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 27 Guide for Completing the "Designation Of Subcontractors" Form .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. . 28 Designation of Subcontractor and Amount of Subcontractor's Bid Items .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 30 Bidder's Statement of Technical Ability and Experience.......................................................... 31 Bidder's Acknowledgement of Intent to Provide Qualifications for the Contractor's Representative...................................................... 33 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. . 34 Bidder's Statement Regarding Debarment............................................................................... 35 Bidder's Disclosure of Discipline Record .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. .. .. .. .. .. .. .. . 36 Non collusion Declaration to Be Executed by Bidder and Submitted with Bid.......................... 38 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Labor and Materials Bond......................................................................................................... 46 Faithful Performance/Warranty Bond....................................................................................... 48 Optional Escrow Agreement for Surety Deposits in Lieu of Retention..................................... 50 .,., •,;' Revised 6/12/18 Contract No. 5205-B Page 3 of 181 GENERAL PROVISIONS Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Terms, Definitions Abbreviations and Symbols Terms ................................................................................................................ 54 Definitions . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . . .. . . . . .. . . . . . . . .. . . . . .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . 54 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Units of Measure ............................................................................................... 61 Symbols ............................................................................................................. 62 Scope and Control of The Work Award and Execution of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Plans and Specifications................................................................................... 65 Work to be Done............................................................................................... 70 Subsurface Data............................................................................................... 70 Right-of-Way..................................................................................................... 70 Surveying ................ :......................................................................................... 70 Authority of Board and Engineer....................................................................... 75 Inspection.......................................................................................................... 75 Changes in Work Changes Requested by the Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Changes Initiated by the Agency...................................................................... 76 Extra Work........................................................................................................ 77 Changed Conditions . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . .. .. . . .. . . . . .. . . . . . . . . . . . . . . . . . .. . 80 Disputed Work.................................................................................................. 81 Section 4 Control of Materials 4-1 Materials and Workmanship............................................................................. 87 4-2 Materials Transportation, Handling and Storage.............................................. 91 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 Utilities Location............................................................................................................. 92 Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Removal ............................................................................................................ 93 Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Delays ............................................................................................................... 94 Cooperation....................................................................................................... 95 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work..................................... 96 Prosecution of Work ......................................................................................... 101 Suspension of Work.......................................................................................... 102 Default by Contractor........................................................................................ 102 Termination of Contract .................................................................................... 103 Delays and Extensions of Time ........................................................................ 103 Time of Completion........................................................................................... 104 Completion, Acceptance, and Warranty ........................................................... 107 Liquidated Damages ......................................................................................... 108 .,., •~ Revised 6/12/18 Contract No. 5205-B Page 4 of 181 6-10 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 7-15 Use of Improvement During Construction ........................................................ 108 Responsibilities of the Contractor Contractor's Equipment and Facilities .............................................................. 110 Labor ................................................................................................................. 110 Liability Insurance . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 110 Workers' Compensation Insurance .................................................................. 110 Permits .............................................................................................................. 111 The Contractor's Representative ...................................................................... 111 Cooperation and Collateral Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Project Site Maintenance.................................................................................. 113 Protection and Restoration of Existing Improvements ..................................... 115 Public Convenience and Safety ........................................................................ 115 Patent Fees or Royalties ................................................................................... 122 Advertising ........................................................................................................ 122 Laws to be Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Antitrust Claims................................................................................................. 123 Prevailing Wage................................................................................................ 123 Section 8 Facilities for Agency Personnel 8-1 General.............................................................................................................. 123 Section 9 9-1 9-2 9-3 9-4 Measurement and Payment Measurement of Quantities for Unit Price Work ............................................... 124 Lump Sum Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Section 200 200-1 200-2 Section 201 201-1 201-3 Section 203 203-6 203-11 Section 206 206-7 206-8 206-9 Section 207 207-2 207-9 207-10 207-25 Section 210 210-1 210-3 {' •+;' Revised 6/12/18 Construction Materials Rock Materials Rock Products .......................................................................................... 136 Untreated Base Materials ........................................................................ 137 Concrete, Mortar and Related Materials Portland Cement Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Expansion Joint Filler and Joint Sealants ................................................ 140 Bituminous Materials Asphalt Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Asphalt Rubber Hot Mix (ARHM) Wet Process ....................................... 143 Miscellaneous Metal Items Traffic Signs ............................................................................................. 143 Light Gage Steel Tubing and Connectors ............................................... 144 Portable Changeable Message Sign ....................................................... 145 Pipe Reinforced Concrete Pipe ........................................................................ 147 Iron Pipe and Fittings ............................................................................... 147 Steel Pipe................................................................................................. 14 7 Underground Utility Marking Tape........................................................... 148 Paint and Protective Coatings Paint ......................................................................................................... 150 Galvanizing ............................................................................................... 150 Contract No. 5205-B Page 5 of 181 Section 212 212-1 212-2 Section 213 213-2 213-3 Section 214 214-5 Section 215 215-1 Part3 Section 300 300-1 300-2 300-3 300-4 300-9 300-13 Section 301 301-1 Section 302 302-11 Section 303 303-1 303-2 303-5 303-6 Section 304 304-3 Section 306 306-1 306-5 Section 310 310-5 310-7 Section 312 312-1 {' •+;' Revised 6/12/18 Landscape and Irrigation Materials Landscape Materials................................................................................ 151 Irrigation System Materials ....................................................................... 156 Engineering Fabrics Geotextiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Erosion Control Specialties ...................................................................... 159 Pavement Markers Reflective Pavement Markers.................................................................. 160 Fencing Environmental Fencing ............................................................................ 161 Construction Methods Earthwork Clearing and Grubbing ............................................................................. 162 Unclassified Excavation ........................................................................... 162 Structure Excavation and Backfill . . . . . . . . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 164 Unclassified Fill ........................................................................................ 164 Geotextiles for Erosion Control and Water Pollution Control . . . . . . . . . . . . . . . . . . 165 Storm Water Pollution Prevention Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation .............................................................................. 169 Roadway Surfacing Asphalt Pavement Repairs and Remediation.......................................... 169 Concrete and Masonry Construction Concrete Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Air-Placed Concrete ................................................................................. 170 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways............................................................... 170 Stamped Concrete ................................................................................... 170 Metal Fabrication and Construction Chain Link Fence ..................................................................................... 171 Underground Conduit Construction Open Trench Operations ......................................................................... 171 Abandonment of Conduits and Structures .............................................. 17 4 Painting Painting Various Surfaces . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Permanent Signing .................................................................................. 176 Pavement Marker Placement and Removal Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Contract No. 5205-B Page 6 of 181 Section 313 313-1 313-2 313-3 Part6 600-3 Temporary Traffic Control Devices Temporary Traffic Pavement Markers ..................................................... 177 Temporary Traffic Signing ....................................................................... 178 Temporary Railing (Type K) and Crash Cushions ................................... 178 Modified Asphalt, Pavement and Processes Rubberized Emulsion -Aggregate Slurry ................................................ 181 TECHNICAL SPECIFICATIONS Section 00 01 10 Section 01 39 00 Table of Contents Technical Specifications Pre-Construction Videography APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H ,, •,;' Revised 6/12/18 Project Exhibits Details and CMWD Standard Drawings Guidelines for Meeting Davis Bacon Requirements Guidelines for Meeting DBE Requirements Guidelines for Meeting AIS Requirements Construction Signage Requirements SWPPP Template for Tier I Construction Sample Door Hanger Contract No. 5205-B Page 7 of 181 CONTRACTING/BID FORMS ,, •,;' Revised 6/12/18 Contract No. 5205-B Page 8 of 181 CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on October 3, 2018, the Carlsbad Municipal Water District (District) 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: install 19 recycled water services throughout the District service area at 15 distinct locations. INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B PWS18-461 UTIL (RE-BID) Funding for this project has been provided in part by the Clean Water State Revolving Fund through an agreement with the State Water Resources Control Board. California's Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. This project has also been financed in part under Proposition 84 of the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency or the State Water Resources Control Board, nor does mention trade names or commercial products constitute endorsement or recommendations for use (Gov. Code 7550, 40 CFR 31.20). 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 Carlsbad Municipal Water District 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 District to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the District or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carlsbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. {'\ •+;' Revised 6/12/18 Contract No. 5205-B Page 9 of 181 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 City Clerk's Office. 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. The Carlsbad Municipal Water District encourages the participation of minority and women- owned businesses. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM Compliance with the Disadvantage Business Enterprise (DBE) requirements is required for this project. This project will be funded in part by the Clean Water State Revolving Fund (CWSRF) Program. The Carlsbad Municipal Water District is required to seek and encourage the use of Disadvantaged Business Enterprises (DBE). All Bidders / Proposers are required to complete and ensure the Good Faith Efforts (GFE) to ensure that DBEs have the opportunity to compete for financial assistance dollars. See Appendix "D" for all six good faith efforts requirements and blank forms for use of Bidders in providing DBE information. The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. AMERICAN IRON AND STEEL REQUIREMENTS Compliance with the American Iron and Steel provisions of P.L. 13-16 of the Consolidated Appropriations Act of 2014 is required. The Contractor shall review and comply with all of the regulations contained in Appendix "E" Guidelines for Meeting American Iron and Steel Requirements. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Bidder's Acknowledgement of Intent to Provide Qualifications for the Contractor's Representative 7. Acknowledgement of Addenda(um) ,, • ., Revised 6/12/18 Contract No. 5205-B Page 10 of 181 8. 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. 9. Bidder's Statement Regarding Debarment 10. Bidder's Disclosure of Discipline Record 11. Clean Water State Revolved Fund and EPA Forms (EPA Form 4500-3, and EPA Form 4500-4, found in Appendix "D", must be completed and submitted with Bid). Additional forms identified in Appendix "D" Disadvantage Business Enterprise (DBE) Requirements shall be provided per the instruction therein. 12. Escrow Agreement for Security Deposits (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) SUMMARY OF BIDDING SCHEDULE An overview of the bidding schedule is included in the following table. Details for each activity can be found in relevant section. ACTIVITY SCHEDULE TIME Released for Bid Wednesday,August29,2018 Deadline for questions Friday, September 14, 2018 5:00 p.m. Final addendum/Q&A issued (if applicable) Friday, September 21, 2018 Bid Opening Wednesday, October 3, 2018 11 :00 a.m. 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 $661,100. 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. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District. 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 involve federal funds. The following classifications are acceptable for this contract: Classification A -General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. {"\ •+;' Revised 6/12/18 Contract No. 5205-B Page 11 of 181 OBTAINING PLANS AND SPECIFICATIONS Bid packages various supplemental provisions and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5:00 p.m. on September 14, 2018. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by September 21, 2018. REJECTION OF BIDS The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID This invitation to bid does involve federal funds. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A current copy of applicable wage rates is on file in the Office of the City Engineer. The Davis Bacon rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the United States Secretary of Labor. Davis Bacon Wage determinations can be obtained from the U.S. Department of Labor's web site, www.dol.gov. See Appendix "C" for all Davis Bacon Requirements. The wage determination and the Davis Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by workers . . , f.+;' Revised 6/12/18 Contract No. 5205-B Page 12 of 181 The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. Contractor may be required to submit any related payroll, fringe benefit, apprentice, training and any other documents needed to support the Owner's Labor Compliance Program electronically upon request from the Engineer. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA 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 District 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: .,., •,;' Revised 6/12/18 Contract No. 5205-B Page 13 of 181 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing 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 any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The District does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the District may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. Approved by the Board of Directors of the Carlsbad Municipal Water District, California, by Resolution No. 1603, adopted on the 28th day of August 2018. August29,2018 cZ~V--- Date Graham Jordan, Deputy Clerk ,, •+' Revised 6/12/18 Contract No. 5205-B Page 14 of 181 l"\ • .-, Revised 6/12/18 (This page intentionally left blank) ... ... Contract No. 5205-B Page 15 of 181 , 10/2, ~ CARLSBAD MUNICIPAL W~TERJlTSTRlQIA~ INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B CONTRACTOR'S PROPOSAL Board of Directors Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 5205-B 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: Item No. Description 1 Furnish all labor, materials, equipment, services and appurtenant work to complete the construction of Recycled Water SeMce?-?% -~ 2 Furnish all labor, materials, equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 5 at SCHEDULE Approximate Quantity and Unit LS LS =~~];w!tmrl ft Q Revised 6/12/18 Contract No. 5205-B Unit Price (Figures) Total Amount (Figures) $J), Jt,po.ro $~.1~-ro i Page 16 of 181 Approximate Item Quantity Unit Price Total Amount No. Description and Unit (Figures} (Figures} 3 Furnish all labor, materials, LS $~~, 15~.0D equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 6 at =~~aaj (Price in W;;s) ?:uo CO')-cj 4 Furnish all labor, materials, LS s;29 t role.co equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 7 at tlu"~i1f. >Jir{, T/yj)wm cigH-. llrrltiri ~if~ ~i~ Wl11ti5 aai (Price in War s) ~() u.nf0 5 Furnish all labor, materials, LS sJq, ?vl.o.ro equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 8 at ?#ft!/lirt-~::rig}i: 4w}r«J ,A IX to I -cCYO (Price in Words) c-enfj 6 Furnish all labor, materials, LS sc1J i ~l.D , ro equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 9 at ~I ~~~ 1N-1Mrr1 {;-i~ Jlu-tlcai FI ~ 0\X WI Qf') and WO (Pric in Words) ~ 7 Furnish all labor, materials, LS s ~30, q~ l.oo equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 10 at ~·~1~:~o (Pri:in Words)~ ft ~, Revised 6/12/18 Contract No. 5205-B Page 17 of 181 Approximate Item Quantity No. Description and Unit 8 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 11 at "Tu .0'.l:l4 U!Hl, i1Y'ilI::ard :sl~t'.() 1-\iafred sevt:ntq y~c.n TxJIM (Price in Words}c\ro 'k,(0 ~ 9 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 13 at ~t<~~~ P~ce in Wor:) b 10 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 15 at ~E.i~~ (Price in Words) ~err: ~ 11 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 16 at rt 12 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 17 at · 1 \krdrcd ft "' Revised 6/12/18 Contract No. 5205-B Unit Price Total Amount (Figures} (Figures} $ol91171.00 $3o1iK3.CD , $Ji,l/5.00 ' $J'6191q.oo $31,157.00 Page 18 of 181 Item No. Description Approximate Quantity and Unit 13 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 18 at ~i~Tuart (Pnce in Words) 2J:X O ~ 14 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 19 at · \\! ft 11 15 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 22 at l"ta) 16 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 23 at 7&0M~n~~~ (Price in Wordsj ~~ 17 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 25 at . , 1, ,..rl ,r F1\,,t 1-tUQ)rcd ft \i1 Revised 6/12/18 Contract No. 5205-B Unit Price (Figures) Total Amount (Figures) sJ1,@.ro Page 19 of 181 Item No. Description Approximate Quantity and Unit 18 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 26 at ~Y ~ Rl.Y Wtrdra:i _TbY_IIOXw (Pricein ords) av(} ~,Y('.) ~ 19 Furnish all labor, materials, LS equipment, services and appurtenant work to complete the construction of Recycled Water Service No. 27 at fk O P,vc., 20 Mobilization/Demobilizatio LS, Not to ,-Exceed 5% 21 Allowance (Price in Words) 22 LS 23 Project Sign at LS IE1\~{tl!!J:); d 0 Revised 6/12/18 Contract No. 5205-B Unit Price (Figures) Total Amount (Figures) $jY1YU.co $~,{_£(1).C[) $35,050 $ 13,6.50.0o ' Page 20 of 181 Item No. Description Approximate Quantity and Unit Unit Price (Figures) Total Amount (Figures) 24 Storm Water Pollution Control LS $) 1733. (;IJ Plan at . ~Yee/ itl~~ Total amount of bid in words: 5 iX tlt1ndred 1V\\Y1:'J \ WO 1"1ousa.rd Q~l r\undr~d Thifty £1~ht Doi l~r5 (Am uro C6~ Total amount of bid in numbers $ b 3d. S 36, DD ---+---'------------------- Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ____ ¢ _____ -AaS/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the Board of Directors of the Carlsbad Municipal Water District, the District may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 985180 , classification A,c-10,c-13 which expires on 01.31.2019 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the District§ 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 Board member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and ft Q Revised 6/12/18 Contract No. 5205-B Page 21 of 181 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 _B_i_d_d_e_r_' s_B_o_n_d _______ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ft Q Revised 6/12/18 Contract No. 5205-B Page 22 of 181 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business N/A (Street and Number) City and State __________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail ____________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted_....,N"-L..O.A...__ _____________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business ________________________ _ (Street and Number) City and State _________________________ _ (4) Zip Code ________ Telephone No. _____________ _ (5) E-Mail ___________________ _ ~ Q Revised 6/12/18 Contract No. 5205-B Page 23 of 181 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Ferreira Construction co. Inc. dba Ferreira Coastal Construction Co. (2) ~~- (Signature) Brandon Pensick-Vice President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of_c_a_l_i_fo_r_n_i_a _____ _ (4) Place of Business City 10370 Commerce Center Drive. Suite B-200 (Street and Number) and Rancho Cucamonga, CA (5) Zip Code _91_7_3_o _______ Telephone No. /909} 606-5900 (6) E-Mail bpensick@ferreiraconstruction.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED State 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: Nelson Ferreira-President Nancy Vliet-Senior Vice President Brandon Pensick-Vice President Lou Pacheco-Secretary/Treasurer ft \i1 Revised 6/12/18 Contract No. 5205-B Page 24 of 181 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 3, 2018 before me, Marla K. Khan Date Here Insert Name and Title of the Officer personally appeared ________ B_ran_d_o_n_P_e_n_s_i_c_k _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(J) whose name~ is/a,6 subscribed to the within instrument and acknowledged to me that he/s~/th,ey executed the same. i9 hislt\irlthtfir authorized capacity(i~). and that _qy his/1}6r/t~ir signatureOO on the instrument the person~, or the entity upon behalf of which the person~) acted, executed the instrument. 1············, . . MARLA K. KHAN ~ @/·-•-,. ·· Notary Public -California z ~ · .:·· San Bernardino County ~ l -Commission# 2196975 f • _ • ~to:m:i:es:ar21og, Place Notary Seal Above I certify under PENAL TY 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 JYr:tu J.a, l. /:.JfAJtJ Signature of Notary Public ---------------OPT/ONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ n Corporate Officer -Title(s): ______ _ r-1 Corporate Officer -Title(s): ______ _ • Partner -D Limited fJ General CJ Partner -D Limited D General n Individual I J Attorney in Fact [ ·11ndividual I J Attorney in Fact • Trustee I ·1 Guardian or Conservator U Trustee [I Guardian or Conservator D Other: _____________ _ n Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ LA ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 (This page intentionally left blank) ft ~, Revised 6/12/18 Contract No. 5205-B Page 25 of 181 BIDDER'S BOND TO ACCOMPANY PROPOSAL INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B KNOW ALL PERSONS BY THESE PRESENTS: That we, Ferreira Construction Co, Inc. dba Ferreira Coastal Construction Co., as Principal, and Berkshire Hathaway Specialty Insurance Company, as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent ( 10%) of the bid amount) Ten Percent Of The Total Amount Bid (10%) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B in the City of Carlsbad, is accepted by the Board of Directors, 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. 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. S!GNED /,ND SEALED, this __ 3_r_d ____ day of October 20 18 ' ---Ferreira Construction Co, Inc. Berkshire Hathaway Specialty dba Ferreira Coastal Construction Co. (SEAL) (~ ---------· By:----~--''----"--'------=-------(Signature) fra.rdm PM\C,L-\) \ Ci,, ~ e;vh i l (Print Name/Title) Krystal L. Stravato, Attorney-In-Fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER ~ ~, Revised 6/12/18 Contract No. 5205-B Page 27 of 181 ACKNOWLEDGEMENT OF CONTRACTOR -IF A CORPORATION --------µ\~e.., be~ ~~~ COUNTY OF On the __ day of __________ , 2018 before me personally appeared ho, being by me duly sworn, did depose and say; that f Ferreira Construction Co, Inc. dba Ferreira Coastal Construction executed the foregoing instrument, and acknowledged to me that such corporation executed the In witness whereof, 1 have hereunto set my hand and affixed m above county, the day and year written above. Notary Public ACKNOWLEDGEMENT OF SURETY COMPANY ST A TE OF NEW JERSEY COUNTY OF MORRIS On the 3rd day of October, 2018 before me personally appeared Krystal L. Stravato to me known, who being by me duly sworn, did depose and say; that (s)he is the Attorney-In-Fact of Berkshire Hathaway Specialty Insurance Company the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above county, the day and year written above. SANDY S JAMES-BROWNE Notary Public -State of New Jersey My Commission Expires Sep 19, 2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 3, 2018 before me, Marla K. Khan Date Here Insert Name and Title of the Officer personally appeared ________ B_r_an_d_o_n_P_e_n_s_i_c_k _______________ _ Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person,(ef) whose name¢) is/¢e subsc~ibed to the within instrument and acknowledged to me that he/~e/thj(y executed the same in his/her/th¢r authorized capacity(i~). and that by his/hpi'/t~ir signature(¢" on the instrument the person~, or the entity upon behalf of which the person¢) acted, executed the instrument. 1············~ MARLA K. KHAN : . ., •• .,. Notary Public -California 2 ~ San Bernardino County li; z Commission# 2196975 - My Comm. Expires May 13, 2021 Place Notary Sea/ Above I certify under PENAL TY 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 J(l{;uJ.a t'-. lkatu Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ____________ _ n Corporate Officer -Title(s): _____ _ r-1 Corporate Officer -Title{s): _____ _ • Partner -D Limited rJ General [I Partner -• Limited D General n Individual l J Attorney in Fact f l Individual l J Attorney in Fact [J Trustee r l Guardian or Conservator [J Trustee [ I Guardian or Conservator n Other: ____________ _ 11 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 D.i:J Berkshire Hathaway I!:!! u Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Krystal L. Stravato. Kevin T. Walsh. Jr., Thomas MacDonald. 100 South Jefferson Road. Suite 101. of the city of Whippany, State of New Jersey. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of April 12, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, ~ By: David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President On April 12, 2018 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] • GEOFFERY A. DELISIO Notary Public Commonweallh of Massachuselts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY rGM,>A.NY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. see hereunto affixed the seals of said Companies this October 3, 2018. Officer BHSIC, NICO & NLF POA (2018) ~ II il u.. g .... ,: C ~ E 0 u ., ~ e ~ .s: i!" ;;; 0 l > .. ~ ~ :c !! ~ ~ t E I:'. ! i!" ~ .1l ;;; :c ., lo :l li1 ~ ~ .. .. "i5. > ~ J=i <i oj ~ Q. ~ £ 0 5 .,,. C i !:i ,. II £ f 0 t- 8657 ,. > l5 g:· "' 'I' c::i ,-. ~ 5l I!:! 5 .t e ~ £ Q " ~ ; .. > Ill [ 1:: z ~ i!" i ~ ~ ,: .0 "' lfj, .... ~ 1j ;; 0 IQ iii i= E §-~ ,;; ~ ~ .. ~ ~ ? "' El. :15 .,,-~ ,-. 0 Ill, ID ... ~ q, c( m <,:, ;;; "' 3' ., ~ ~ C ,. t ., ~ c( C I:'. lo g· 6 oj ::: u .0 lo E ., :, " I C a ., ., .., ~ >, '§ z .0 "C • Is ~ 3 ... ~ ,-. ,: > "' N ~ ,: J, lo m ~ E "' ~ 5 C c( 0 e ~ ~ ;: :, u .. ~-N § ~ 0 <( ::; ~ u C C 0 II ! ! "lS. § ,?I ~-.. .. ,:; Q. 0::: <i € ~ :l i N ~ ~ 1 g C ~ 0 E t- BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS} ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS} Section 4. Officers. Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS} ARTICLE IV Section 1. Officers. Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIAL TY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102 ADMITTED ASSETS* 12/31/2017 9/30/2017 Total invested assets $ 4,516,104,907 $ 4,327,535,008 $ Premium & agent balances 297,141,264 279,204,700 All other assets 137,220,394 129,486,990 Total Admitted Assets $ 4,950,466,565 $ 4,736,226,698 $ 12/31/2016 3,707,827,160 193,621,498 185,024,482 4,086,473,140 LIABILITIES & SURPLUS* 12/31/2017 9/30/2017 12/31/2016 Loss & loss exp. unpaid $ 327,823,391 $ 288,456,911 $ 142,981,337 Unearned premiums 209,113,536 198,098,348 160,310,927 All other liabilities 663,892, 150 770,564,561 446,041,395 Total Liabilities 1,200,829,077 1,257,119,820 749,333,659 Total Policyholders' Surplus 3,749,637,488 3,479,106,878 3,337,139,481 Total Liabilities & Surplus $ 4,950,466,565 $ 4,736,226,698 $ 4,086,473,140 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. A.M. Best: A++ Rating Standard & Poor's: AA+ Rating GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Own Organization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 1 00 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 District of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. ft {.J Revised 6/12/18 Contract No. 5205-B Page 28 of 181 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the Board of Directors in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors 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. ft ~, Revised 6/12/18 Contract No. 5205-8 Page 29 of 181 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 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 Phone No. DIR Subcontractor's Amount of Portion of Subcontractor Name and and Email Registration License No. and Work by Work Location of Business Subcontractor Address No. Classification In Dollars* ~\0\(0 ."\ ~X\('{ lh~ V\l-L~l'\X.45-lrt1--:rr1llh In 77 l lJ ,"Y)l r; llo.:J11 rn I U')' Pfw rl~X c;l799 :1-'flr, i" u rt-r A C{ ).;l,J ·~ 1r1f r:_i'(t) ~\_~iv-a' Y iYLY't.1m . lillf)/ Iii rf) -t1LP,5<rn.m I I ){) -{J-pj j j ,.J 7 I 7ll~ '."Dr' i, Ll \n I liu CA q I l77 q Page _1 _ of 1 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(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.• ft Q Revised 6/12/18 Contract No. 5205-B Page 30 of 181 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B STATEMENTS OF TECHNICAL ABILITY AND EXPERIENCE FOR CONTRACTOR Bidder shall demonstrate that they are qualified for the job by providing proof of their experience and technical ability for construction in the disciplines of construction required to complete this job. Proof of Bidder's experience and technical ability (as outlined below) shall be attached to the Bidder's Statements of Technical Ability and Experience to be included with the Contractor's bid. The statement and listing of information shall include but not be limited to the successful construction of the following: 1. Water/Recycled Water Infrastructure Improvements a. Under current business name, five (5) municipal projects in the last five (5) years with at least: i. $300,000 contract values specific to water/recycled water improvements; ii. A total of 15 water/recycled water service installations for a single con- tract; iii. A total of 5 water hydrant installations for a single contract; and b. Completion of OSHA 30-hour Construction Training Course. Submit Contractor's Representative's certification as proof. CMWD reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not established. 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. ft Q Revised 6/12/18 Contract No. 5205-B Page 31 of 181 Contract Val If >Ject rrlme or Sub Name and Address of the Na1 nd Phone No. of Only Potal Quantity Owner Contact Person for Owner Total Contract Water/Recycled Water/I Value Water Water Infrastructure Ins~ lmorovements --P\-ecr:t ~ee., Adach<d Project FCCJob Man.,er OwnerN•me 200 II. Scott Venturi County 206 a. Scott City ol Chino Has 209 II. Scott Part ol ...... llncll 211 II. Scott EVMWD 221 II.Smit City ol C.rtsllacl 231 S.Johnsan lllvenlde County 234 S.Jahnsan Chino 111111 Desalter Authority 239 II. Scott MNWD West 111111 Munldpll 256 II. Scott Weter District 1420 II. Scott City ol Santa Fe Sprtnp 1447 5.Johnson ... 1111 E,nplre Ulllltles AceMY 1441 ll.5catt IADWP Ferreira Construction CO., Inc. dba Ferreira Coastal Construction Projects Water Projects Cllent Contact Name a Number of Work Location Value Start Date v.nturaCounty 5ulan Pan -(1115)3711-3025 lnslaff 617 LF ol 14" l'YC, 7l30lF of 12" l'VC Somls, CA $ 1,979,674.00 Jan-14 suun.pen~.ors and 13&0 LF ol r l'VC CltyolOll!loHllls Joe Dyer-191191 !64-2n1 lnstaN :UOO LF ol I" Weter Main and 120 Weter Chlnolllls,CA $ 645,903.00 Jul-14 5eMces l'ert ol l.onl •-h lluben F..,._ (562)213-nlS Crttlcal Valve Rep!--"-. 11..,i-Part ol ...... !leach $ 539,340.00 Jan-15 ,. thru 20" Valves ... the Part EVMWD .,_. 5--(951)674-31411d349 lnstaN 1IOD lF ol 20" DIP, 4571 LF ol 11" DIP Wlldofflar,CA $ 2,051,197.00 Nov-14 jmwlrt.,.__.net and 175 LF ef 36" Jacka •ore lnstal 4151 LF ol r l'YC, 1111 LF ef 6" l'YC, City ol Carlsbad Scott Fisher -(7IO)l14-7226 3392 LF ol 4" l'YC, UlF ol r Welded S1NI Dec $ 2,1111,190.00 Jul-15 scett.fhher•cartslladca#N ..... 43lF ol ti" Welded Steel l'lpe, 59 Wmr Senllces, 20 llew Offs 8111111 MAIi's Clarllc-buction Teny Gahn (727) 1&9323 S.-, Stenn a Fire Weter lndlo, CA $ 1,49ti,250.0D AIC-15 Chino 111111 Desalter Authority CUrtls D. ,_ l909) 2i.3230 1r a 24"11aw Water Line, l'ressure lleduclns Ontario, Eastvale , CA $5,500,000.00 Sep-15 ..... clllnodesalter.1111 Station Stew Merk -(949)795-6799 1111111 SOI LF ef r l'YC, 1001 lF ef I" l'YC, latllMNltuel, ....... MNWD 191 LF ol 4" l'YC, 35 Weter 5er¥lces 81111 9 Nr $ 1,739,593.tJO Fel>-16 llffll!lfc ........ Cllffl YKs H• 81111 Aliso lllejo, CA West 111111 Munlclpal Weter Venlnlca6-1-31CMID-l269 lnllllN 3500 lF ol I" l'VC reqded--2 jack a bores cnminl 1111 tndc, Nr Ylc, .,_,,, and G•nlen•,CA $ 1,550,llLOD Sep-16 District V91'111~ ... Weter 5eMce City ol Slntl Fe Sprll,p D11111 lenlsh-(626)203-2149 11111111 2511 LF ol r DIP 27" lF ol 11" Jacll a SanlaFeSprlnp,CA $ 715,091.GO May-14 ... lnllnll Empire Ulllltles .,cy Shaun Slane, l'E-l909) 931-1364 Provide ... call_,,.__, Emerpncy v.rteus loc9tlons thnqh $ 3,000,000.00 AIC-14 ......... aut lnllnll Empire lADWP M.-ceto Mlrtlnez-(213) 317-4147 l'H r..-a Dlscharle 11yd,Dtestec1 water v.rteus lecatlens thnqh $ UD,224.GO Oct-14 outLesAftleles Encll>ate Bond May-14 Oct-14 y Jul-15 y Fel>-15 y Jul-16 y CUrrent y M•-11 y Jun-16 y Mlr-17 y Jul-14 y AIC-17 Oct-15 y 1473 B. Scott City of Chino Hills City of Chino HIiis Paul Montoya -(909)364-2B17 Install 960 LF of 12" HDPE via HDD and 185 LF of 12' PVC Chino Hills, CA $ 287,965.00 Feb-15 Apr-15 y Install 410 LF of 16' CML&C, 100 LF of 8" RJ 1502 B. Scott City of Riverside SEMA Construction Abdallah Salama -(949)322-6923 DIP, 280 LF of 24' Steel casing and 54 LF of 36" Riverside, CA $ 540,144.41 Oct-15 Mar-16 Steel casing 1504 B. Pensick Waste Management Waste Management Kevin Walker On-Call Emergency Work Corona, CA $ 400,000.00 Mar-15 Shawnele Morelos -(760)522-9927 Install 3700 LF of 10" PVC, 667 LF of 10" HDPE 1527 B. Scott City of Oceanside City of Oceanside via HDD, 4 Gate valves, 7 Air Vacs and 1 Oceanside, CA $ 988,347.00 Jun-15 Aug-15 y smorelos@)lecorporatlon.com Wharfhead Filling Station 1531 B.Scott MNWD MNWD Steve Merk -(949)795-6799 Abandon 16" Water Main Laguna Niguel, CA $ 68,786.00 Sep-15 Nov-15 y 1537 B. Scott City of Laguna Niguel MNWD Steve Merk -(949)795-6799 Install 701 LF of 8" PVC Laguna Niguel, CA $ 154,042.00 Jan-15 Mar-16 y 1569 B. Scott City of Placentia GSWC Kerwin Fujlkaml -(714)535-7711 Install 1510 LF of B" DIP, 235 LF of 6" DIP and 28 Water Services Placentia, CA $ 481,803.00 Nov-15 Jan-16 1573 B.Scott MNWD MNWD Steve Merk -(949)795-6799 On-ca II Emergency Work Laguna Niguel, Laguna $ 250,000.00 Hills and Aliso Viejo, CA Jan-16 Jun-17 y 1613 B.Scott Port of Long Beach Port of Long Beach Ruben Fabela-(562)283-7215 Remove and Replace 6" thru 20" Valves and Port of Long Beach $ 880,060.00 May-16 Sep-16 y ruben.fabela@lpolb.com Install 12" & 20" Line Stops 1625 B.Scott City of Arcadia City d Arcadia Tiffany Lee-(626) 256-6580 Remove & Replace 30" Gate Valves and Install 1 30" Line Stops Arcadia, CA $ 285,780.00 Mar-16 Sep-16 y 1629 SJohnson City of Pomona OtydPomona Timotheus Hampton, PE Install 1,200lf of 10" potable DIP water line, Pomona, CA. $ 509,172.00 Sep-16 Oct-16 y (909) 802-7420 three blow offs and one air & vacuum release 1636 B.Scott MNWD MNWD Steve Merk -(949)795-6799 Install 1950 LF of 8" PVC water main Mission Viejo, CA $ 655,938.00 May-16 Aug-16 y 1639 B.Scott GSWC GSWC Justin Brown-(805) 349-7407 ext 110 Install 1750 LF of 8" DIP & 480 LF of 4" DIP, 37- water services, 2-flre hydrants, 8-tie-Ins Simi Valley, CA $ 679,270.00 Jun-16 Oct-16 1661 S.Johnson City of Chino Hills City of Chino Hills Joe Dyer-(909) 364-2771 Water & Sewer On can 3 year contract Chino Hills, CA $ 100,000.00 Jun-16 Current y Remove and replace existing flow meter 1662 SJohnson Inland Empire Utilities Inland Empire Utilities Agency Shaun Stone, PE-(909) 938-1364 station, Install new conduit, wire for station and Agency expand existing Motor control center Ontario, CA $ 127,584.00 Aug-16 Dec-16 y foundation 1664 B.Scott MNWD MNWD Steve Merle -(949)795-6799 Relocate 3 Pressure Reducing Stations Laguna Niguel, CA $ 788,863.00 Aug-16 Jun-17 y KEC-Kavous Emami lnstallllng 3,050 LF of 18" 10 gage steel CMLNC 1696 5. Johnson City Of Rialto KEC Engineering Waterline, 28 LF New Domestic Waterline, Install Rialto, CA $ 1,001,375.00 Nov-16 Jun-17 714-401-4695 (14) 6" Fire Hydrants, (20) 2" Servcles 5076 B.Scott Trabuco canyon Water Trabuco Canyon Water District Lorrie Lausten 949-858-0277 x 130 Install 4SSO LF of 16" PVC, 16" CML&C Bridge Lake Forest, CA $ 1,486,600.00 Apr-17 Sep-17 y District llausten@tcwd.ca.gov Attachment, Blow-offs, Air Vacs and tie Ins 5085 B.Scott City of San Clemente City of San Clemente Shawn Ryan 949-361-6122 ryans@san-Install 2300 LF of 8" PVC Water, Fire Hydrants, San Clemente, CA $ 608,018.00 Jun-17 Sep-17 y clemente.org Water Service, and Tie-Ins 5088 SJohnson Inland Empire Utlllties Inland Empire Utilltles Agency Shaun Stone, PE-(909) 938-1364 carbon canyon Water Recycling Facility Valve Chino, CA $ 235,437.00 Mar-17 May-17 y Agency Replacement Project 5109 B.Scott City of Anaheim City of Anaheim Scott Neumann 714-765-5176 Install 16"-8" PVC Water Main, 24 tie-ins, 24 water sneumann@anahelm.net services, 12 fire hydrants, 1 PRV Vault Anaheim, CA $ 2,059,782.00 Oct-17 Current y 5113 B.Scott GSWC GSWC Alejandro Flores 909-937--0111 x334 Install 5200 LF of 8" PVC Water Main, 79 1" tot 2" Claremont, CA $ 1,269,993.00 Jul-17 Current Water Services, 12 Fire Hydrants, 12 Tle Ins 5122 B.Scott MNWD MNWD Steve Merle -(949)795-6799 Valve Replacement Project 20" thru 8" Laguna Hills, CA $ 726,695.00 Oct-17 Current y B.5cott Lennar Homes Lennar Homes Install 2640 LF-12" Recycled Water, Water Service, Chino, CA $ 567,456.00 Oct-17 Current Blow-off, Air Vac, & Booster Pump Station BIDDER'S ACKNOWLEDGEMENT OF INTENT TO PROVIDE QUALIFICATIONS FOR THE CONTRACTOR'S REPRESENTATIVE (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B Bidder acknowledges review of the technical qualifications required for the Contractor's Representative provided in NIB and Section 7-6. The apparent low bidder will be required to submit qualifications demonstrating as such with award of contract documentation. Bidder hereby acknowledges intent to submit Contractor's Representative qualifications with contract award documentation. For Contractor: Title Vice President Name Brandocensick 7 '-....._ ----Signature---=--=------------ 10310 Commerce Center Drive, Suite B-200 Address Rancho Cucamonga, CA 91730 ft ~, Revised 6/12/18 Contract No. 5205-B Page 33 of 181 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 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 any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ft Q Revised 6/12/18 Contract No. 5205-B Page 34 of 181 Client#: 353923 FERRECONST ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 10/23/2018 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 -EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IPORT ANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~xai~"T Conner Strong & Buckelew rlJgN:o Ext\: 267-702-1467 I rffc. Nol: 856-830-1534 Two Liberty Place E-MAIL ADDRESS: 50 S. 16th Street, Suite 3600 INSURER(&) AFFORDING COVERAGE NAIC# Philadelphia, PA 19102 INSURER A : Zurich American Insurance Co. 16535 INSURED INSURER B : Endurance American lno Co 10641 Ferreira Construction Co., Inc. dba INSURER C : Uberty Insurance Underwriters 19917 Ferreira Coastal Construction Co. INSURER D : Great American Anurance Compan 26344 10370 Commerce Center Dr Suite B 200 Rancho Cucamonga, CA 91730 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 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 A GENERAL LIABILITY B ,-...-x COMMERCIAL GENERAL LIABILITY =• CLAIMS-MADE [!] OCCUR r------------------------ GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY lil ~r& iXl LOC AUTOMOBILE LIABILITY -X ANYAUTO -ALLOWNED _ AUTOS X HIRED AUTOS - -SCHEDULED _ AUTOS X NON-OWNED AUTOS UMBRELLA LIAB lJtj OCCUR x EXCESS LIAB 17 CLAIMS-MADE DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE~ OFFICER/MEMBER EXCLUDED? L1iJ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Excess Liability D Excess Liability N/A GL0019785402 BAP019787302 EXC30000705500 WC019787 402 1000301717-01 EXC 2275407 07/01/2018 07/01 /2019>-EA_C_H_O_CC_U_RR_E_N_CE __ -+--$2~0_00~0_00 __ ----il ~~~U9E~~~~.?..ncel $1,000,000 MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 PRODUCTS -COMP/OP AGG $4,000,000 $ !07/01/2018 07/01/2019 &~~~~~~l1NGLE LIMIT s2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ $ 07/01/2018 07/01/2019_ t-EA_C_H_O_CC_U_R_RE_N_CE __ -+-'-$~3=0~00~0~00~----1 AGGREGATE $3 000 000 $ 07/01/2018 07/01/2019 X lr'cfR~TtiWrs J l~JH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE· POLICY LIMIT $1,000,000 !07/01/2018 07/01/2019 $SM occ / $SM agg !07/01/2018 07/01/2019 $17M occ / $17M agg DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is required) Coverage: Contractors Professional/Pollution Carrier: Indian Harbor Insurance Company (NAIC #36940) Effective: 07/01/2018 -07/01/2019 Policy#: CE07446418-01 Limits: Contractors Professional= $10,000,000 Each Claim & Aggregate (See Attached Descriptions) CERTIFICATE HOLDER Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, CA 92008 CANCELLATION 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 w. © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD TMK #S2028427/M1931727 DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Occurrence/$10,000,000 Aggregate Policy Aggregate Limit= $10,000,000 : Recycled Water Phase Ill Pipeline Expansion Segment 5 El Camino Real & Tamarack, City of Carlsbad, CA Carlsbad Municipal Water District and its officials, employees and volunteers are Additional Insureds on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follows form. A waiver of subrogation applies as required by contract and permitted by law. SAGITTA 25.3 (2010/05) 2 of 2 #S2028427/M1931727 Additional Insured -Owners, Lessees Or Contractors -• ZURICH Polley No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GL00197854-02 07/01/2018 07/01/2019 07/01/2018 11498000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Ferreira Construction Co., Inc. Address (Including ZIP Code): 31 Tannery Road Branchburg, NJ 08876 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II -Who Is An Insured is amended to include as an additional insured the person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: •. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-GL-1177-F CW (04/13) Page 1 of2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Llablllty Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or •suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or •suit" will promptly be brought against any policy Issued by another insurer under which the additional insured may be an Insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, If the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV -Commercial General Uablllty Conditions: Primary and Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -Commercial General Uablllty Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence•, offense, claim or •suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. Wrth respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown In the Declarations, whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other tenns and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-GL-1177-F CW (04/13) Page 2 of2 Coverage Extension Endorsement Polley No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP0197873-02 07/01/2018 07/01/2019 07/01/2018 11498000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Llablllty Coverage: The following are also •insureds•: a. Any •employee" of yours is an "insured" while using a covered •auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any •employee· of yours is also an ·insured" while operating an ·auto• hired or rented under a contract or agreement In an ·employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an •insured" while using a covered •auto• you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an •auto• referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", induding those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the •accident• arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Dedarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Llablllty Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an •accident• we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-CA-424-F CW (04/14) Page 1 of6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 2 of6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 3 of 6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos-Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 4 of 6 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill-Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 6 of 6 ~ Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'l.Pmn Return Prem. GLO O 197854-02 07/01/2018 07/01/2019 07/01/2018 11498000 s s TlllS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Othen To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC0197874-02 Endorsement No. Insured : Ferreira Construction Co., Inc. 7-1-2018 Premium$ Insurance Company Countersigned by WC124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, 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. NA party debarred agency period of debarment BY CONTRACTOR: Ferreira Construction Co. Inc. dba Ferreira oastal Construction Co. (sign here) Brandon Pensick-Vice President (print name/title) party debarred agency period of debarment Page _1 __ of 1 pages of this Re Debarment form ft U Revised 6/12/18 Contract No. 5205-B Page 35 of 181 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 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? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. NA (If needed attach additional sheets to provide full disclosure.) Page 1 of _1_ pages of this Disclosure of Discipline form ~ ~ Revised 6/12/18 Contract No. 5205-B Page 36 of 181 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 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: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. By: (~trac!Qr~ - (sign here) Brandon Pensick-Vice President (print name/title) Page 1 of _1 _ pages of this Disclosure of Discipline form ft Q Revised 6/12/18 Contract No. 5205-B Page 37 of 181 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B The undersigned declares: Ferreira Construction Co. Inc. dba I am theVice President ofFerreira Coastal ' the party making the foregoing bid. Construction Co. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on October 3 ------------20~ at Rancho [city], CA [state]. Cucamonga Signa~~--Vice President ft Q Revised 6/12/18 Contract No. 5205-B Page 38 of 181 CONTRACT PUBLIC WORKS This agreement is made this '.2~1\,, day of A} <)~'yv\.¥:8.>L , 2018, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., whose principal place of business is 10370 Commerce Center Drive, Suite B-200, Rancho Cucamonga 91730 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and instal I the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the District will be the interpreter of the intent of the Contract Documents, and the District's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, District shall make payment to the Contractor per section 9-3 PAYMENT of the 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 District 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 ft "1 Revised 6/12/18 Contract No. 5205-B Page 39 of 182 conditions. Any information that may have been furnished to Contractor by District about underground conditions or other job conditions is for Contractor's convenience only, and District does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by District. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. See section 7-15 of the {'\ •+, Revised 6/12/18 Contract No. 5205-B Page 40 of 181 Supplemental Provisions and Appendix "C" for additional information regarding Davis Bacon minimum wage requirements. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the District. 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 District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. Contractor shall also defend and indemnify the District against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresenta- tion by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District requests separate counsel. {A) Metropolitan LRP Funding In the event that CMWD receives LRP rebates for the Project, except for the sole negligence or willful misconduct of Metropolitan, Contractor agrees at its sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan and its Board of Directors, officers, representatives, agents, and employees from and against any and all claims and liability of any kind (including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or the environment, or water quality problems) that arise out of or relate to CMWD's approval, construction, operation, repair, or ownership of the Project. Such indemnity shall include all damages and losses related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to or arising out of such claim of liability, but shall exclude damages and losses that arise from the sole negligence or willful misconduct of Metropolitan. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City of Carlsbad'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 {CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ,, •,;' Revised 6/12/18 Contract No. 5205-B Page 41 of 181 b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, 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 District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, 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 District by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. {"\ • ., Revised 6/12/18 Contract No. 5205-B Page 42 of 181 (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, 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. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carlsbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference . .,., •+;" Revised 6/12/18 Contract No. 5205-8 Page 43 of 181 (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the Board of Directors of the Carlsbad Municipal Water District of 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 11 above. ____ init 7/ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the District may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill .~ ~, Revised 6/12/18 Contract No. 5205-B Page 44 of 181 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE A.TTACHED (CORPORATE SEAL) CONTRACTOR: Brandon Pensick-Vice President (print name and title) CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation of the ::•le;JWJJ MAT HALL President ATTEST: By: ____ ___,,-,-~-...,.....------(sign here) BARBARA ENGL Secretary (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER :;n::trEgal C•s2f I'\ ~+;' Revised 6/12/18 Contract No. 5205-B Page 45 of 181 JJ'BRRBIRA OBA FERREIRA COASTAL CONSTRUCTION CO. CERTIFICATE OF CORPORATION RESOLUTION I, Nelson Ferreira President of Ferreira Construction Co Inc dba Ferreira Coastal Construction Co a corporation organized and existing under the laws of the State of _C_a_li_fo_rn_i_a _____ {the "Company''), do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Company duly held and convened on 1/30/17 at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at present in full force and effect: RESOLVED: That Brandon Pensick Vice President Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. ., is empowered authorized to execute contracts on behalf of the Company. of and IN WITNESS WHEREOF, the undersigned has affixed his/her signature and the corporate seal of the Company this--'--'--- [CORPORATE SEAL] Nelson Ferreira Printed Name CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 31, 2018 Date before me, Marla K. Khan Here Insert Name and Title of the Officer personally appeared _______ ..ccB=r=a=n=d=o=n'--"-P-"-e=n=s=i=ck'-'--______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thefer on{sf whose name(sf is/ale subscJibeq to the within instrument and acknowledged to me that he/ elthjfy executed the sam~ 19 his/l)er/th,l!flr authorized capaclty(i~, and that ,b/ hisll)e'r/t~ir signature( on the Instrument the person~, or the entity upon behalf of which the person~J acted, executed the instrument. @ MARLA K. KHAN _ Notary Public -California §§ ~ San Bernardino County > z Commission# 2196975 My Comm. Expires May 13, 2021 Place Notary Sea/ Above I certify under PENAL TY 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---'7YL____,_.._~~1Ja-=· ~-=t'--. --'-'LJ~la ............ rJO-=---- Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ____________ _ n Corporate Officer -Title(s): _____ _ f · 1 Corporate Officer -Title(s): _____ _ D Partner -D Limited fl General LI Partner -• Limited • General n Individual ! J Attorney in Fact f I Individual I I Attorney in Fact [J Trustee I I Guardian or Conservator lJ Trustee C:I Guardian or Conservator Cl Other: _____________ _ 17 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ WE,......_NMMM ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. 47-SUR-300088-01-0103 LABOR AND MATERIALS BOND WHEREAS, Board of Directors of the Carlsbad Municipal Water District located in the State of California, has awarded to Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., 10370 Commerce Center Drive, Suite B-200, Rancho Cucamonga 91730 (hereinafter designated as the "Principal"), a Contract for: INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carlsbad Municipal Water District and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., as Principal, (hereinafter designated as the "Contractor"), and Berkshire Hathaway Specialty Insurance Company as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of SIX HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED THIRTY EIGHT Dollars ($632,538.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice ,, •+; Revised 6/12/18 Contract No. 5205-B Page 46 of 182 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 :3 \ ~ Executed by SURETY this _3_1 s_t __ day day of OC,+()frX , 20..18_. of October , 20~. CONTRACTOR: Ferreira Construction Co., Inc. dba SURETY: Ferreira Coastal Construction Co. Berkshire Hathaway Specialty Insurance Company (name of Contractor) (name of Surety) By: /2_ 100 Federal Way, 20th Fl, Boston, MA 02110 -------~~~~b~2..t---~=====----(address of Surety) (sign here) Jiax:rl oo Qe.rl~\ ex.. (print name here) ~ice, ~e.G\cbol (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (516) 387-1170 (telephone number of Surety) Theresa J Fole (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER General Counsel By: ., \..., Revised 6/12/18 Contract No. 5205-B Page 47 of 181 FBRRBIR.11 OBA FERREIRA COASTAL CONSTRUCTION CO. CERTIFICATE OF CORPORATION RESOLUTION I, Nelson Ferreira President of Ferreira Construction Co Inc dba Ferreira Coastal Construction Co a corporation organized and existing under the laws of the State of _C_a_l_ifo_r_ni_a _____ {the "Company''), do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Company duly held and convened on 1/30/17 at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at present in full force and effect: RESOLVED: That Brandon Pensick Vice President Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. ., is empowered authorized to execute contracts on behalf of the Company. of and IN WITNESS WHEREOF, the undersigned has affixed his/her signature and the [CORPORATE SEAL] Nelson Ferreira Printed Name CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 31, 2018 Date before me, Marla K. Khan Here Insert Name and Title of the Officer personally appeared ---------'B=r=a=n=d=o=n=--=Pc...::e=n=s=i=c=k'------------------- Name(s) of Signer(s) -------------------------------------' who proved to me on the basis of satisfactory evidence to be the per$on(.6) whose name~ isl/a subscribed to the within instrument and acknowledged to me that he/s~/t~y executed the same in his/~r/th¢r authorized capacity(i~), and that _by his/!;)6r/tl)iir signature~ on the instrument the person~, or the entity upon behalf of which the personi,J acted, executed the instrument. ············1 MARLA K. KHAN t ~/ "'"~. · Notary Public -California z i ~<" ··· San Bernardino County §; 2 • . • · Commission# 2196975 - My Comm. Expires May 13, 2021 Place Notary Seal Above I certify under PENAL TY 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_~-~· ~-~L_. _u_-_·(au~---- Signature of Notary Public ---------------OPT/ONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ n Corporate Officer -Title(s): ______ _ r-1 Corporate Officer -Title(s): ______ _ • Partner -• Limited r::l General [J Partner -• Limited • General n Individual I J Attorney in Fact r l Individual I .1 Attorney in Fact • Trustee r l Guardian or Conservator lJ Trustee [ I Guardian or Conservator n Other: _____________ _ [l Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NEW YORK ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of New York County of Nassau ) ) On October 31, 2018 before me, Chloe Bratt, Notary Public Date Here Insert Name and Title of the Officer personally appeared _T_h_e_r_e_s_a_J_F_o_le_y ___________________ _ Name(s) of Signer(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. CHLOE BRATT NOTARY PUBLIC, State of New York No. 0lBR6364774 Qualified it} Nassau County Commission Expires September 25, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal. fl}Ui0! fLnW-Signature_-1c~....,,'/J_4--"!M'-"'-->!Hc.::_....._~'-""--""-"'-"-''---------- Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ______________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ • Corporate Officer -Title(s): ______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited • General • Partner -• Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator •Other: _____________ _ • Other: _____________ _ Signer Is Representing:. _________ _ Signer Is Representing: _________ _ • 47-SUR-300088-01-0103 Berkshire Hathaway Specialty Insurance· Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Theresa J. Foley. 390 North Broadway. of the city of Jericho. State of New York. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of April 12, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President ;9'c-EMN1~ Ii.,'<':.-··:···:-. .. ;. .?, . .-:~· ,, ·• '•4.~~\~) ~ :a: 1 ·• ~l urn , ;:: \\%-.. ~,s•:I. )~ ,1:~:}· On April 12, 2018 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] • GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusells My Comm. Expires November 29. 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this October 31. 2018. Officer BHSIC, NICO & NLF POA (2018) ;;; ii ~ 0 ci ~ ... ,.:. II: C ~ .. :.1. C. E' !:: 0 Q u ~ g C ~ :a a • .f ... z ~ !!l ;;; ~ 0 ~ 0 ;,- i II: ... r. ~ :. a: :c: ~ ~ i= re 1 E' ii 8 ., t ~ ;;; E v V t: 5l-.. C. .c V .c 0 Ill, ~ ii ] -" ;;; ~ "' > :c: ., co C t'. :. " 0 ::, u t, :. t ~ 8 " ~ > .c " i5 0 ... i t-g] 0 ~ !; a, "o s ii ~ ;; g 0 0. ... r, £ 0 <( ti :;;: ~ C: 0 E i; ., al .c 0 ", 0 .. <= ., .c f; 2 ~ " t i 0 ~ f- BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102 ADMITTED ASSETS* 12/31/2017 9/30/2017 Total invested assets $ 4,516,104,907 $ 4,327,535,008 $ Premium & agent balances 297,141,264 279,204,700 All other assets 137,220,394 129,486,990 Total Admitted Assets $ 4,950,466,565 $ 4,736,226,698 $ 12/31/2016 3,707,827,160 193,621,498 185,024,482 4,086,473,140 LIABILITIES & SURPLUS* 12/31/2017 9/30/2017 12/31/2016 Loss & loss exp. unpaid $ 327,823,391 $ 288,456,911 $ 142,981,337 Unearned premiums 209,113,536 198,098,348 160,310,927 All other liabilities 663,892, 150 770,564,561 446,041,395 Total Liabilities 1,200,829,077 1,257,119,820 749,333,659 Total Policyholders' Surplus 3,749,637,488 3,479,106,878 3,337,139,481 Total Liabilities & Surplus $ 4,950,466,565 $ 4,736,226,698 $ 4,086,473,140 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. A.M. Best: A++ Rating Standard & Poor's: AA+ Rating Bond No. 47-SUR-300088-01-0103 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, Board of Directors of the Carlsbad Municipal Water District located in the State of California, has awarded to Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., 10370 Commerce Center Drive, Suite 8-200, Rancho Cucamonga 91730 (hereinafter designated as the "Principal"), a Contract for: INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B 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 Secretary of the Carlsbad Municipal Water District, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., as Principal, (hereinafter designated as the "Contractor"), and Berkshire Hathaway Specialty Insurance Company as Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum of SIX HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED THIRTY EIGHT Dollars ($632,538.00) said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ,, •+r' Revised 6/12/18 Contract No. 5205-B Page 49 of 182 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 3 \ ~ Executed by SURETY this 31st day of day of OG\:o btf ,20~. CONTRACTOR: Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. (n~a of Contractor) \._ By. --._ ___ _ (sign here) _:Bfaa don Penw,c t, (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (Title and Organization of signatory) _O_ct_o_b_e_r _________ ,20---1.!!_ SURETY: Berkshire Hathaway Specialty Insurance Company (name of Surety) 100 Federal Place, 20th Fl, Boston, MA 02110 (address of Surety) (516) 387-1170 (telephone number of Surety) Theresa J Foley (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER General Counsel ,, _., Revised 6/12/18 Contract No. 5205-B Page 49 of 181 FBRRBIIUI ORA FERREIRA COASTAL CONSTJIUCTJON CO. CERTIFICATE OF CORPORATION RESOLUTION I, Nelson Ferreira President of Ferreira Construction Co Inc dba Ferreira Coastal Construction Co a corporation organized and existing under the laws of the State of _C_a_li_fo_rn_ia ______ (the "Company''), do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Company duly held and convened on 1/30/17 at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at present in full force and effect: RESOLVED: That Brandon Pensick Vice President Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. ., is empowered authorized to execute contracts on behalf of the Company. of and IN WITNESS WHEREOF, the undersigned has affixed his/her signature and the [CORPORATE SEAL] Signature Nelson Ferreira Printed Name CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 31, 2018 Date before me, Marla K. Khan Here Insert Name and Title of the Officer personally appeared -----~B=r=a=n=d=o=nc:........::P:.....:e=n=s=i'--"c=k'------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/a~ subscribed to the within instrument and acknowledg9d to me that hels;(e!t~y executed the same_ i9 his/l')ir/thi/ir authorized capacity0~), and that _by his/l)er/t~ir signature¢} on the instrument the person~, or the entity upon behalf of which the personl?) acted, executed the instrument. MARLA K. KHAN Notary Public -California San Bernardino County Commission# 2196975 My comm. Expires May 13, 2021 Place Notary Seal Above I certify under PENAL TY 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 ?naitJa. /L. ~Lh) Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ n Corporate Officer -Title(s): ______ _ r-1 Corporate Officer -Title(s): ______ _ • Partner -D Limited n General [I Partner -• Limited • General n Individual I J Attorney in Fact f l Individual I I Attorney in Fact [J Trustee I l Guardian or Conservator lJ Trustee [I Guardian or Conservator n Other: ______________ _ 1l Other: ______________ _ Signer Is Representing: -----:------Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NEW YORK ALL-PURPOSE ACKNOWLEDGEMENT • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of New York County of Nassau ) ) On October 31, 2018 before me, Chloe Bratt, Notary Public Date Here Insert Name and Title of the Officer personally appeared _T_h_e_r_e_s_a_J_F_o_l_e_y ___________________ _ Name(s) of Signer(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. CHLOE BRATT I certify under PENALTY OF PERJURY under the laws of the State of New York that the foregoing paragraph is true and correct. NOT ARY PUBLIC, State of New York No. 01BR6364774 WITNESS my hand and official seal. Qualified in Nassau County Commission Expires September 25, 2021 Place Notary Sea/ Above Signature~Qb'+IA-\,<--l,lA....,__£Y...,________,_.1}~/)d~k3......,_---- Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ______________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ • Corporate Officer -Title(s): ______ _ • Corporate Officer -Title(s): ______ _ • Partner -• Limited • General • Partner -• Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator •Other: ______________ _ • Other: ______________ _ Signer Is Representing: __________ _ Signer Is Representing: _________ _ • Berkshire Hachawav Specialty Insurance· Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under 47-SUR-300088-01-0103 and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Theresa J. Foley. 390 North Broadway. of the city of Jericho. State of New York. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of April 12, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President On April 12, 2018 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal) • GEOFFERY A. DELISIO Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this October 31, 2018. Officer BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents. and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTEC AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102 ADMITTED ASSETS* 12/31/2017 9/30/2017 Total invested assets $ 4,516,104,907 $ 4,327,535,008 $ Premium & agent balances 297,141,264 279,204,700 All other assets 137,220,394 129,486,990 Total Admitted Assets $ 4,950,466,565 $ 4,736,226,698 $ 12/31/2016 3,707,827,160 193,621,498 185,024,482 4,086,473,140 LIABILITIES & SURPLUS* 12/31/2017 9/30/2017 12/31/2016 Loss & loss exp. unpaid $ 327,823,391 $ 288,456,911 $ 142,981,337 Unearned premiums 209,113,536 198,098,348 160,310,927 All other liabilities 663,892,150 770,564,561 446,041,395 Total Liabilities 1,200,829,077 1,257,119,820 749,333,659 Total Policyholders' Surplus 3,749,637,488 3,479,106,878 3,337,139,481 Total Liabilities & Surplus $ 4,950,466,565 $ 4,736,226,698 $ 4,086,473,140 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. A.M. Best: A++ Rating Standard & Poor's: AA+ Rating OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District, whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and ______________________________ , whose address is ________________________ hereinafter called "Contractor" and _______________________ whose address is ___________________________ , hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the District pursuant to the Construction Contract entered into between the City and Contractor for INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the District. {'. •+' Revised 6/12/18 Contract No. 5205-B Page 50 of 181 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the 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 District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR -------~--------- Name ________________ _ Signature _______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title _______________ _ Name ----------------- Signature _______________ _ Address _______________ _ For Escrow Agent: Title ------------------ Name ________________ _ Signature _______________ _ Address _______________ _ At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. .,., •+; Revised 6/12/18 Contract No. 5205-B Page 51 of 181 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: For Contractor: For Escrow Agent: {'\ •+;' Revised 6/12/18 Title _____ __,P_,R--=-=E=S=l=D-=E"""'N'-'-T ____ _ Name ----------------- Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title ________________ _ Name ________________ _ Signature ______________ _ Address _______________ _ Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ Contract No. 5205-B Page 52 of 181 GENERAL PROVISIONS ,, •+' Revised 6/15/17 Contract No. 5205-B Page 53 of 181 GENERAL PROVISIONS FOR INSTALLATION OF NEW RECYCLED WATER SERVICES CONTRACT NO. 5205-B CARLSBAD MUNICIPAL WATER DISTRICT BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the exhibits/plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 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 "Carlsbad Municipal Water District" (CMWD) and the "City of Carlsbad" (City) are synonymous with the term "agency." "CMWD" and the "City" are used interchangeably throughout the Contract. ,, •+' Revised 6/15/17 Contract No. 5205-B Page 54 of 181 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, the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Exhibits/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 otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution . . , fa;, Revised 6/15/17 Contract No. 5205-B Page 55 of 181 Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. {'\ •+; Revised 6/15/17 Contract No. 5205-B Page 56 of 181 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 Exhibits/Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC}, the "Greenback". 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. ,, •+' Revised 6/15/17 Contract No. 5205-B Page 57 of 181 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 Exhibits/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. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CFR ............................... Code of Federal Regulations A BAND ...................................................... Abandoned CFS ......................................... Cubic Feet per Second ABS ........................ Acrylonitrile -butadiene -styrene CIP ......................................................... Cast iron pipe AC .................................................... Asphalt Concrete CIPP ............................................... Cast-in place pipe ACP .......................................... Asbestos cement pipe CL ............................................. Clearance, center line ACWS ..................... Asphalt concrete wearing surface CLF .................................................... Chain link fence ALT ................................................................ Alternate CMB ............................... Crushed miscellaneous base APTS ................................ Apartment and Apartments CMC ......................................... Cement mortar-coated AMER STD ................................... American Standard CML ............................................ Cement mortar-lined AWG .............. American Wire Gage (nonferrous wire) CMWD .................... Carlsbad Municipal Water District BC .................................................. Beginning of curve CO ................................................... Cleanout (Sewer) BCR ....................................... Beginning of curb return COL ................................................................. Column BORY ............................................................ Boundary COMM ....................................................... Commercial BF ..................................................... Bottom of footing CONG ........................................................... Concrete BLDG ........................................ Building and Buildings CONN ........................................................ Connection BM ............................................................ Bench mark CONST .................................. Construct, Construction BVC ................................... Beginning of vertical curve COO RD ..................................................... Coordinate B/W ........................................................... Back of wall CSP ........................................... Corrugated steel pipe CIC ..................................................... Center to center CSD ............................... Carlsbad Standard Drawings CAB ..................................... Crushed aggregate base CTB ............................................ Cement treated base CAUOSHA ............ California Occupational Safety and CV ............................................................. Check valve Health Administration CY ............................................................... Cubic yard CalTrans ....... California Department of Transportation D .............................................................. Load of pipe CAP ................................... Corrugated aluminum pipe dB .................................................................. Decibels CB ............................................................. Catch Basin DBL ................................................................... Double Cb ........................................................................ Curb OF ............................................................... Douglas fir CBP .............................. Catch Basin Connection Pipe DIA ................................................................ Diameter CBR ....................................... California Bearing Ratio DIP ..................................................... Ductile iron pipe CCR ............................ California Code of Regulations DL ................................................................ Dead load CCTV ............................................... Closed Circuit TV DR ...................................................... Dimension Ratio CES ......................... Carlsbad Engineering Standards OT ................................................................. Drain Tile CF ................................................................ Curb face DWG ............................................................... Drawing CF ................................................................ Cubic foot DWY ............................................................. Driveway C&G .................................................... Curb and gutter DWY APPR ................................... Driveway approach ,, •ff Revised 6/15/17 Contract No. 5205-B Page 58 of 181 E ...................................................................... Electric IP ................................................................... Iron pipe EA ........................................................................ Each JC .................................................... Junction chamber EC ............................................................ End of curve JCT ................................................................. Junction ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL. ................................................. Energy grade line El .................................................................. Elevation ELC ..................................... Electrolier lighting conduit EL T ........................................................ 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 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 EXP JT ................................................. Expansion joint L TS .................................................... Lime treated soil EXST ............................................................... Existing LWD .............................. Leucadia Wastewater District F .................................................................. Fahrenheit MAI NT ...................................................... Maintenance F&C ................................................... Frame and cover MAX .............................................................. Maximum F&I .................................................. Furnish and install MCR ............................................ Middle of curb return FAB ............................................................... Fabricate MEAS ............................................................. Measure FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification FDN ........................................................... Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL. .................................................................. Flow line FS ...................................................... Finished surface FT-LB ......................................................... Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify MON ........................................................... Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD .... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete GA. .................................................................... Gauge OC ............................................................... On center GAL. .............................................. Gallon and Gallons OD .................................................... Outside diameter GALV ......................................................... Galvanized OE .............................................................. Outer edge GAR ........................................... Garage and Garages OHE ................................................. Overhead Electric GIP .............................................. Galvanized iron pipe OMWD ................. Olivenhain Municipal Water District GL ........................................ Ground line or grade line OPP ............................................................... Opposite GM .............................................................. Gas meter ORIG ................................................................ Original GNV ............................................... Ground Not Visible PB ................................................................... Pull box GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene Pl ................................................. Point of intersection PL ............................................................ Property line PMB ........................... Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve HP ............................................................. Horsepower PRVC ............................ Point of reverse vertical curve HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR ............................................................ Hydraulic PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC ................................................. Polyvinyl chloride IE ........................................................ Invert Elevation PVMT ........................................................... Pavement ID ........................................................ Inside diameter PVT R/W ....................................... Private right-of-way INCL.. ............................................................. Including Q ........................ Rate of flow in cubic feet per second INSP ............................................................ Inspection QUAD ...................................... Quadrangle, Quadrant INV ...................................................................... Invert R ....................................................................... Radius ., f..., Revised 6/15/17 Contract No. 5205-B Page 59 of 181 R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ............................. Reinforced or reinforcement RES .............................................................. Reservoir RGE ....................... Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad RSE ............................. Registered structural engineer RTE .................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR. ............................. San Diego Northern Railway SOR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe 0.0. 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 1-3.3 Institutions. Abbreviation ST A ................................................................... Station STD ............................................................... Standard STR .................................................................. Straight STR GR ................................................ Straight grade STRUC ......................................... Structural/Structure SW ................................................................. Sidewalk SWD ..................................................... Sidewalk drain SY ............................................................. Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF .......................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW .............................................................. Top of wall TYP ................................................................... Typical UE .............................................. Underground Electric USA ................................... Underground Service Alert VAR .................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP .................................................. Vitrified clay pipe VERT ............................................................... Vertical VOL. ................................................................. Volume VWD ...................................... Vallecitos Water District W ...................... Water, Wider or Width, as applicable WATCH ............. Work Area Traffic Control Handbook WI ........................................................... Wrought iron WM .......................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 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. {'\ •ff Revised 6/15/17 Contract No. 5205-B Page 60 of 181 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. 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 (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard {yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne(= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa· s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ......................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................ Degree Celsius (°C): °F = (1.8 x °C) + 32 ............................................................................... °C = (°F -32)/1.8 SI Units (abbreviation} Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) ................................................................................................... 103 centi (c) ................................................................................................. 10-2 milli (m) ................................................................................................. 10-3 micro (µ) ............................................................................................... 1 o-6 nano (n) ................................................................................................ 10-9 pico (p) .................................................................................................. 10-12 1-5 SYMBOLS ., f..., Revised 6/15/17 Contract No. 5205-B Page 61 of 181 Li L % I I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ., ~+' Revised 6/15/17 Contract No. 5205-B Page 62 of 181 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the exhibits/plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing . . , f.+;< Revised 6/15/17 Contract No. 5205-B Page 63 of 181 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the Board shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. {'\ •+' Revised 6/15/17 Contract No. 5205-B Page 64 of 181 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 EXHIBITS/PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Exhibits/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 standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, as issued by the San Diego County Department of Public Works, hereinafter designated SDRSD, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed in Appendix "B" to these General Provisions. The Exhibits/Plans, Standard Drawings, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative . . , \.+;' Revised 6/15/17 Contract No. 5205-B Page 65 of 181 Anything specified in the Specifications and not shown on the Exhibits/Plans, or shown on the Exhibits/Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Exhibits/Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Exhibits/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 Exhibits/Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract. 5) General Provisions. 6) Technical Specifications. 7) Supplemental Provisions. 8) City of Carlsbad Standard Specifications. 9) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 10) Standard Specifications for Public Works Construction, as amended. 11) Reference Specifications. 12) Manufacturer's Installation Recommendations. Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revIsIons to Exhibits/Plans and Specifications will take precedence over items 3) through 12) above. Detailed plans and plan views shall have precedence over general plans. ,, •+' Revised 6/15/17 Contract No. 5205-B Page 66 of 181 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 Exhibits/Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:-----------------Title: -------------- Date: ---------------- Company Name: ____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Exhibits/Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details . . , ~~ Revised 6/15/17 Contract No. 5205-B Page 67 of 181 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, as relevant to specific project Work: TABLE 2-5.3.2 (A) Item Section Number Title Subiect 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 Wirinq Diaqrams Traffic Siqnal 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. Contractor shall ascertain all shop drawings as are necessary to adequately control the Work. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, {'\ • ., Revised 6/15/17 Contract No. 5205-B Page 68 of 181 street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.3.5 Documentation of Existing Conditions Prior to Construction. A The Contractor shall provide a preconstruction survey of existing conditions at all installation sites to provide a record of preconstruction conditions. This survey may be phased over several sites/areas in connection with the Contractor's planned sequence of work and shall be performed for each site after all Underground Service Alert markings are compiled for each respective site. The preconstruction survey shall include the following as a minimum: 1. Videotaping of existing working areas and staging areas. 2. Videotaping of construction access roads to be used by the Contractor, including all public and private streets and routes used for access to and from the work site. 3. Any other areas as directed by the Agency which may be disturbed or which are to be protected from the Contractor's operations. 4. Photographs of potential "problem areas". 5. Mapping of problematic areas of damaged paving (redline areas on exhibits). 6. Night time survey to document working condition of any affected street lights. B. The Contractor shall notify the Agency five (5) working days in advance and coordinate the scheduling of the videotaping so that a representative of the Agency may accompany the Contractor during the videotaping. C. The Contractor shall present the Owner with a report detailing the existing conditions at all installation locations and within working and staging areas at the completion of survey. The report shall include the following as a minimum: 1. One copy of the video. 2. One copy of each "potential problem area" photograph. 3. Redlined exhibits showing areas of damaged paving or other damaged surface improvements. 4. Written summary of "potential problem areas" and the Contractor's recommenda- tions to address these problem areas. D. The pre-construction videography shall be as specified in the Technical Specificaijons, Section 01 39 00. E. Documentation (including report) of existing conditions shall be submitted prior to beginning work at each respective site. Potholing shall be required for all identified utilities in mark-out areas. The Contractor will not be allowed to begin excavation or potholing activities until the final report has been submitted and accepted by the Agency. Potholing must be completed for all marked out utilities near the work area. 2-5.4 Record Drawings. Promptly after receipt of the Notice to Proceed, the Contractor shall set aside and maintain one copy of the full-size drawings as record drawings which shall be corrected daily in a legible and professional manner. The Contractor shall prepare field notes and mark up the set record drawings to document changes in the work as they occur and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade to allow accurate recordation. Items required to be shown shall include sketches and measurements in sufficient detail with dimensions taken by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, and pavement) . . , ~ti' Revised 6/15/17 Contract No. 5205-B Page 69 of 181 Changes shall be marked directly on the drawings. Green color-coding shall be used when showing information deleted from Drawings. Red color-coding shall be used when showing information added to Drawings. Blue color shall be used for clouding an area or areas affected by the change(s). Information shall be legible and reasonably detailed. It is not acceptable to simply reference change directives or to mark drawings: "see RFI-XX" or "see survey notes". If there is insufficient space on a drawing to markup the change, the Contractor is required to draw additional sketches to completely explain the change and attach the sketches to the drawing. This set of drawings shall be kept on the job and shall be used only as a record set, are to be made available to the Engineer/Agency at each Project Meeting, shall be reviewed monthly by the Engineer as a condition of payment, and shall be delivered to the Engineer within ten (10) days of completion of the work. Final walkthrough of the project and the associated punch list will be withheld until the preliminary paper record drawings are submitted for review. Approval of the Final Acceptance of the project will be withheld until the Final record drawings are received and accepted by the City. Payment for performing the work required by Section 2-5.4 shall be included in the Contractor's various bid items and no additional payment will be made therefore. CMWD has the right to withhold or adjust progress payments if record drawings are not up to date. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is ~, ~+;' Revised 6/15/17 Contract No. 5205-B Page 70 of 181 impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of- way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. {'\ •+;' Revised 6/15/17 Contract No. 5205-B Page 71 of 181 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) s urvey R equirements f C or onstruction s takina Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,@ Spacing®, (Within) (?) @ Street Centerline SDRS M-10 ::::;1000', Street Intersections, Begin and end on street 0.02' Monument of curves, only when shown on the plans centerline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, ::::; 50' on tangents at clearing 1' Horizontal painted line & ::::; 25' on curves, Painted line -continuous line on PCC &AC surfaces Slope RP+ Marker lntervisible and ::::; 50' Grade 0.1' Vertical & Stake Breaks & ::::; Horizontal 25' Fence RP+ Marker ::::; 200' on tangents, ::::; 50' on curves when N/A 0.1' Horizontal Stake R~ 1000' & 25' on curves when R::::; 1000' ( constant offset) Rough Grade RP+ Marker ::::; 50' N/A 0.1' Vertical & Cuts or Fills ~ 1 0 Stake Horizontal m (33') Final Grade RP+ Marker ::::; 50' on tangents & curves when R~ 1000' & ::::;22' 3/s" Horizontal & ¼" (includes top of: Stake, Blue-::::; 25' on curves when R ::::; 1000' Vertical Basement soil, top in subbase and grading area base) Asphalt Pavement RP, paint on ::::; 25' or as per the intersection grid points edge of 3/a" Horizontal & ¼" Finish Course previous shown on the plan whichever provides the pavement, Vertical course denser information paving pass width, crown line & grade breaks Drainage RP+ Marker intervisible & ::::; 25', beginning and end, BC & as 3/s" Horizontal & ¼" Structures, Pipes Stake EC of facilities, Grade breaks, Alignment appropriate Vertical & similar breaks, Junctions, Inlets & similar facilities, FacilitiesQ), (J) Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP+ Marker ::::; 25', BC & EC, at ¼A, ½A & ¾A on curb ( constant 3/s" Horizontal & ¼" Stake returns & at beainnina & end offset) Vertical Traffic Signal Q) Vertical locations shall be based on the ultimate elevation of curb and sidewalk ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 72 of 181 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,@ Spacing®, (Within) CD @ Signal Poles & RP+ Marker at each pole & controller location as 3/a" Horizontal & ¼" Controller <D Stake aooropriate Vertical Junction Box <D RP+ Marker at each junction box location as 3/a" Horizontal & ¼" Stake aooropriate Vertical Conduit <D RP+ Marker ~ 50' on tangents & curves when R~ 1000' & as 3/a" Horizontal & when Stake ~ 25' on curves when R ~ 1000' or where appropriate depth cannot be grade~ 0.30% measured from existing pavement ¼" Vertical Minor Structure <D RP+ Marker for catch basins: at centerline of box, ends of as 3/a" Horizontal & ¼" Stake+ Line box & wings & at each end of the local appropriate Vertical (when vertical Stake depression ® data needed) Abutment Fill RP+ Marker ~ 50' & along end slopes & conic transitions as 0.1' Vertical & Stake+ Line appropriate Horizontal Stake Wall <D RP+ Marker ~ 50' and at beginning & end of: each wall, as ¼" Horizontal & ¼" Stake+ Line BC & EC, layout line angle points, changes in appropriate Vertical Point +Guard footing dimensions &/or elevation & wall Stake heiqht Maior Structure ® Footings, RP+ Marker 1 0' to 33' as required by the Engineer, BC & as 3/a" Horizontal & ¼" Bents, Stake+ Line EC, transition points & at beginning & end. appropriate Vertical Abutments & Point +Guard Elevation points on footings at bottom of Winowalls Stake columns Superstructures RP 1 0' to 33' sufficient to use string lines, BC & as 3/a" Horizontal & ¼" EC, transition points & at beginning & end. appropriate Vertical Elevation points on footings at bottom of columns Miscellaneous ® Contour Grading RP+ Marker ~ 50' along 0.1' Vertical & <D Stake contour line Horizontal Utilities <D, (t) RP+ Marker ~ 50' on tangents & curves when R~ 1000' & as 3/a" Horizontal & ¼" Stake ~ 25' on curves when R ~ 1000' or where appropriate Vertical grade ~ 0.30% Channels, Dikes RP+ Marker intervisible & ~ 100', BC & EC of facilities, as 0.1' Horizontal & ¼" & Ditches <D Stake Grade breaks, Alignment breaks, Junctions, appropriate Vertical Inlets & similar facilities Signs <D RP+ Marker At sign location Line point 0.1' Vertical & Stake+ Line Horizontal Point +Guard Stake Subsurface RP+ Marker intervisible & ~ 50', BC & EC of facilities, as 0.1' Horizontal & ¼" Drains <D Stake Grade breaks, Alignment breaks, Junctions, appropriate Vertical Inlets & similar facilities, Risers & similar facilities Overside Drains RP+ Marker longitudinal location At beginning 0.1' Horizontal & ¼" <D Stake & end Vertical Markers <D RP+ Marker for asphalt street surfacing ~ 50' on tangents At marker ¼" Horizontal Stake & curves when R~ 1000' & ~ 25' on curves location(s) when R < 1000'. Railings & RP+ Marker At beginning & end and ~ 50' on tangents & at railing & 3/a" Horizontal & Barriers <D Stake curves when R ~ 1000' & ~ 25' on curves barrier Vertical when R < 1000' location(s) AC Dikes <D RP+ Marker At beginning & end as 0.1' Horizontal & Stake appropriate Vertical Box Culverts 1 0' to 33' as required by the Engineer, BC & as 3/a" Horizontal & ¼" EC, transition points & at beginning & end. appropriate Vertical Elevation points on footings & at invert ., ~ ... Revised 6/15/17 Contract No. 5205-B Page 73 of 181 Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,@ Spacing®, (Within) CV @ Pavement RP 200' on tangents, 50' on curves when at pavement ¼" Horizontal MarkersQ) R ~ 1000' & 25' on curves when R ~ 1000'. marker For PCC surfaced streets lane cold joints will location(s) suffice Q) Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature CV Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® ~ means greater than, or equal to, the number following the symbol. ~ means less than, or equal to, the number following the symbol. <i> The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) TABLE 2-9.2.2(8) Survey s take Color Code for Construction Staking Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, White/Red centerline, alii:inments, etc. Vertical Control Bench marks White/Orang e Clearina Limits of clearina Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow arade, etc. Structure Bridaes, sound and retainina walls, box culverts, etc. White Drainage, Sewer, Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue Curb drains, slope protection, curbs, autters, etc. Right-of-Way Fences,' R/ W lines, easements, orooertv monuments, etc. White/Yellow Miscellaneous Signs, railinas, barriers, lii:ihtini:i, etc. Orani:ie * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 74 of 181 Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Exhibits/Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Exhibits/Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ., f..-, Revised 6/15/17 Contract No. 5205-B Page 75 of 181 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Exhibits/Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Exhibits/Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Exhibits/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 Exhibits/Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Exhibits/Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Exhibits/Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 125 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 ., f.+;' Revised 6/15/17 Contract No. 5205-B Page 76 of 181 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 Exhibits/Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier 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 . . , f.~ Revised 6/15/17 Contract No. 5205-B Page 77 of 181 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (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 CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer . . , ~,;' Revised 6/15/17 Contract No. 5205-B Page 78 of 181 The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used . . , f..-, Revised 6/15/17 Contract No. 5205-8 Page 79 of 181 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accord- ance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the District with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed . . , '-+' Revised 6/15/17 Contract No. 5205-B Page 80 of 181 The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By:---------------Title: ____________ _ Date: ---------------- Company Name: ____________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. General Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the District will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the District will provide its position within 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the General Manager after which the Contractor may proceed under the provisions of the Public Contract Code . . , f.+; Revised 6/15/17 Contract No. 5205-B Page 81 of 181 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the General Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor'' means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor . . , '-+' Revised 6/15/17 Contract No. 5205-B Page 82 of 181 (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time ., \..., Revised 6/15/17 Contract No. 5205-B Page 83 of 181 requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California . . , '-+' Revised 6/15/17 Contract No. 5205-B Page 84 of 181 (2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 ( commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 ., \..., Revised 6/15/17 Contract No. 5205-B Page 85 of 181 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3 . . , ~+; Revised 6/15/17 Contract No. 5205-B Page 86 of 181 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, ., ~ff Revised 6/15/17 Contract No. 5205-B Page 87 of 181 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after ,, •ff Revised 6/15/17 Contract No. 5205-B Page 88 of 181 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. ,, • ., Revised 6/15/17 Contract No. 5205-B Page 89 of 181 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using ., "f.+;, Revised 6/15/17 Contract No. 5205-B Page 90 of 181 standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the con- tradiction, the assignable party, the Agency or the Contractor, shall bear all costs associ- ated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assign- able cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •"7 Revised 6/15/17 Contract No. 5205-B Page91 of181 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 Exhibits/Plans, all wet utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Exhibits/Plans is not guaranteed. The Contractor shall take proper precautions for the protection of existing utilities, in the presence of which are known or can be determined by field locations of the utility companies. The Contractor shall determine the location of all existing utility mains and lateral lines including storm drain, sanitary sewer, water, gas, underground electrical and communication conduits crossing the trench excavation, which may affect or be affected by its operations. Contractor shall expose all crossing utilities ahead of any trench operations. Any extra work required in crossing culverts, water courses, drains, water mains, and other utilities, including all sheeting and bracing, extra excavation and backfill, or any other work required for the crossing, whether or not shown on the drawings Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Exhibits/Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. 5-1.1 Potholing. At least two (2) calendar days (48 hours minimum) prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811, (800) 227-2600 or (800) 422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating. Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a "Permit to Excavate" will be valid. Contractor shall pothole and determine the location and depth of all utilities marked by their owners and of all service connections and laterals, which may affect or be affected by the Contractor's operations. The Contractor shall pothole all underground utilities which are shown on the exhibits/plans, or marked in the field by the utility owners, as being all parallel dry utilities within forty-two (42") inches and all parallel wet utilities within seventy-eight (78") of the proposed recycled water service. The location of existing facilities, including lateral crossings, which may affect the proposed Work shall also be field verified by locate potholes. Wet facilities include water; sewer; and gas; all other facilities shall be considered dry facilities. The Contractor shall refill these potholes immediately after establishing those locations. Initial locate potholes may be temporarily repaired, meeting all applicable safety requirements, for no more than thirty (30) calendar days unless additional time is authorized by the City in writing. Initial locate potholes may be reused during construction. The refilling shall conform to the relative compaction requirements for trenches. The Contractor shall provide documentation of potholing results to include but not be limited to a record of all the locations in writing of all utilities found and not found in both plan view and profile view and in report format for each recycled water service installation site, showing the location of all existing underground utilities that are in the proposed paths of the recycled water service installations. ,, •;;' Revised 6/15/17 Contract No. 5205-B Page 92 of 181 The lump sum price for potholing in the Bid Schedule shall include all labor, materials, and equipment necessary to perform the work and document the results, and no additional compensation will be allowed. When a bid item is included in the Proposal form for potholing and provided for in the Specifications, and subject to the limitation and conditions therein, the cost for potholing activities will be included in the progress estimate. This includes any extra work required in crossing culverts, water courses, drains, water mains, and other utilities, including all sheeting and bracing, extra excavation and backfill, or any other work required for the crossing, whether or not shown on the drawings. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Exhibits/Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Exhibits/Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Exhibits/Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. After award of the Contract, existing utilities which are found in the field to interfere with the Work shall not be relocated, altered or reconstructed. The Engineer may ., \.+;" Revised 6/15/17 Contract No. 5205-B Page 93 of 181 order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the exhibits/plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 . The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Exhibits/Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time . . , 'f.+i, Revised 6/15/17 Contract No. 5205-B Page 94 of 181 5-6 COOPERATION. Close cooperation with Agency operations staff will be necessary to complete the Work. 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. {'\ • ., Revised 6/15/17 Contract No. 5205-B Page 95 of 181 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within _§_ working days after receipt of the "Notice to Proceed". Key submittals shall be submitted appropriately to ensure that the project progresses expeditiously. Key submittals include, but are not limited to the following, and shall be submitted within the designated timeframe or per the Contractor's needs to complete the Work, whichever occurs earlier: 1. The project schedule per Section 6-1 shall be submitted within ten working days after the NTP. 2. Schedule of Values per Section 3.2.4.1 shall be submitted within 10 working days after NTP. 3. The 3-Week Look Ahead schedule per Section 6-1.1.2 shall be submitted at least 10 working days prior to mobilizing. 4. The preconstruction videos and photographs shall be submitted no more than five weeks prior to beginning work at each respective site per Section 2-5.3.5. 5. Potholing reports for each site shall be submitted at least two weeks prior to excavation at each respective site. 6. Draft notification to residences and/or businesses directly affected by the construction work shall be submitted to the Engineer for approval at least 21 calendar days prior to distribution. The final approved notification shall then be distributed at least 72 hours in advance of beginning work at each respective site per Section 7.10.1. 7. Record drawings per Section 2-5.4 shall be submitted within ten calendar days of demobilization. 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel, including the Contractor's Representative and key subcontractors, responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media . . , f.., Revised 6/15/17 Contract No. 5205-B Page 96 of 181 6-1.1.2Three-Week Look Ahead Schedule Submittal. The Contractor shall submit a detailed 3-week Look Ahead Schedule, which shall be updated and submitted weekly and will be reviewed at each weekly progress meeting, until Project completion. 3-Week Look Ahead Schedules shall be prepared in the same software as the baseline. For each location of work, the 3-Week Look Ahead shall include details for at least the following activities: • Pre-construction videography. • Potholing. • Duration of traffic control periods. • Initial excavation. • Preparatory work. • Excavation duration. • Inspection. • Pavement. • Restoration. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 7 compatible program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency source files and PDF's electronically with all network information contained thereon, in a format readable by a Microsoft Windows 7 system. The Agency will use a "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the program by Primavera or "Project" program by ., ~., Revised 6/15/17 Contract No. 5205-B Page 97 of 181 Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on- site training shall be held at 5950 El Camino Real, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's ., fa., Revised 6/15/17 Contract No. 5205-B Page 98 of 181 determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required herein before and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The 3-week lookahead shall be updated weekly. The most recent version of the 3-week lookahead shall be provided at each Project Meeting. The monthly project schedule update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. Acceptable updates to the Baseline Construction Schedule shall be a condition of payment. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM or USB flash drive, or the electronic file shall be emailed, labeled with the project name and number, the Contractor's name and the date of preparation. The schedule electronic file shall be readable by the software ,, • ., Revised 6/15/17 Contract No. 5205-B Page 99 of 181 specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, ,, •+' Revised 6/15/17 Contract No. 5205-B Page 100 of 181 with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Exhibits/Plans and as specified in the Specifications. The work includes, but is not limited to: traffic control; utility locating; excavation safety measures; installation of 27 new recycled water services and three wharf heads; and restoration of site to original or better condition as specified within these contract documents. Specific sequencing constraints are presented in Section 6-7.4. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's ., 'f.+; Revised 6/15/17 Contract No. 5205-B Page 101 of 181 Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Key Agency personnel will also be present at Project Meetings to assist with coordination of upcoming efforts. Key Agency personnel may include CMWD operations staff and transportation representatives. The Contractor shall provide the most recent construction schedule and 3-week look ahead update at the Project Meeting. The Contractor shall make the red-line record drawings available for the Engineer's review at each Project Meeting. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the ,, •ff Revised 6/15/17 Contract No. 5205-B Page 102 of 181 Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined ., '-+' Revised 6/15/17 Contract No. 5205-B Page 103 of 181 by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract and construction scheduling shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 70 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. November 21, 2018, day before Thanksgiving Day, 5. any day between and including Christmas Day and New Year's Day, 6. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 7. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 8. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be specified as follows: Night work shall be defined as the following, unless otherwise approved by Engineer: 1. Sunday nights through Friday mornings. 2. Preparatory work between the hours of 9:00 p.m. to 10:00 p.m. 3. Active construction work between the hours of 10:00 p.m. to 4:00 a.m. 4. Traffic control hours (first cone down to last cone up 9:00 p.m. to 5:00 a.m.) ,, • ., Revised 6/15/17 Contract No. 5205-B Page 104 of 181 5. Demobilization or other minor activities not requiring traffic control between the hours of 5:00 a.m. to 6:00 a.m. Weekend work shall be defined as the following, unless otherwise approved by Engineer: 1. Saturdays through Sunday afternoons. 2. Preparatory work between the hours of 8:00 a.m. to 9:00 a.m. 3. Active construction work between the hours of 9:00 a.m. to 3:00 p.m. 4. Traffic control hours (first cone down to last cone up 8:00 a.m. to 4:00 p.m.) 5. Demobilization or other minor activities not requiring traffic control between the hours of 4:00 pm to 5:00 p.m. Normal condition work shall be defined as the following, unless otherwise approved by Engineer: 1. Mondays through Fridays. 2. Preparatory work between the hours of 8:30 a.m. to 9:30 a.m. 3. Active construction work between the hours of 9:30 a.m. to 3:30 p.m. 4. Traffic control hours (first cone down to last cone up 8:30 a.m. to 4:30 p.m.) 5. Demobilization or other minor activities not requiring traffic control between the hours of 4:30 pm to 5:30 p.m. Specific sequencing constraints are presented in Section 6-7.4. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work hours outside of a normal working day. These activities shall be identified on the 3-Week Look Ahead, and 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. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Access to the Contractor's parking/trailer/laydown/storage area for mustering or other preparatory efforts shall be restricted to preparatory work hours as defined in the hours of work above. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-7.4 Construction Sequencing and Constraints. The contractor shall adhere to the following constraints, unless otherwise noted. Exceptions may be granted with prior written approval of the Agency. 1. Some phases or portions of phases may overlap each other and/or occur during the same time period for the Work only where overlapping opportunities and strategies can be successfully implemented and each active excavation site must have a dedicated crew with prior approval from the Inspector. Contractor can work on a maximum of two (2) sites at any given time. ,, • ., Revised 6/15/17 Contract No. 5205-B Page 105 of 181 2. The Contractor shall complete field walkthroughs with the Engineer to verify all locations of meter installations following the completion of utility mark outs and prior to beginning construction. 3. Each non-active excavation must be backfilled or securely shored and bridged by steel plates by the end of each workday. Work for each site shall be sequenced and scheduled during the times indicated in the following table. The Contractor shall incorporate the constraints into the bid price and in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.4.1 Traffic Constraints. Failure of the Contractor to restore and open all travel laves within designated working hours shall result in damages being sustained by the Agency. The Agency will deduct the amount per interval shown below from moneys due or that may become due the Contractor under the contract for each 15-minute interval, or fraction thereof past the time specified to open the lane closure. Damages are limited to 5 percent of project cost per occurrence and will not be assessed when the Engineer requests that the lane closure remain in place beyond the scheduled pickup time. Table 6-7.4: Traffic Constraints EXHIBIT SERVICE LIQUIDATED NO. NO. LOCATION ALLOWABLE WORKING-HOUR DAMAGES/ INTERVAL ($) Work hours are soecified in 6-7.2 1.1 1 1001 Cannon Road Normal condition work. $500 I 15 minutes 1.4 5 751 Raintree Drive Normal condition work. $500 I 15 minutes 6 755 Raintree Drive Normal condition work. $500 I 15 minutes 1.5 $500 I 15 minutes 7 750 Raintree Drive Normal condition work. 8 751 Macadamia Drive Normal condition work. $500 / 15 minutes 1.6 $500 I 15 minutes 9 760 Macadamia Drive Normal condition work. 1.7 10 6860 Avenida Encinas Normal condition work. $500 / 15 minutes 1.8 11 6830 Avenida Encinas Normal condition work. $500 I 15 minutes 1.10 13 1748Aviara Parkway Normal condition work. $500 I 15 minutes 1.11 15 5721 College Boulevard Normal condition work. $500 I 15 minutes 16 6000 College Boulevard Normal condition work. $500 / 15 minutes 1.12 $500 I 15 minutes 17 6100 College Boulevard Normal condition work. 1.13 18 6451 El Camino Real Night work. $1,000 I 15 minutes l'\ •+;' Revised 6/15/17 Contract No. 5205-B Page 106 of 181 EXHIBIT SERVICE LIQUIDATED LOCATION ALLOWASLEWORKtNG-HOUR DAMAGES/ NO. NO. INTERVAL {$) Work hours are srw:ifiedln 6-7.2 1.14 19 5820 El Camino Real Night work. $1,000 / 15 minutes 1.17 22 Poinsettia Lane near Sage Court Normal condition work. $500 / 15 minutes 1.18 23 Camino De Las Ondas near Briarwood Normal condition work. $500 / 15 minutes Drive 25 Harbor Point Road and Camino De Normal condition work. $500 / 15 minutes 1.19 Las Ondas 26 Camino Del Prado and Camino De Las Normal condition work. $500 / 15 minutes Ondas 1.20 27 295 Windrose Circle Normal condition work. $500 / 15 minutes 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Site Walk-Through. After each site has been fully restored, the Inspector will then schedule the Site Walk-Through to occur within the next five (5) working days. 6-8.2 List of Deficiencies. Following each Site Walk-Through, the Inspector will generate the List of Deficiencies (also known as the punchlist) for that site, within five (5) working days. The Contractor shall then have 10 working days to address the List of Deficiencies and provide a written response to each punchlist item. 6-8.3 Site Follow-Up Walk-Through. Upon receipt of written responses to each site's List of Deficiencies, the Inspector will complete a Site Follow-Up Walk-Through. Any outstanding deficiencies will be noted and returned to Contractor. Outstanding deficiencies will delay full payment of that site's bid items. 6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the terms of the Contract and with the Inspector's permission, the Contractor may submit written assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified through the Site Walk-Through process have been addressed and request a Final Inspection to demonstrate project completion to the entire Agency. The Contractor shall provide an attachment to the Request for Final Inspection with the Contractor's written response to each deficiency. The Request for Final Inspection shall not be considered complete without the Contractor's written response to each deficiency. 6-8.5 Final Inspection. Upon receipt of the Request for Final Inspection, the Inspector shall schedule the Final Inspection. The Inspector and Contractor shall be present at the final inspection. Representatives from other Agency departments reserve the right to be present at the Final Inspection. The Engineer and Construction Manager reserve the right to be present at the Final Inspection. The red-line record drawings and asset schedules shall also be inspected. If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the Contractor will have 10 working days to address the Final List of Deficiencies. 6-8.6 Request for Completion. 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, {'\ • ., Revised 6/15/17 Contract No. 5205-B Page 107 of 181 and all other features of the Work, meet the requirements of all of the specifications for the Work. Once the Final Inspection has been completed and all outstanding deficiencies satisfactorily completed to Agency's approval, the Contractor shall submit a written assertion in the form of Request for Completion letter, certifying that the Work has been completed. 6-8. 7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review the written assertion within 2 working days. If, in the Engineer's judgment, the Work has been completed in accordance with the Contract Documents, the Agency will issue a Completion Letter. The completion date will be the date to which liquidated damages will be computed. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute completion or acceptance of the Work. 6-8.8 Acceptance. Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer's judgment, the Contractor has fully performed the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer, the Board may accept the Work. Upon the Board's acceptance of the Work, the Agency will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work. 6-8.9 Warranty. All work shall be warranted for one (1) year after date of acceptance of the Work and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay to the Agency, or have withheld monies due it, the sum of Two Thousand Two Hundred Dollars ($2,200.00). 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. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Additionally, failure of the Contractor to restore and open all travel lanes within designated working hours shall result in damages being sustained by the Agency. For every 15 minute increment (or portion of time thereof) beyond the hours of work stated in the Contract Documents, the Contractor shall pay to the Agency, or have monies due to it, the amount of liquidated damages listed in Table 6-7.4: Traffic Constraints. Such sum is liquidated damages and shall not be construed as a penalty, and will be deducted from monthly progress payments due the Contractor if such delay occurs. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the ., '-+;' Revised 6/15/17 Contract No. 5205-B Page 108 of 181 Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •+i' Revised 6/15/17 Contract No. 5205-B Page 109 of 181 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' ,, •ff Revised 6/15/17 Contract No. 5205-B Page 11 O of 181 Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. The Contractor shall submit qualifications for the representative that shall include at a minimum: 1. Submit resume and complete qualifications form demonstrating 5 years' experience as superintendent of water/recycled water projects, with at least five projects with contract values specific to water/recycled water improvements over $300,000. 2. Installation of at least five (5) water hydrant installations for a single project. 3. Installation of at least twenty (20) water/recycled water services for a single project. 4. Completion of OSHA 30-hour Construction Training Course. Submit certification as proof. ,, •+' Revised 6/15/17 Contract No. 5205-B Page 111 of 181 CMWD reserves the right to disqualify bidders if the required technical ability and experience for the Contractor's Representative is not established. In the event that the Contractor would like to change the Contractor's Representative through the course of Project completion, Contractor shall notify the Agency at least two weeks prior and submit the same paperwork for the Engineer's review demonstrating the proposed Contractor's Representative meets the minimum requirements of the position. Engineer will review qualifications of proposed Contractor's Representative within 5 working days of receipt. In the event of a change in Contractor's Representative, CMWD reserves the right to suspend work, at the Contractor's cost, until qualified Contractor's Representative is assigned to the Project. An alternative representative may be designated as well. Prior to an alternative being designated, the proposed alternative must also submit paperwork for Agency's review, demonstrating that the proposed alternative satisfies the minimum qualifications. The Agency will review the qualifications within five working days of receipt. The Contractor's Representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's Representative shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. {'\ •+;' Revised 6/15/17 Contract No. 5205-B Page 112 of 181 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Exhibits/Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations . . , f.., Revised 6/15/17 Contract No. 5205-B Page 113 of 181 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. A Tier 1 Storm Water Pollution Prevention Plan (SWPPP) is provided to the Contractor, in Appendix "G", for use in preparing the Project SWPPP for approval by the City. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the Regional Water Quality Control Board shall be included in the contract lump sum price bid. 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 . . , f.+i, Revised 6/15/17 Contract No. 5205-B Page 114 of 181 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access . . , ~+' Revised 6/15/17 Contract No. 5205-B Page 115 of 181 The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Waste Management at 760-929-9400. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Five (5) working days and seventy-two hours prior to the start of any construction in the public right-of-way which affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the draft notification to the Engineer for approval at least 21 calendar days prior to distribution. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "H". In addition to the notifications, the contractor shall post no access/parking signs 72 hours in advance of the work being performed. The no access/parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. ,, •;; Revised 6/15/17 Contract No. 5205-B Page 116 of 181 The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 2 calendar days after unloading. All materials or equipment not installed or used in construction within 2 calendar days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 2 calendar days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, 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. .................................................................................... . 2) Carlsbad Fire Department Dispatch ................................................ .. 3) Carlsbad Police Department Dispatch ............................................. .. 4) Carlsbad Traffic Signals Maintenance (extension 2937) .................. . 5) Carlsbad Traffic Signals Operations ................................................ . 6) North County Transit District. .......................................................... .. 7) Waste Management .......................................................................... . 760-602-2720 760-931-2197 760-931-2197 760-438-2980 760-602-2752 760-967-2828 760-929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required . . , f.+;' Revised 6/15/17 Contract No. 5205-B Page 117 of 181 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 2009 Revision 1 and 2, as amended for use in California) and these provisions. A traffic control representative certified by American Traffic Safety Association (ATSSA), International Municipal Signal Association (IMSA) Work Zone Traffic Control Safety, or other approved equivalent recognized by a traffic control safety training/certification program, and subject to City's approval, must be present. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. for workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be {'\ •+;' Revised 6/15/17 Contract No. 5205-B Page 118 of 181 mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6 feet, nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment, the 2 feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lanes, not less than 12 feet wide, shall be open for use by public traffic in each direction of travel. 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 2009 Revision 1 and 2, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2009 Revision 1 and 2, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. ('\ •ff Revised 6/15/17 Contract No. 5205-B Page 119 of 181 Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2009 Revision 1 and 2, as amended for use in California) published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated, and no other compensation will be allowed therefore. ,, •fi' Revised 6/15/17 Contract No. 5205-B Page 120 of 181 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue {'\ •+r' Revised 6/15/17 Contract No. 5205-B Page 121 of 181 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel {'\ • .., Revised 6/15/17 Contract No. 5205-B Page 122 of 181 beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, ser- vices, or materials pursuant to a public works contract, the contractor or subcon- tractor 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." 7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. A current copy of applicable wage rates is on file in the Office of the City Engineer. Davis Bacon minimum wage rates for this project as predetermined by the United States Secretary of Labor are available at the U.S. Department of Labor's web site, www.dol.gov. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Davis Bacon minimum wage rate requirements. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Davis Bacon minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Davis Bacon minimum wage rate, which most closely approximates the duties of the employees in question. SECTION 8 -FACILITIES 8-1 GENERAL. No field office facility is required for Agency personnel. ., ~+' Revised 6/15/17 Contract No. 5205-B Page 123 of 181 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Exhibits/Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. ,, • ., Revised 6/15/17 Contract No. 5205-B Page 124 of 181 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment ., '-+;' Revised 6/15/17 Contract No. 5205-B Page 125 of 181 request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Pisputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 126 of 181 determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization, Preparatory and Demobilization Work. Payment for mobilization, preparatory Work and Demobilization will be made at the stipulated lump-sum price bid therefore in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization, Preparatory Work and Demobilization, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization, Preparatory Work and Demobilization. ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 127 of 181 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 Exhibits/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. Recycled Water Service No. 1 Construction (Bid Item No. 1) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 1. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 5 Construction (Bid Item No. 2) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 5. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 6 Construction (Bid Item No. 3) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 6. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 7 Construction (Bid Item No. 4) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 7. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications . . , f.., Revised 6/15/17 Contract No. 5205-B Page 128 of 181 Recycled Water Service No. 8 Construction (Bid Item No. 5) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 8. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 9 Construction (Bid Item No. 6) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 9. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No.10 Construction (Bid Item No. 7) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 10. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 11 Construction (Bid Item No. 8) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 11. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 13 Construction (Bid Item No. 9) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 13. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, {'\ •,;' Revised 6/15/17 Contract No. 5205-B Page 129 of 181 aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 15 Construction (Bid Item No. 10) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 15. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 16 Construction (Bid Item No. 11) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 16. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 17 Construction (Bid Item No. 12) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 17. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 18 Construction (Bid Item No. 13) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 18. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. {'\ •._-;' Revised 6/15/17 Contract No. 5205-B Page 130 of 181 Recycled Water Service No. 19 Construction (Bid Item No. 14) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 19. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 22 Construction (Bid Item No. 15) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 22. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 23 Construction (Bid Item No. 16) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 23. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 25 Construction (Bid Item No. 17) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 25. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 26 Construction (Bid Item No. 18) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 26. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility ., f.+; Revised 6/15/17 Contract No. 5205-B Page 131 of 181 relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Recycled Water Service No. 27 Construction (Bid Item No. 19) Lump Sum The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, equipment, services and appurtenances to complete the construction of the recycled water service for Service No. 27. This includes, but is not limited to, surveying, temporary traffic control, locating utilities, required notifications, service pipe installation, trenching, trench plates, excavation, bedding, backfill, compaction, resurfacing, AC paving, aggregate base, crushed rock, compacted fill, pavement markings and striping, required utility relocations, restoration of finished surface to original or better condition, protection of property, stormwater BMPs, environmental controls and all other items as shown in Contract Documents, all in accordance with the CMWD Engineering Standards and Specifications. Mobilization, Preparatory Work and Demobilization {Bid Item No. 20) Not to Exceed Payment for mobilization, bonds, permits, and demobilization shall be made at the contract lump sum, complete and in accordance with the Contract Documents, and as directed by the Agency. The Contract Price shall include, but is not limited to the following principal items: obtaining all permits, insurance, and bonds; preparing schedule and schedule of values; mobilizing labor force, equipment and construction facilities onto site; providing field offices and storage yard (if Contractor deems necessary); pre-construction surveying with photographs and videography; securing construction water supply; providing power necessary for construction, providing all temporary construction fencing; installing, maintaining and removing project signs; providing on- site sanitary facilities; posting OSHA requirements and establishing safety programs; performing all work and documentation necessary for the mobilization, bonding, and permitting for construction of the project as described within the Contract Documents. The Contractor shall coordinate with the Agency to determine a temporary laydown area for all project locations. This work also includes the cost for maintaining and submitting the project record drawings at the end of the project. These record drawings must be reviewed monthly with the Agency to receive payment for any work. Progress payments for Mobilization, Preparatory Work and Demobilization shall be made as follows: Mobilization and Preparatory Work: 75% Demobilization: 25% Of the designated bid item, 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. Unforeseen Site Conditions {Bid Item No. 21} Agency Controlled Allowance Measurement for payment for addressing unforeseen site conditions will be based upon all labor, materials, tools, incidentals and equipment, and for doing all the work involved to address unforeseen site conditions not shown on the plans and as required by the Engineer. Payment for addressing unforeseen site conditions will be made on a time and materials basis and not to exceed the stipulated dollar amount shown in the Bid Schedule under Item 21. ,, •,;' Revised 6/15/17 Contract No. 5205-B Page 132 of 181 The total dollar amount shown shall be used by all bidders and shall constitute full compensation for completion of all such work as required per Contract Documents. Potholing Existing Underground Utilities (Bid Item No. 22) Lump Sum The contract unit price paid for this bid item shall constitute full compensation for all potholing activities including but not limited to contacting Underground Service Alert (USA), identifying the proposed areas for (USA) marking; traffic control on local and collector streets; saw cutting; excavation; recycling of insert solids; identification and measurement of horizontal and vertical locations of underground utilities; backfilling of excavations; pavement restoration; USA paint marking removal; pavement marking restoration for each pothole location; and submittal of potholing results documentation to locate utilities applicable for all service installations. Project Construction Sign (Bid Item No. 23) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to furnish and install one (1) sign at least four feet tall by eight feet wide made of¾ inch thick exterior grade plywood in a prominent location on each project site and in good working condition for the duration of the construction period. The sign shall include the following color logos Clean Water State Revolving Fund, Water Boards, EPA, and Carlsbad Municipal Water District. The sign shall also include the following disclosure statement "Funding for this project has been provided in full or part by the Clean Water State Revolving Fund through an agreement with the State Water Resources Control Board. California's Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds." Storm Water Pollution Control Plan (Bid Item No. 24) Lump Sum The contract unit price paid for this bid item shall constitute full compensation to prepare and submit for approval, implement and maintain the Storm Water Pollution Control Plan per Sections 7-8 and 300-13. {'\ •+;' Revised 6/15/17 Contract No. 5205-B Page 133 of 181 (This page intentionally left blank) {' • ., Revised 6/15/17 Contract No. 5205-B Page 134 of 181 SUPPLEMENTAL PROVISIONS ., f.+r Revised 6/15/17 Contract No. 5205-B Page 135 of 181 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the Exhibits/Plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 ½") 19-mm (¾") 12.5-mm (½") 9.5-mm (3/s") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-µm (no. 200) Sieve Sizes 25-mm (1") 19-mm (¾") 9.5-mm <3/s") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-µm (No. 30) 300-um (No. 50) 75-µm (no. 200) ., '-+' Revised 6/15/17 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing TvoeA ------ 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Tvoe 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Percentaae Passino 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Contract No. 5205-B Page 136 of 181 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" ................................. . 11/2" ............................ . 1" ................................. . 3/4" ······························· No. 4 ............................ . No.30 .......................... . No. 200 ....................... . AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78Min. 25Min. 35Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. ~, f.+;> Revised 6/15/17 Contract No. 5205-B Page 137 of 181 SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) (3> PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1> Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 31 0-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: Curing: To match existing Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. {'\ •+; Revised 6/15/17 Contract No. 5205-B Page 138 of 181 Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures. {e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1 /2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: to match existing median paving Add the following: 201-1. 7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Colorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours ~, ~+' Revised 6/15/17 Contract No. 5205-B Page 139 of 181 voe Content: None (0 g/I) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of: Airless sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a ½" continuous expansion joint at locations indicated on the Exhibits/Plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-seNice performance. ,, • ., Revised 6/15/17 Contract No. 5205-B Page 140 of 181 Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 201-3.7 Type "D" Joint Sealant. Add the following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-3.7(A). TABLE 201-3.7(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard (ASTM Results Conditions Designation) Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°c, 150 Q, 5 s Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. 2s0 c Softeninq Point, ASTM D 36 82 °C, min. Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min Flash Point, COC, °C ASTM D 92 288 °C, min. Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20 Thermosel, rpm, 190°C, ,, •+' Revised 6/15/17 Contract No. 5205-B Page 141 of 181 SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. Add the following: 203-6.2.1 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the Asphalt Binder content is within +/-0.5% of the design mix and the gradation conforms to the grading as shown in Table 203-6.4.3 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.4.3 (A) Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.4.3 (A). 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG?0-10 for dikes and class E-PG?0-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability1 in accordance with the Asphalt lnstitute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. 1Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. 203-6.8 Asphalt Concrete Storage. Add the following: Open graded or Gap graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 10 hours, shall not be used in the work . . , '-., Revised 6/15/17 Contract No. 5205-B Page 142 of 181 203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS 203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be Gap Graded class ARHM-GG-C. SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. 206-7.2.1 General. This work shall consist of furnishing and installing temporary signs in accordance with details shown on the plans, the California Sign Specifications and these special provisions. Permanent and temporary signs shall be free from blemishes that may affect the serviceability and detract from the general sign color and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive overspray, and aluminum marks. 206-7.2.2 Drawings. Standard signs shall be as per the most recently approved California Sign Specifications. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 206-7.2.3 Reflective Sheeting. All advisory signs, warning signs and all regulatory signs shall be fabricated with Type IV prismatic sheeting (High Intensity Prismatic or equivalent) or Type IX prismatic cube lens sheeting (Diamond Grade VIP or equivalent) in accordance to ASTM Designation D4956 and conforming to the requirements of these special provisions. 206-7.2.4 Sign Panel. Sign panels shall be fabricated from sheet aluminum in accordance with ASTM Designation 8209. Sheet aluminium shall be pretreated in accordance to ASTM Designation 8449. The surface of sheet aluminum shall be cleaned, deoxidized, and coated with a light and tightly adherent chromate conversion coating free of powdery residue. The conversion coating shall be Class 2 with a mass between 10 milligrams per square foot. Following the cleaning and coating process, the sheet aluminum shall be protected from exposure to grease, oils, dust, and contaminants. Sheet aluminum shall be free of buckles, warps, dents, cockles, burrs, and defects resulting from fabrication. 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation Standard Plans RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 ., f.+;' Revised 6/15/17 Contract No. 5205-B Page 143 of 181 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the require- ments of these special provisions. 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of these special provisions, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these special provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11mm (7/16") holes on 25 mm (1") centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.01 0") applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16 " in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on corner-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1 m (1 0'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(8) . . , ~+;' Revised 6/15/17 Contract No. 5205-B Page 144 of 181 TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners mm (inches) mm (inches) 25x 25 (1 X 1) 0.13 0.005 32 X 32 (1¼x1¼) 0.15 0.006 38 X 38 (1½x1½) 0.15 0.006 44x44 (1¾ X 1¾) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/16 X 23/16) 0.25 0.010 57 X 57 (2¼ X 2¼) 0.25 0.010 64 x64 (2½ X 2½) 0.25 0.010 51 X 76 (2 X 3) 0.25 0.010 TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Dimension Squareness(1l Twist Permissible in 900 mm (3") Outside (Inches) mm (Inches) mm(2l (lnches)(2l mm 25 x25 (1 X 1) 0.15 0.006 1.3 0.050 32 X 32 (1-¼ X 1-¼) 0.18 0.007 1.3 0.050 38 X 38 (1-½ X 1-½) 0.20 0.009 1.3 0.050 44x44 (1-¾ X 1-¾) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56 X 56 (2-3/16 X 2-3/16) 0.36 0.014 1.6 0.062 57 X 57 (2-¼ X 2-¼) 0.36 1.014 1.6 0.062 64x64 (2-½ X 2-½) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 . . (1) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed . (2) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel "pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (7/8") diameter head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to ASTM 8-633, Type 111 Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 145 of 181 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer. Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. When ownership is transferred to the City (at the end of the job), it must be demonstrated to be in good working condition, and meet the provisions of these specifications, including current registration. Add the following section: 206-9.4 Measurement and Payment. The contract unit price PCMS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the signs to the City at the completion of the construction, in good working order, and as directed by the Engineer, and no other compensation will be made. ,, •ff Revised 6/15/17 Contract No. 5205-B Page 146 of 181 SECTION 207 -PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless otherwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall conform to the requirements and dimensions specified in ANSI A21.11, AWWA C111. Rubber gasket material shall conform to 208-1.2 and AWWA C111 and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA C150 and ANSI 21.51, AWWA C151, and shall be of the size and thickness classes shown on the Plans. Unless otherwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thickness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless otherwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement conforming to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils. thick in accordance with AWWA C151 or C100. 207-10 STEEL PIPE add the following: 207-10.1 General Fabricated Steel Pipe and Fittings shall conform in all respects to Carlsbad Municipal Water District Rules and Regulations for Construction of (Potable or Reclaimed) Water Mains, latest edition. 207-10.1.2 Submittals. The Contractor shall furnish submittals in accordance with Section 2- 5.3, Submittals Shop Drawings. Submittals are required for the following: Shop Drawings Manufacturer's tests Fabrication Details Protective Coatings Layout Drawings Mill Reports or Plant Test Reports Dimensional Checks Welding Procedures/Certification for Field Welding Shop Drawings shall be submitted and approved prior to manufacture of pipe. 207-10.1.3 Quality Assurance. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall submit a copy of their certification to the District prior to performing any field welding. Certifications shall be dated within three (3) years of the job to be performed. ('\ •fl' Revised 6/15/17 Contract No. 5205-B Page 147 of 181 The top of all pipe and specials shall be clearly identified by marking the top with 'T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground service shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless otherwise specified on the Drawings. Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mvlex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LOPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) ,, • .., Revised 6/15/17 Contract No. 5205-8 Page 148 of 181 TABLE 207-25.1(8) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 197 4. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines -APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment -PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. {'\ •+' Revised 6/15/17 Contract No. 5205-B Page 149 of 181 SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 (A) Surface to be Painted Pre-reatment I Surface Primer Finish Coats Preparation Temporary Railing type Abrasive Blast Cleaning to a None Two coats white Acrylic (K) Roughened, Textured Emulsion Paint (1l Appearance (1) acrylic emulsion paint designed for use on exterior masonry. This paint shall comply 1n all respects to Federal Spec1ficat1on TT-P- 19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-004 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. 210-3 GALVANIZING. Add the following section: 210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (1/8") thick or thicker, shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding of tightly contacting surfaces of these products prior to galvanizing is required only where seal welding is shown on the plans or specified in these special provisions. Except for pre-galvanized standard pipe, galvanizing of material 3.2 mm (1/8") thick or thicker shall be performed after fabrication into the largest practical sections. At the option of the Contractor, material thinner than 3.2 mm (1/8") shall be galvanized either before fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation Z600, or after fabrication in conformance with the requirements of ASTM Designation: A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2 oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than 305 g per square meter (1.0 oz. per ft2). Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53. Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts. {'\ •;, Revised 6/15/17 Contract No. 5205-B Page 150 of 181 Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slab or other material that would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, the work shall be performed without damage to the zinc coating. Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans, shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs, bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M, A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot- dip zinc coated or mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless otherwise specified, galvanizing shall be performed after fabrication. Components of bolted assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated surfaces shall be in accordance with the procedures in Section 210.1 "Paint". Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be painted with two applications of unthinned zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, "Repair of Damaged Zinc Coating." Aerosol cans shall not be used. SECTION 212 -LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. Add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1(A) through 212-1-2-5-3(A). 212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(8): {'\ •+' Revised 6/15/17 Contract No. 5205-B Page 151 of 181 Table 212-1.2.4(8) SOIL AMENDMENT PROPERTIES Minimum Maximum 1 1 Sieve 100% 100% #4 Sieve 95% 100% #16 Sieve 45% 65% #30 Sieve 30% 40% #50 Sieve 0% 10% #100 Sieve 0% 2% 1 1 ht basis 0.08% 0% 6.0% 6.0 7.0 1 (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2: 1 (horizontal: vertical) slope to pass through the membrane. A non-phyto- toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be "CPA 4000", "AZTAC", "Ecology Control", "M- Binder", or approved equal. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212-1.2.5.1(A) ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 152 of 181 Table 212-1.2.5.1 (A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Application Rate grams per sq. meter (pounds per acre) Viroin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 (60) Fertilizer (16-20-0) Ammonium 35 (300) Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 H20) product -94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in palletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the following section: 212-1.2.8 Stabilizing Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that forms a plastic film upon drying and allows water and air to penetrate. The film shall be nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and licensed by the California, Department of Food and Agriculture, as an "auxiliary soil chemical". Stabilizing emulsion shall be miscible with water at time of mixing and application. 212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume. Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. All brand-name, patented seed must be received by Contractor in original manufacturer's bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section:212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas (all areas except Southern Willow Scrub and Riparian Scrub and Upland Transition Zone seeded areas) shall consist of no less than the seed varieties shown in Table 212-1.3.1 (A). {'\ •...-Revised 6/15/17 Contract No. 5205-B Page 153 of 181 Table 212-1.3.1(A) SEED FOR DISTURBED AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20 (1) Festuca Megalura, Zorro Fescue 2.5 20 Eschscholzia Californica 0.35 3 Achillea Millefolia 0.45 4 Alyssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. Add the following section: 212-1.3.2 Seed for Southern Willow Scrub and Riparian Scrub Areas. Hydroseeding mix for the Southern Willow Scrub and Riparian Scrub area shall consist of no less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.2(A) SEED FOR SOUTHERN WILLOW SCRUB AND RIPARIAN SCRUB AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Ambrosia Psilostachya 0.35 3 Artemesia Doualasiana 0.35 3 Artemesia Dracunculus 0.25 2 Atriplex Patula SSP, Hastata Halberd Leaf Saltbrush 0.25 2 Encelia Californica, California Sunflower 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 lsocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Oenothera Hookerii, Hooker's Primrose 0.10 1 Add the following section: 212-1.3.3 Seed for Riparian Scrub and Upland Transition Zone Areas. Hydroseeding mix for the Riparian Scrub and Upland Transition Zone area shall consist of not less than the seed varieties shown in Table 212-1.3.2(A). Table 212-1.3.3(A) SEED FOR RIPARIAN SCRUB AND UPLAND TRANSITION ZONE AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Encelia Californica 0.45 4 Eschscholzia Californica, California Poppy 0.25 2 Festuca Megalura, Zorro Fescue 0.25 2 lsocoma Venetus, Coastal Goldenbrush 0.45 4 Leymus Condensatus, Giant Wild Rye 0.45 4 Lotus Scoparius, Deerweed 0.45 4 Lupinus Succulentus, Arroyo Lupine 0.35 3 Phacelia Tanacetifolia 0.25 2 ., fa., Revised 6/15/17 Contract No. 5205-B Page 154 of 181 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency ., '-+' Revised 6/15/17 Contract No. 5205-B Page 155 of 181 reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (1 O") or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6") or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. 212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2") diameter turned lodgepole pine, pointed on their driven end. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2") and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water'' in 16 mm (5/s") high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" or "QC", "PB" respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. ,, •+' Revised 6/15/17 Contract No. 5205-B Page 156 of 181 Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (½") to 50 mm (2") shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-µm mesh or perforated sheet with 1.14 mm (0.045") diameter holes. All other wye strainers shall be equipped with 425-µm strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-160V), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salce, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5' to 40') of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be one of the approved reduced pressure principle devices listed by the California Department of Health Services, Division of Drinking Water and Environmental Management, 601 North 7th Street, Mailing Station (MS) 92, P.O. Box 942732, Sacramento, CA 94234-7320. Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be ,, • ., Revised 6/15/17 Contract No. 5205-B Page 157 of 181 either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Add the following section: 212-2.5 Flexible Hose. -Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 2122. Hose Size-Nominal (Millimeters) (Inches) 15 5/a 20 ¾ 25 1 TABLE 212-2.S(A) FLEXIBLE HOSE Minimum Wall Thickness* (Millimeters) (Inches) 3.73 0.147 3.91 0.154 4.55 0.179 *as measured at any point on the cross section. Range (Percent) 12 12 12 The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings . . , ~~ Revised 6/15/17 Contract No. 5205-B Page 158 of 181 SECTION 213 -ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Application of Geotextile Table 213-2.1(A) GEOTEXTILE APPLICATIONS Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aaareqate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainaqe at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg(¼ Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (¼ Ton) Plant Protection Covering Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (1 0') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Add the following section: 213-3 EROSION CONTROL SPECIAL TIES. Add the following section: Type Designation 90WS 180N 200WS 270WS 270WS NIA NIA 180N 250N 90N 90WS 200WS 213-3 Gravel Bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 lbs) of 19 mm (¾") crushed rock and securely tied closed. Plastic bags are not acceptable. {'\ • ., Revised 6/15/17 Contract No. 5205-B Page 159 of 181 SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section:214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TOM-Temporary Overlay Markers Add the following section: Manufacturer of Distributor Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma, WA 98424, (877) 335-4638 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface- mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. Type Safe-Hit SH336SMA Carsonite "Super Duck" SDR3036 Repo "The Replaceable Post" TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit, A Division of Energy Absorption Systems, Inc. 35 East Wacker Drive, Suite 1100 Chicago, IL 60602 (800) 537-8958 Carsonite Composites, LLC 605 Bob Gifford Boulevard Early Branch, SC 29916 (800) 648-7916 Western Highway Products 10680 Fern Avenue Stanton, CA 90680 (800) 854-3360 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. l' •+' Revised 6/15/17 Contract No. 5205-B Page 160 of 181 SECTION 215 -FENCING 215-1 ENVIRONMENTAL FENCING 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required . . , ~.,, Revised 6/15/17 Contract No. 5205-B Page 161 of181 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans Exhibits/Plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative ,, •;, Revised 6/15/17 Contract No. 5205-B Page 162 of 181 compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. Add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.6 Surplus Material. Add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement. Delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. ,, •ff Revised 6/15/17 Contract No. 5205-B Page 163 of 181 300-2.9 Payment. Add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3-3 EXTRA WORK of the specifications. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. Add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to the Work and no additional compensation will be made therefore. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. Add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.5 Placing Materials for Fills. Add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. ,, •+;' Revised 6/15/17 Contract No. 5205-B Page 164 of 181 300-4.6 Application of Water. Add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. Add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6'') shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. Add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. Delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2015 edition as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2015 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to {'\ •+' Revised 6/15/17 Contract No. 5205-8 Page 165 of 181 final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the 2016 City of Carlsbad Engineering Standards Volume 4 "SWPPP Manual", "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.2 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2- 5.3 of these Special Provisions. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and ., ~+;' Revised 6/15/17 Contract No. 5205-B Page 166 of 181 4. Non-storm water management and waste management and disposal control practices; 5. Daily street sweeping. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings, Tier 1 SWPPP Template provided in Attachment G. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. 300-12.3 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in ., f.+; Revised 6/15/17 Contract No. 5205-B Page 167 of 181 accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. 300-13.4 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP, as described in Section 7-8. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. 300-13.5 Payment. The contract lump sum price paid for the SWPPP work shall include full compensation for the design, submittal, obtaining approval, and amending the SWPPP and for furnishing all labor, materials, tools, equipment, and incidentals to install, implement, maintain and remove construction BMPs per the approved SWPPP . . , '-+' Revised 6/15/17 Contract No. 5205-B Page 168 of 181 Partial payment shall be based on the percentage the total value of work completed. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING 302-11 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-11.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement incidental to the Work. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303~ CONCRETESTRUCTURES 303-1.6.2 Falsework Design. Add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Falsework shall be designed, submitted, constructed, and removed in accordance with Caltrans Standard Specification Section 51. Such plans and calculations shall include: ., '-., Revised 6/15/17 Contract No. 5205-B Page 169 of 181 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. Add the following section: 303-1.9.5 Surface Finish for Concrete Spillway. The Contractor shall provide a surface finish for concrete spillway to prevent the use of rollerblades, skateboards, and other rolling devices. Surface finish shall be a rough rake finish approved by the Engineer. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General. add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6'') by No. 10 by No. 1 0 welded wire mesh. Add the following section: 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markin s T pe of under round facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Markin w s RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 303-6 STAMPED CONCRETE. 303-6.1 General. Add the following: Concrete shall be 560-C-3250 with 6"x6" -10 guage wire mesh throughout. Add the following: 303-6.5 Street Medians. Use color application method "B" (integral color). Color shall be per Section 201-1.2.4(a). The pattern shall match existing median pattern or approved equal. ., f.., Revised 6/15/17 Contract No. 5205-B Page 170 of 181 SECTION 304 -METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction. Add the following: Fence shall match existing or be an approved equal where necessary to restore. 304-3.3 Installation of Gates. Add the following: Gates shall match existing or be an approved equal where necessary to restore. SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Add the following section 306-1.1.7 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. Add the following section: 306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the review process will take into account the following factors: 1. Traffic volume and composition. 2. Duration of use of the steel plate bridging. 3. Size of the proposed excavation. 4. Weather conditions. The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + DAYS + 10 X WEEKEND+ 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100) X LANES 1000 8 PS= [ ADT + EWL +DAYS+ 10 X WEEKEND+ 5 X NIGHTS+ 20 X WEATHER+ SPEED (mph)+ SLOPE X 100] X LANES 1000 5 where: PS ADT EWL DAYS WEEKEND = plate score. = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. = total number of 24 hour periods during which the plates will be utilized at the site being considered. = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. {'\ •+; Revised 6/15/17 Contract No. 5205-B Page 171 of 181 NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. 306-1.1. 7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. b) Steel plates used for bridging must extend a minimum of 61 O mm (2') beyond the edges of the trench. c) Steel plate bridging shall be installed to operate with minimum noise. When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1 ") and shall be filled with elastomeric sealant material which may, at ,, • ., Revised 6/15/17 Contract No. 5205-B Page 172 of 181 the contractor's option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(8) and 203-5.3(A). Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2") shorter than the width of the trench bolted to the underside of each plate and located within 150 mm (6'') of the beginning and end of the trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12" x ¾") steel bolts placed through the plate and driven into holes drilled 300 mm (12") into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) Minimum Plate Thickness 0.3 m (10") 13 mm (½"I 0.6 m (23") 19 mm (¾"1 0.8 m (31") 22 mm (7/a"i 1.0 m (41") 25 mm (1" 1.6 m (63") 32 mm (1 ¼") .. (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered c1vII engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CAL TRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CAL TRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. {'\ •ff Revised 6/15/17 Contract No. 5205-B Page 173 of 181 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. Add the following: The Contractor shall provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on plans. 306-1.3.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. Add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities undergrounding and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (¼") nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made . . , fa.-, Revised 6/15/17 Contract No. 5205-B Page 174 of 181 SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (1/a") in 3 m (1 O') when measured parallel to the centerline of the street or more than 6 mm(¼") in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow . . , '-+;' Revised 6/15/17 Contract No. 5205-B Page 175 of 181 Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Traffic striping, curb markings, and pavement markings are incidental to the work and no separate payment will be made therefore. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Add the following Section: 310-7 PERMANENT SIGNING Add the following Section: 310-7.1 General. Add the following section: The Contractor shall provide and install all permanent traffic control signs at locations where necessary to restore. Add the following section: 310-7.2 Measurement and Payment. Permanent signing and appurtenances are incidental to the work and no separate payment will be made therefore . . , \.+;' Revised 6/15/17 Contract No. 5205-B Page 176 of 181 SECTION 312 -PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam ., '-+' Revised 6/15/17 Contract No. 5205-B Page 177 of 181 headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand- filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place . . , ~ff Revised 6/15/17 Contract No. 5205-B Page 178 of 181 Add the following section: 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/s") thick plate welded on the upper end with a 5-mm (3/15") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303- 1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (1 0') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCH RP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TS FCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1 and T2 {'\ •~ Revised 6/15/17 Contract No. 5205-B Page 179 of 181 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement shall also be installed at each TS FCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. ~, f.., Revised 6/15/17 Contract No. 5205-B Page 180 of 181 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 RUBBERIZED EMULSION -AGGREGATE SLURRY 600-3.2 Materials Add the following: Aggregate for Rubberized Emulsion -Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS Add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing markings, legends and striping, either permanent or temporary in those areas to be slurried. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. 600-3.6 Public Convenience and Traffic Control. Modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. ,, •ff Revised 6/15/17 Contract No. 5205-B Page 181 of 181 INSTALLATION OF NEW RECYCLED WATER SERVICES CIP PROJECT NO. 5205-B TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 1 GENERAL REQUIREMENTS 01 39 00 Preconstruction Videography DIVISION 2 SITEWORK (NOT USED) DIVISION 3 CONCRETE (NOT USED) DIVISION 4 MASONRY (NOT USED) DIVISION 5 METALS (NOT USED) DIVISION 6 WOOD AND PLASTICS (NOT USED) DIVISION 7 THERMAL AND MOISTURE PROTECTION (NOT USED) DIVISION 8 DOORS AND WINDOWS (NOT USED) DIVISION 9 FINISHES (NOT USED) DIVISION 10 SPECIALTIES (NOT USED) DIVISION 11 EQUIPMENT (NOT USED) DIVISION 12 FURNISHINGS (NOT USED) DIVISION 13 SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 CONVEYING SYSTEMS (NOT USED) CARLSBAD MUNICIPAL WATER DISTRICT INSTALLATION OF NEW RECYCLED WATER SERVICES TABLE OF CONTENTS 010110-1 DIVISION 15 MECHANICAL (NOT USED) DIVISION 16 ELECTRICAL (NOT USED) DIVISION 17 INSTRUMENTATION (NOT USED) CARLSBAD MUNICIPAL WATER DISTRICT INSTALLATION OF NEW RECYCLED WATER SERVICES TABLE OF CONTENTS 01 01 10 - 2 PART 1 -GENERAL SECTION 01 39 00 PRE-CONSTRUCTION VIDEOGRAPHY 1.1 RELATED DOCUMENTS A. City of Carlsbad Engineering Standards B. SSPWC -Standard Specifications for Public Works Construction ("The Greenbook"), 2018 Edition C. Drawings and general prov1s10ns of the contract, including General and Supplementary Conditions and Division I Specification Sections, apply to the work of this Section. D. Examine all Drawings and all other Sections of the Specifications for requirements therein affecting the work of this Section. E. Coordinate work with that of all other trades affecting or affected by work of this Section. Cooperate with such trades to assure the steady progress of all work under the Contract. 1.2 SUMMARY A. The Contractor shall perform a preconstruction survey of the project site to provide record of preconstruction conditions. B. This section specifies the performance of pre-construction videography of the existing conditions to be conducted by the Contractor. C. Pre-construction videography shall be completed for all areas which may be disturbed by the Contractor's operations including but not limited to exterior areas of the adjacent structures, buildings and all areas affected by the project work. Photography may be used to supplement the videography, but videography shall be the primary method of documented existing conditions. 1.3 PREFORMANCE REQUIREMENTS A. The pre-construction videography shall document the existing conditions of the project area within the public right-of-way and abutting properties (as can be viewed from the right-of-way.) The Contractor shall not be required to cross onto private property, or cross outside of temporary construction easements provided, for the purpose of documenting existing conditions. B. The pre-construction videography shall include, but not be limited to, documenting the following existing conditions: Exterior of buildings and structures; driveways; trees, shrubs, bushes; landscaping and plantings; signage; mailboxes; sidewalks; granite and bituminous curbing; utility poles and overhead wiring; open water bodies; wetlands and streams. C. The pre-construction videography shall include a video of construction access roads and public roads to be used by the Contractor, including all public and private streets and routes used for access to and from the work site. D. The pre-construction videography shall include all other areas as directed by the Owner which Installation of New Recycled Water Services Project Carlsbad Municipal Water District Pre-Construction Videography Section 01 39 00 -I may be disturbed or which are to be protected from the Contractor's operations. E. The pre-construction videography shall be recorded and submitted at least two (2) weeks but no earlier than four ( 4) weeks before construction begins in the area. F. Notify the Owner seven calendar days in advance and coordinate the scheduling of the video so that a representative of the Owner may accompany the Contractor during videotaping. G. The pre-construction videography may be phased over several sites/areas in connection with the Contractor's planned sequence of the work. H. Detailed examination and video inspection of areas longitudinally along the pipe route and perpendicularly from the centerline of the pipe. I. Documentation shall be in the form of a detailed video inspection the project area; and color digital photographs keyed to specific locations of the work by referencing stationing of the contract drawings and/or house numbers and streets. 1.4 SUB MITT ALS A. Shop Drawings: Submit the following in accordance with Section 01300 -SUBMITTALS. 1. Documentation (including report) of existing conditions shall be completed within 15 days of the Notice to Proceed. The Contractor will not be allowed to begin excavation until the final report has been submitted and accepted by the Owner. 2. Two (2) copies of the draft preconstruction report shall be submitted to the Engineer for review and acceptance prior to the start of construction. Each report shall include as a minimum the following: a. Results of visual inspection (on DVD) including video and photographic documents of project area; and b. Sketches as required to convey the location of the documentation. 3. The Engineer shall review the draft reports, and may indicate additional information that is required. This information shall be included in the final report. 4. Written summary of "potential problem areas" and the Contractor's recommendations to address these problem areas. 5. Two (2) copies of the final report shall be submitted. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION (NOT USED) END OF SECTION This section establishes minimum requirements only. It should not be used as a complete specification. Installation of New Recycled Water Services Project Carlsbad Municipal Water District Pre-Construction Videography Section 01 39 00 - 2 APPENDICES ., '-+' Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) APPENDIX A: EXHIBITS ,, •+;' Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) LIST OF EXHIBITS EXHIBIT INDEX AND LIST OF NEW RECYCLED WATER SERVICES EXHIBIT 1.A: GENERAL NOTES EXHIBIT 1.B: RECYCLED WATER NOTES AND CARLSBAD NOTES EXHIBIT 1: INDEX MAP EXHIBIT 1.1: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 1 EXHIBIT 1.4: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 5 EXHIBIT 1.5: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 6 AND 7 EXHIBIT 1.6: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 8 AND 9 EXHIBIT 1.7: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 10 EXHIBIT 1.8: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 11 EXHIBIT 1.10: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 13 EXHIBIT 1.11: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 15 EXHIBIT 1.12: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 16 AND 17 EXHIBIT 1.13: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 18 EXHIBIT 1.14: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 19 EXHIBIT 1.17: LOCATION MAP FOR RECYCLED WATER SESRVICE NUMBER 22 EXHIBIT 1.18: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 23 EXHIBIT 1.19: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBERS 25 AND 26 EXHIBIT 1.20: LOCATION MAP FOR RECYCLED WATER SERVICE NUMBER 27 ., ~+J Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) RECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESCONTRACT NO. 5205-BEXHIBIT INDEX AND LIST OF NEW RECYCLED WATER SERVICESAUGUST 20188/10/2018 10:21:26 AM RECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESCONTRACT NO. 5205-BEXHIBIT 1.A: GENERAL NOTES1. A RIGHT-OF-WAY PERMIT FROM THE CITY ENGINEER WILLBE REQUIRED FOR ANY WORK IN THE PUBLIC RIGHT OFWAY. PRIOR TO PERMIT ISSUANCE, A CERTIFICATE OFINSURANCE MUST BE FILED NAMING THE CITY OFCARLSBAD AS AN ADDITIONAL INSURED ON THEPERMITTEE'S POLICY IN THE MINIMUM AMOUNT OF$1,000,000.00 FOR EACH OCCURRENCE OF LIABILITY. THEINSURANCE COMPANY IN WRITING THE POLICY MUSTHAVE A RATING OF "A-" OR BETTER AND A SIZECATEGORY OF CLASS V OR BETTER AS EXTABLISHED BY"BESTS" KEY RATING GUIDE.2. NO WORK SHALL BE COMMENCED UNTIL ALL PERMITSHAVE BEEN OBTAINED FROM THE CITY AND OTHERAPPROPRIATE AGENCIES.3. ACCESS FOR FIRE AND OTHER EMERGENCY VEHICLESSHALL BE MAINTAINED THROUGH THE PROJECT SITES ATALL TIMES DURING CONSTRUCTION.4. ALL INSPECTION REQUESTS SHALL BE MADE BY CALLINGTHE ENGINEERING 24-HOUR INSPECTION REQUEST LINEAT (760) 438-3891. INSPECTION REQUESTS MUST BERECEIVED PRIOR TO 2:00 P.M. ON THE DAY BEFORE THEINSPECTION IS NEEDED. INSPECTIONS WILL BE MADE THENEXT WORK DAY UNLESS YOU REQUEST OTHERWISE.REQUESTS MADE AFTER 2:00 P.M. WILL BE SCHEDULEDFOR TWO FULL WORK DAYS LATER.5. THE CONTRACTOR SHALL DESIGN, CONSTRUCT ANDMAINTAIN ALL SAFETY DEVICES INCLUDING SHORING,AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMINGTO ALL LOCAL, STATE AND FEDERAL SAFETY AND HEALTHSTANDARDS, LAWS AND REGULATIONS.6.IF ANY ARCHAEOLOGICAL RESOURCES ARE DISCOVEREDWITHIN ANY WORK ZONE DURING CONSTRUCTION,OPERATIONS WILL CEASE IMMEDIATELY, AND THECONTRACTOR WILL NOTIFY THE CITY ENGINEER.OPERATIONS WILL NOT RESTART UNTIL THECONTRACTOR HAS RECEIVED WRITTEN AUTHORITY FROMTHE CITY ENGINEER TO DO SO.7. ALL OPERATIONS CONDUCTED ON THE SITE ORADJACENT THERETO, INCLUDING WARMING UP, REPAIR,ARRIVAL, DEPARTURE OR OPERATION OF TRUCKS,EARTHMOVING EQUIPMENT, CONSTRUCTION EQUIPMENTAND ANY OTHER ASSOCIATED GRADING EQUIPMENTSHALL BE LIMITED TO THE WORK HOURS IMPOSED FORCERTAIN LOCATIONS OF THE WORK, AS SHOWN IN TABLE1: NEW RECYCLED WATER SERVICE LIST UNDER TRAFFICCONSTRAINTS. ADDITIONALLY, THE CONTRACTOR SHALLCOMPLY WITH ANY WORK HOUR RESTRICTIONS IMPOSEDBY PERMITS.8. THE EXISTENCE AND LOCATION OF UTILITY STRUCTURESAND FACILITIES SHOWN ON THE EXHIBITS WEREOBTAINED BY A SEARCH OF THE AVAILABLE RECORDS.ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OFOTHER UTILITY FACILITIES OR STRUCTURES NOT SHOWNOR IN A LOCATION DIFFERENT FROM THAT SHOWN ONTHE PLANS. IT SHALL BE THE CONTRACTOR'S SOLERESPONSIBILITY TO VERIFY ALL EXISTING UTILITIES BYCONTACTING UTILITY AGENCIES, AND TO EXERCISEEXTREME CARE TO AVOID DAMAGING EXISTING UTILITIESDURING EXCAVATION. THE CONTRACTOR IS REQUIRED TOTAKE DUE PRECAUTIONARY MEASURES TO PROTECT THEUTILITIES SHOWN ON THE PLANS AND ANY OTHEREXISTING FACILITIES OR STRUCTURES NOT SHOWN.9. THE CONTRACTOR SHALL POTHOLE THE TOP ANDBOTTOM OF ALL UTILITIES, INCLUDING CONCRETEENCASEMENTS, AND SURVEY THE UTILITY LOCATION ATLEAST 4 WEEKS IN ADVANCE OF ANY MOBILIZATION ANDINSTALLATION OF A SERVICE LINE. UTILITIES THAT AREFOUND TO BE IN CONFLICT WITH THE PROPOSED WORKMAY REQUIRE RELOCATION OF SERVICES.10. VERTICAL ELEVATIONS OF UTILITIES ARE UNKNOWN.CONTRACTOR SHALL VERIFY HORIZONTAL AND VERTICALLOCATIONS AND BEARING AND INCLINATIONSSUFFICIENTLY AHEAD OF SCHEDULE TO ALLOW TIME FORDESIGN REVISIONS. IF NECESSARY PROVIDE A MINIMUMOF 12 INCHES OF VERTICAL SEPARATION BETWEENUTILITY CROSSINGS, UNLESS OTHERWISE APPROVED BYTHE ENGINEER. LESS THAN 12 INCHES OF VERTICALSEPARATION SHALL REQUIRE A "SAND CUSHION".11. WATER SERVICES, RECYCLED WATER SERVICES ANDSEWER LATERALS ARE SHOWN IN THEIR APPROXIMATELOCATIONS. ALL SERVICES SHALL BE KEPT ACTIVEUNLESS REQUIRED FOR CONSTRUCTION ACTIVITIES.SCHEDULED SERVICE INTERRUPTIONS SHALL BECOORDINATED WITH THE CITY REPRESENTATIVE PRIORTO SERVICE INTERRUPTION. SERVICES DAMAGED DURINGCONSTRUCTION SHALL BE REPLACED TO THEIR ORIGINALWORKING CONDITION AND TESTED PER CITYREQUIREMENTS IN ACCORDANCE WITH CITY OFCARLSBAD ENGINEERING STANDARDS AT THE EXPENSEOF THE CONTRACTOR.12. CONSTRUCTION STAGING SHALL BE THE RESPONSIBILITYOF THE CONTRACTOR. CONTRACTOR SHALL NOT USEANY PUBLIC RIGHT-OF-WAY FOR STOCKPILING ORSTAGING OF WORK WITHOUT WRITTEN APPROVAL BY THECITY OF CARLSBAD.13. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TRAFFICCONTROL. CONTRACTOR SHALL BE SOLELY RESPONSIBLEFOR OBTAINING ANY REQUIRED CITY APPROVALS FORTRAFFIC CONTROL AND PERMITTING, INCLUDINGPREPARATION OF APPROVED TRAFFIC CONTROL PLANS.14. TRENCH RESURFACING FOR ASPHALT CONCRETEPAVEMENT FOR TRENCH SHALL BE PER CITYSUPPLEMENTAL STANDARDS. STRIPING DAMAGEDDURING CONSTRUCTION SHALL BE REPLACED BY THECONTRACTOR AT NO ADDITIONAL COST TO THE CITY OFCARLSBAD OR CARLSBAD MUNICIPAL WATER DISTRICT.15. THE CONTRACTOR SHALL REPLACE IN KIND AND INACCORDANCE WITH ALL CITY OF CARLSBAD STANDARDSALL EXISTING IMPROVEMENTS INCLUDING BUT NOTLIMITED TO PAVEMENT, SIDEWALKS, CURBS ANDGUTTERS, MEDIAN IMPROVEMENTS, BERMS, PAVED ANDDIRT ROADS, DRAINAGE DITCHES, CULVERTS, DRAINPIPES, SEWER LATERALS, WATER SERVICES,LANDSCAPING, HARDSCAPE IRRIGATION FACILITIES,TRAFFIC CONTROL LOOPS, LIGHTING AND ELECTRICAL,ABOVE AND BELOW GROUND, DAMAGED DURINGCONSTRUCTION OF THE PROJECT.16. ENGINEER TO CONFIRM ALL FINAL NEW SERVICELOCATIONS IN FIELD DURING CONSTRUCTION.8/10/2018 10:21:28 AM RECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESCONTRACT NO. 5205-BEXHIBIT 1.B: RECYCLED WATER NOTES AND CARLSBAD NOTESRECYCLED WATER NOTES1. RECYCLED WATER SERVICES SHALL BE CONSTRUCTED INACCORDANCE WITH THE "CITY OF CARLSBADENGINEERING STANDARDS" (LATEST EDITION) VOLUMES 2& 3 AND SAN DIEGO COUNTY DEPARTMENT OFENVIRONMENTAL HEALTH REQUIREMENTS.2. THE CONTRACTOR SHALL OBTAIN AN EXCAVATIONPERMIT FROM THE DIVISION OF INDUSTRIAL SAFETYBEFORE ANY EXCAVATION AND SHALL PROVIDE PROOFOF OSHA NOTIFICATION AND SHALL ADHERE TO ALLPROVISIONS OF THE STATE CONSTRUCTION SAFETYORDERS.3. NO TREES SHALL BE REMOVED AS PART OF WORK - ANYEXCEPTIONS SHALL REQUIRE WRITTEN PERMISSIONFROM THE CITY ENGINEER.4. ALL BURIED COPPER PIPING AND APPURTENANCES SHALLBE PROTECTED BY MEANS OF CATHODIC PROTECTION.5. MINIMUM SPACING BETWEEN RECYCLED WATERLATERALS, POTABLE WATER SERVICES AND SEWERSERVICES SHALL BE 10 FEET. A MINIMUM 4-FOOTSEPARATION MAY BE CONSIDERED AT THE DISCRETIONOF THE CMWD.6. THE TOP OF WATER METER BOXES SHALL BE FLUSH WITHTHE FINISHED SURFACE GRADE.7. PROVIDE 12" VERTICAL SEPARATION BETWEENPOTABLE/RECYCLED/WATER/SEWER. INSTALL SEWERBELOW RECYCLED WATER AND RECYCLED WATERBELOW POTABLE WATER.8. EXACT LOCATION OF RECYCLED WATER SERVICES ANDAPPURTENANCES SHALL BE DETERMINED IN THE FIELDBY THE CONTRACTOR AND APPROVED BY THE CITYINSPECTOR.9. ALL RECYCLED WATER VALVE BOXES SHALL BE 10"BINGHAM & TAYLOR MARK V WITH LOCKING LID. BLOWOFF AND MAR CANS SHALL BE ALHAMBRA A-1244-C/R.CARLSBAD NOTES1. ALL EQUIPMENT USED DURING CONSTRUCTION SHALLHAVE RUBBER TIES OR RUBBER TRACKS. CONTRACTOR ISRESPONSIBLE FOR ALL REPAIRS THAT ARE REQUIRED TOTHE EXISTING PAVEMENT TO THE SATISFACTION OF THECITY INSPECTOR AND AT NO ADDITIONAL COST TO THECMWD.2. CONSTRUCTION STAGING OR STORAGE WITHIN THEPUBLIC RIGHT-OF-WAY IS PROHIBITED. OFF-SITE STAGINGAND STORAGE AREAS SHALL BE THE CONTRACTOR'SRESPONSIBILITY AND SHALL BE APPROVED BY THE CITYENGINEER. SEE GENERAL NOTE 12.8/10/2018 10:21:33 AM NO.1567891011131516171819232526AGUAHEDIONDABATIQUITOSLAGOON CANNON RDCOLLEGE BLVD EL CAMINOREALPALOMARAIRPORTINTERSTATE 5INTERSTATE 5POINSETTIA LNAVIARA PKWYPALOMARAIRPORTROADFARADAYAVEPOINSETT IA LNALGA RDBATIQUITOS DRRAILROADRAILROADAVENIDA ENCINAS CARLSBAD BLVD27EXHIBIT 1: INDEX MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESCITY OF CARLSBAD BOUNDARYSEAPORT VILLAS HOALAS PLAYAS HOAALTAMIRA HOAEXISTING RECLAIMED WATER MAININSTALL CMWD WHARF HEADINSTALL RECLAIMED WATER SERVICEPER CMWD STD DWG W-4(SIZED PER TABLE 1: NEW RW SERVICE LIST)8/10/2018 10:21:38 AM CANNON ROADPASEO DELNORTENO.1EXHIBIT 1.1: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOPALOMARCA N N O N RD . CO L L E G EAVIARAFARADAYINTERSTATE 5AGUAHEDIONDALAGOONVICINITY MAPSERVICE LOCATION 18/10/2018 10:21:49 AM AVENIDA ENCINAS POINSETTIA LN5NO.EXHIBIT 1.4: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)VICINITY MAPSERVICELOCATION 5PALOMARAIRPORTRD.AVIARALACOSTAAVE.INTERSTATE 5P K W Y .BATIQUITOS LAGOON8/10/2018 10:21:58 AM RAINTREE DRAVENIDA ENCINASRAINTREE DRAVENIDAENCINASWATERS END DRSWEETWATERST76NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)PALOMAR AIRPORTRD.CANNONRD . CO L L E G EAVIARAL A COSTAAVE.FARADAYINTERSTATE 5PKWY.BATIQUITOS LAGOONSERVICE LOCATION 7SERVICE LOCATION 6VICINITY MAPEXHIBIT 1.5: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICES8/10/2018 10:22:08 AM MACADAMIA DRAVENIDA ENCINASWATERS ENDDR98NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)PALOMAR AIRPORTRD.CO L L E G EAVIARALAC O S T A AVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONSERVICE LOCATION 9EXHIBIT 1.6: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESSERVICE LOCATION 8VICINITY MAP8/10/2018 10:22:18 AM AVENIDAENCINAS10NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)SERVICE LOCATION 10EXHIBIT 1.7: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMARAIRPORTRD.CO L L E G EAVIARALACO S T A AVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONVICINITY MAP8/10/2018 10:22:28 AM AVENIDA ENCINAS 11 NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)SERVICELOCATION 11EXHIBIT 1.8: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMARAIRPORTRD.CO L L E G EAVIARALACO S T A AVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONVICINITY MAP8/10/2018 10:22:39 AM AVIARA PKWYMIMOSA DR SUGARPINERDFERNPLMANZANITA STCOLUMBINE DRAVIARA PKWYMIMOSA DR13 NO.PARCEL BOUNDARYSEAPORT VILLAS HOAEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOREALPALOMARAI R P O R T RD.COLLEGEPO IN S E T T I A LN.AL G ARD.AVIARALACOSTAAVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONSERVICELOCATION 13EXHIBIT 1.10: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESVICINITY MAP8/10/2018 10:22:49 AM COLLEGE BLVDFARADAY AVE 15NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER PRESSURIZED MAINEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOREALPALOMARAI R P O R TRD. CA N N O N RD . CO L L E G E PO I N S E T T I ALN.FARADAYAVE.T A M A R A C K AVE.COLLEGEBL.INTERSTATE 5AGUAHEDIONDALAGOONSERVICELOCATION 15EXHIBIT 1.11: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESVICINITY MAP8/10/2018 10:22:58 AM COLLEGE BLVDTHE CROSSINGSAT CARLSBADGOLF COURSETHE CROSSINGSAT CARLSBADGOLF COURSECOLLEGE BLVD1716NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOREALPALOMARAI R P O R TRD. CANN O N RD . CO L L E G E P O I N S E T T I A LN .AVIARAFARADAYINTERSTATE 5AGUAHEDIONDALAGOONSERVICELOCATION 17EXHIBIT 1.12: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPKWYSERVICELOCATION 16VICINITY MAP8/10/2018 10:23:08 AM E L C A M I N O R E A L TOBRIATER CI N N A B A R WA Y 18 1616 NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOREALPALOMARAI R P O R T RD.CO L L E G E P O I N S E T T I A LN.ALGARD.AVIARAMELROSEDR.FARADAYA V E .PKWY.SERVICELOCATION 18EXHIBIT 1.13: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESVICINITY MAP8/10/2018 10:23:18 AM FARADAY AVEEL CAMINO REAL19 NO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)ELCAMINOREALPALOMARAI R P O R T RD.CA N N O N RD . CO L L E G E P O I N S E T T I ALN.ALGARD.AVIARAFARADAYA V E .INTERSTATE 5PKWY.AGUAHEDIONDALAGOONSERVICELOCATION 19EXHIBIT 1.14: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESVICINITY MAP8/10/2018 10:23:34 AM POINSETT IA LN BATIQUITOS DR ALYSSUM RDNUTMEG WAYSAGE CT22 NO.PARCEL BOUNDARYLAS PLAYAS HOAEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)EXHIBIT 1.17: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMARAI R P O R T RD.CANNONRD . CO L L E G EAVIARAFARADAYINTERSTATE 5PKWY.AGUAHEDIONDALAGOONSERVICELOCATION 22VICINITY MAP8/10/2018 10:23:43 AM CAMINO DE LAS ONDASGOLD FLOWERRDBATIQUITOS DR BRIARWOOD DR MAPLE LEAF DR 2324NO.PARCEL BOUNDARYLAS PLAYAS HOAEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)EXHIBIT 1.18: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMARAI R P O R T RD.CANNONRD . CO L L E G EAVIARAFARADAYINTERSTATE 5PKWY.AGUAHEDIONDALAGOONBATIQUITOS LAGOONSERVICELOCATION 23VICINITY MAPSERVICELOCATION 248/10/2018 10:23:54 AM CAMINO DE LAS ONDASHARBOR POINT RD CAMINO DELPRADOSKYSAIL AVECAMINO D E L PRADO2625 NO.PARCEL BOUNDARYALTAMIRA HOAEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)EXHIBIT 1.19: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMAR AIRPORTRD.CO L L E G EAVIARALACO S T A AVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONVICINITY MAPSERVICELOCATION 26SERVICELOCATION 258/10/2018 10:24:04 AM 27WINDROSE CIRCLE MAGELLENSTNAVIGATORCIRCLECAPSTAN DRNO.PARCEL BOUNDARYEXISTING POTABLE WATER MAINEXISTING POTABLE WATER LATERALEXISTING RECLAIMED WATER MAINEXISTING RECLAIMED WATER LATERALEXISTING WASTEWATER PRESSURIZED MAINEXISTING WASTEWATER GRAVITY MAINEXISTING WASTEWATER LATERALEXISTING STORM DRAININSTALL RECLAIMED WATER SERVICEPER CMWD STANDARDS(SIZED PER TABLE 1: NEW RW SERVICE LIST)EXHIBIT 1.20: LOCATION MAPCONTRACT NO. 5205-BRECYCLED WATER PHASE IIIINSTALLATION OF NEW RECYCLED WATER SERVICESPALOMAR AIRPORTRD.CO L L E G EAVIARALACO S T A AVE.INTERSTATE 5PKWY.BATIQUITOS LAGOONVICINITY MAPSERVICELOCATION 278/10/2018 10:24:14 AM ,, •+;' Revised 6/12/18 APPENDIX B: DETAILS AND CMWD STANDARD DRAWINGS Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) THE FOLLOWING DETAILS AND CMWD STANDARD DRAWINGS ARE INCLUDED IN THIS APPENDIX FOR CONVENIENCE OR REFERENCE. THIS LIST IS NOT INTENDED TO BE ALL INCLUSIVE OF REQUIRED STANDARDS. DETAILS DETAIL/DWG. NO. DRAWING NAME SDRSD M-15 JOINT UTILITY TRENCH LOCATIONS CMWD STANDARD DRAWINGS DWG. NO. DRAWING NAME GS-6 LOCATIONS OF UNDERGROUND UTILITIES GS-6A LOCATIONS OF UNDERGROUND UTILITIES GS-24 NARROW TRENCH BACKFILL & ASPHALT CONCRETE RESURFACING GS-28 NOTES FOR ASPHALT CONCRETE TRENCH RESURFACING GS-29 EXPLORATORY UTILITY POTHOLE BACKFILL & RESURFACING (FOR DIAMETERS LESS THAN OR EQUAL TO 8") W-2 TYPICAL TRENCH SECTION W-3 1" WATER SERVICE CONNECTION FOR 5/8", 3/4" & 1" METERS W-4 2" WATER SERVICE CONNECTION FOR 1-1/2" & 2" METERS W-8 OUTLETS ON A.C. OR P.V.C. MAIN FOR 1" THRU 2" ASSEMBLIES W-9 OUTLETS ON 0.1. OR STEEL MAIN FOR 1" THRU 2" ASSEMBLIES W-24 PROTECTION POST ., f.+; Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) Property Side Property Side Property Side ~1 u u u li . I O· . Mf,; _L_ -t 'h lYPE A lYPE B lYPE C lYPE D Property Side Property Side Property Side Legend Minimum Cover TYPE E NOTES . .., lYPE F lYPE G SERVICE TRENCH ON PUBUC PROPERTY 1. All dimensions are typical unless otherwise noted. GM GS p s ES ME SL u Gas Main Gas Service Primarv Electric Secondarv Electric Electric Service Multiple Electric (P, S or ES in Spacers) Concrete Encased Street Light ( not series) CATV TELCO 2. Generally utilities are to be installed under the applicable specifications for the particular utility and the specifications of the owner Agency. 3. The location of utilities as shown by the Standard Drawing shall in no way violate existing codes or regulations applicable to individual utilities. 4. Installation of sewer and/or water utilities are not permitted in the joint trenches shown above. 5. Minimum depth of gas pipe may, subject to gas company inspectors approval, be reduced to 24" where necessary to clear structure crossings. 6. Depth and width of trench varies. 7. CATV main or trunk line conduit required along all streets, except cul-de-sac streets less than 1,000' in length which may be served by feeder lines only. 8. CATV 1-1 /2" feeder conduit shall run across streets with each power service line and capped at edge of sidewalk. 9. All CATV terminals and conduits shall be terminated at generally accepted locations and marked. A map shall be filed with the appropriate agency showing the locations of the CATV system. 10. In no case shall CATV conduits be placed within 12" of gas lines, also conduits are not to be placed directly over gas lines. 11. Catv conduit may be placed with the TELCO conduit provided the TELCO minimum depth is held. 30• 30• 42" 30" 30• 24" 30" 24" 24• Revision Dote 2/11 SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE TEXT REVISED 9 15 JOINT TRENCH LOCATIONS DRA'MNG NUMBER 1.z/17/2015 Date M-15 APPENDIX C: GUIDELINES FOR MEETING DAVIS BACON REQUIREMENTS ., \i+r Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) DAVIS BACON REQUIREMENTS 1 Updated: 3 / 2016 The Recipient shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section 5. Requirements under the Consolidated Appropriations Act, 2014 (P.L. 113-76) For Recipients That Are Governmental Entities: If a Recipient has questions regarding when Davis Bacon (DB) applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State Water Board. The Recipient may also obtain additional guidance from DOL’s web site at http://www.dol.gov/whd/ 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2014 Consolidated Appropriation Act, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If the Recipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the Recipient must discuss the situation with the State Water Board State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Recipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Recipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The Recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the Recipients may request a finding from the State Water Board that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State Water Board will provide a report of its findings to the Recipient. (ii) If the Recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State Water Board, at the request of the Recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the Recipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the Recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. DAVIS BACON REQUIREMENTS 2 Updated: 3 / 2016 (c) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a Recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the Recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the Recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The Recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the Recipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal Agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2014 Consolidated Appropriations Act, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b) (2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a) (1) (iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Recipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. DAVIS BACON REQUIREMENTS 3 Updated: 3 / 2016 (ii)(A) The Recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the Recipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Recipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. DAVIS BACON REQUIREMENTS 4 Updated: 3 / 2016 (2) Withholding. The Recipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Recipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the Recipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient(s) for transmission to the State or EPA DAVIS BACON REQUIREMENTS 5 Updated: 3 / 2016 if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Recipient(s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a) (3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary DAVIS BACON REQUIREMENTS 6 Updated: 3 / 2016 employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. DAVIS BACON REQUIREMENTS 7 Updated: 3 / 2016 (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The Recipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such DAVIS BACON REQUIREMENTS 8 Updated: 3 / 2016 laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Recipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the USEPA, the Department of Labor, and the State Water Board, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The Recipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. DAVIS BACON REQUIREMENTS 9 Updated: 3 / 2016 (b) The Recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Recipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Recipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The Recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the Recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract . Recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the Recipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The Recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/contacts/whd/america2.htm. APPENDIX D: GUIDELINES FOR MEETING CLEAN WATER AND DRINKING WATER STATE REVOLVING FUNDS DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ., f.., Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) California State Water Resources Control Board Division of Financial Assistance 1001 I Street • Sacramento, California 95814 • (916) 341-5700 FAX (916) 341-5707 Mailing Address: P. O. Box 944212 • Sacramento, California • 94244-2120 Internet Address: http://www.waterboards.ca.gov Revised 12/2016 Guidelines for Meeting the California State Revolving Fund (CASRF) Programs (Clean Water and Drinking Water SRF) Disadvantaged Business Enterprise Requirements The Disadvantaged Business Enterprise (DBE) Program is an outreach, education, and objectives program designed to increase the participation of DBEs in the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) Programs. How to Achieve the Purpose of the Program Recipients of CWSRF/DWSRF financing that are subject to the DBE requirements (recipients) are required to seek, and are encouraged to use, DBEs for their procurement needs. Recipients should award a "fair share" of sub-agreements to DBEs. This applies to all sub-agreements for equipment, supplies, construction, and services. The key functional components of the DBE Program are as follows: • Fair Share Objectives • DBE Certification • Six Good Faith Efforts • Contract Administration Requirements • DBE Reporting Disadvantaged Business Enterprises are: • Entities owned and/or controlled by socially and economically disadvantaged individuals as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note) (10% statute), and Public Law 102-389 (42 U.S.C. 4370d) (8% statute), respectively; • Minority Business Enterprise (MBE) - entities that are at least 51% owned and/or controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note), and Public Law 102-389 (42 U.S.C. 4370d), respectively; • Women Business Enterprise (WBE) - entities that are at least 51% owned and/or controlled by women; • Small Business Enterprise (SBE); • Small Business in a Rural Area (SBRA); • Labor Surplus Area Firm (LSAF); or • Historically Underutilized Business (HUB) Zone Small Business Concern or a concern under a successor program. Certifying DBE Firms: Under the DBE Program, entities can no longer self-certify and contractors and sub-contractors must be certified at bid opening. Contractors and sub-contractors must provide to the CASRF recipient proof of DBE certification. Certifications will be accepted from the following: • The U.S. Environmental Protection Agency (USEPA) • The Small Business Administration(SBA) • The Department of Transportation’s State implemented DBE Certification Program (with U.S. citizenship) • Tribal, State and Local governments • Independent private organization certifications If an entity holds one of these certifications, it is considered acceptable for establishing status under the DBE Program. Revised 12/2016 Six Good Faith Efforts (GFE) All CWSRF/DWSRF financing recipients are required to complete and ensure that the prime contractor complies with the GFE below to ensure that DBEs have the opportunity to compete for financial assistance dollars. 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practical through outreach and recruitment activities. For Tribal, State and Local Government Recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs. Posting solicitations for bids or proposals for a minimum of 30 calendar days in a local newspaper, before the bid opening date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. 4. Encourage contracting with a group of DBEs when a contract is too large for one firm to handle individually. 5. Use the services of the SBA and/or Minority Business Development Agency (MBDA) of the US Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. The forms listed in the table below and attached to these guidelines; must be completed and submitted with the GFE: FORM NUMBER FORM NAME REQUIREMENT PROVIDED BY COMPLETED BY SUBMITTED TO SWRCB Form 4500-2 or EPA Form DBE Sub-Contractor Participation Form As Needed to Report Issues Recipient Sub- contractor EPA DBE Coordinator SWRCB Form 4500-3 or EPA Form DBE Sub-Contractor Performance Form Include with Bid or Proposal Package Prime Contractor Sub- Contractor SWRCB by Recipient SWRCB Form 4500-4 or EPA Form DBE Sub-Contractor Utilization Form Include with Bid or Proposal Package Recipient Prime Contractor SWRCB by Recipient The completed forms must be submitted with each Bid or Proposal. The recipient shall review the bidder’s documents closely to determine that the GFE was performed prior to bid or proposal opening date. Failure to complete the GFE and to substantiate completion of the GFE before the bid opening date could jeopardize CWSRF/DWSRF financing for the project. The following situations and circumstances require action as indicated: 1. If the apparent successful low bidder was rejected, a complete explanation must be provided. 2. Failure of the apparent low bidder to perform the GFE prior to bid opening constitutes a non- responsive bid. The construction contract may then be awarded to the next low, responsive, and responsible bidder that meets the requirements or the Recipient may re-advertise the project. 3. If there is a bid dispute, all disputes shall be settled prior to submission of the Final Budget Approval Form. Administration Requirements • A recipient of CWSRF/DWSRF financing must require entities receiving funds to create and maintain a Bidders List if the recipient of the financing agreement is subject to, or chooses to follow, competitive bidding requirements. • The Bidders list must include all firms that bid or quote on prime contracts, or bid or quote on subcontracts, including both DBEs and non-DBEs. Revised 12/2016 • Information retained on the Bidder’s List must include the following: 1. Entity’s name with point of contact; 2. Entity’s mailing address and telephone number; 3. The project description on which the entity bid or quoted and when; 4. Amount of bid/quote; and 5. Entity’s status as a DBE or non-DBE. • The Bidders List must be kept until the recipient is no longer receiving funding under the agreement. • The recipient shall include Bidders List as part of the Final Budget Approval Form. • A recipient must require its prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the Recipient. • A recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor by the prime contractor. • If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six GFEs if soliciting a replacement subcontractor. • A recipient must require its prime contractor to employ the six GFEs even if the prime contractor has achieved its fair share objectives. Reporting Requirements For the duration of the construction contract(s), the recipient is required to submit to the State Water Resources Control Board DBE reports annually by October 10 of each fiscal year on the attached Utilization Report form (UR-334). Failure to provide this information as stipulated in the financial agreement language may be cause for withholding disbursements. CONTACT FOR MORE INFORMATION SWRCB, CASRF – Barbara August (916) 341-6952 barbara.august@waterboards.ca.gov US EPA, Region 9 – Joe Ochab (415) 972-3761 ochab.joe@epa.gov Revised 12/2016 This page intentionally left blank. Revised 12/2016 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form A Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. This form gives a DBE1 subcontractor2 the opportunity to describe work received and/or report any concerns regarding the funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the DBE Coordinator at any time during the project period of performance. Subcontractor Name Project Name Bid / Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity Contract Item Number Description of Work Received from the Prime Contractor Involving Construction, Services, Equipment or Supplies Amount Received by Prime Contractor 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.2015 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an award of financial assistance. FORM 4500-2 (DBE Subcontractor Participation Form) Revised 12/2016 Please use the space below to report any concerns regarding the above funded project: Subcontractor Signature Print Name Title Date FORM 4500-2 (DBE Subcontractor Participation Form) The public reporting and record keeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Do not send the completed form to this address. Send completed Form 4500-2 to: Mr. Joe Ochab, DBE Coordinator US EPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 Revised 12/2016 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form This form is intended to capture the DBE1 subcontractor’s2 description of work to be performed and the price of the work submitted to the prime contractor. A Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractor’s bid or proposal package. Subcontractor Name Project Name Bid / Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity Contract Item Number Description of Work Submitted from the Prime Contractor Involving Construction, Services, Equipment or Supplies Price of Work Submitted to the Prime Contractor DBE Certified By: ___ DOT ___ SBA ___ Other: _______________________________________ Meets/exceeds EPA certification standards? ___ YES ___ NO ___ Unknown 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.2015 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an award of financial assistance. FORM 4500-3 (DBE Subcontractor Performance Form) Revised 12/2016 I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date Subcontractor Signature Print Name Title Date FORM 4500-3 (DBE Subcontractor Performance Form) The public reporting and record keeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Do not send the completed form to this address. Revised 12/2016 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1 subcontractor’s2 and the estimated dollar amount of each subcontract. A Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name Project Name Bid / Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Issuing/Funding Entity I have identified potential DBE certified subcontractors. ___ YES ___ NO If yes, please complete the table below. If no, please explain: Subcontractor Name/ Company Name Company Address / Phone / Email Estimated Dollar Amount Currently DBE Certified? --Continue on back if needed-- 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.2015 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an award of financial assistance. FORM 4500-4 (DBE Subcontractor Utilization Form) Revised 12/2016 I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date FORM 4500-4 (DBE Subcontractor Utilization Form) The public reporting and record keeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Do not send the completed form to this address. Revised 12/2016 STATE WATER RESOURCES CONTROL BOARD – DIVISION OF FINANCIAL ASSISTANCE DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION CALIFORNIA STATE REVOLVING FUNDS (CASRF) FORM UR-334 1. Grant/Finance Agreement Number: 2. Annual Reporting Period 10/1/ through 09/30/ 3. Purchase Period of Financing Agreement: 4. Total Payments Paid to Prime Contractor or Sub-Contractors During Current Reporting Period: $ 5. Recipient’s Name and Address: 6. Recipient’s Contact Person and Phone Number: 7. List All DBE Payments Paid by Recipient or Prime Contractor During Current Reporting Period: Payment or Purchase Paid by Recipient or Prime Contractor Amount Paid to Any DBE Contractor or Sub-Contractor For Service Provided to Recipient Date of Payment (MM/DD/YY) Procurement Type Code** (see below) Name and Address of DBE Contractor of Sub-Contractor or Vendor MBE WBE 8. Initial here if no DBE contractors or sub-contractors paid during current reporting period: 9. Initial here if all procurements for this contract are completed: 10. Comments: 11. Signature and Title of Recipient’s Authorized Representative 12. Date Email Form UR-334 to: DrinkingWaterSRF@waterboards.ca.gov OR CleanWaterSRF@waterboards.ca.gov Questions may be directed to: Barbara August, SWRCB Barbara.August@waterboards.ca.gov Phone: (916) 341-6952 Fax: (916) 327-7469 **Procurement Type: 1. Construction 2. Supplies 3. Services (includes business services; professional services; repair services and personnel services) 4. Equipment Revised 12/2016 STATE WATER RESOURCES CONTROL BOARD - DIVISION OF FINANCIAL ASSISTANCE DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION CALIFORNIA STATE REVOLVING FUNDS INSTRUCTIONS FOR COMPLETING FORM UR-334 Box 1 Grant or Financing Agreement Number. Box 2 Annual reporting period. Box 3 Enter the dates between which you made procurements under this financing agreement or grant. Box 4 Enter the total amount of payments paid to the contractor or sub-contractors during this reporting period. Box 5 Enter Recipient’s Name and Address. Box 6 Enter Recipient’s Contact Name and Phone Number. Box 7 Enter details for the DBE purchases only and be sure to limit them to the current period. 1) Use either an “R” or a “C” to represent “Recipient” or “Contractor.” 2) Enter a dollar total for DBE and total the two columns at the bottom of the section. 3) Provide the payment date. 4) Enter a product type choice from those at the bottom of the page. 5) List the vendor name and address in the right-hand column Box 8 Initial here if no DBE contractors or sub-contractors were paid during this reporting period. Box 9 Initial this box only if all purchases under this financing agreement or grant have been completed during this reporting period or a previous period. If you initial this box, we will no longer send you a survey. Box 10 This box is for explanatory information or questions. Box 11 Provide an authorized representative signature. Box 12 Enter the date form completed. APPENDIX E: GUIDELINES FOR MEETING AMERICAN IRON AND STEEL REQUIREMENTS ,, •+' Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) AMERICAN IRON AND STEEL REQUIREMENTS By submitting a sealed bid, the Contractor acknowledges to and for the benefit of the Carlsbad Municipal Water District (“Purchaser”) and the State of California Clean Water State Revolving Fund (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. SAMPLE AMERICAN IRON AND STEEL CERTIFICATION The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (XXXXXXXXXX) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA’s State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: _____________ If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 2 Implementation The Act states: Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ‘‘iron and steel products’’ means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the ‘‘Administrator’’) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out 3 the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of the enactment of this Act. The following questions and answers provide guidance for implementing and complying with the AIS requirements: Project Coverage 1) What classes of projects are covered by the AIS requirement? All treatment works projects funded by a CWSRF assistance agreement, and all public water system projects funded by a DWSRF assistance agreement, from the date of enactment through the end of Federal Fiscal Year 2014, are covered. The AIS requirements apply to the entirety of the project, no matter when construction begins or ends. Additionally, the AIS requirements apply to all parts of the project, no matter the source of funding. 2) Does the AIS requirement apply to nonpoint source projects or national estuary projects? No. Congress did not include an AIS requirement for nonpoint source and national estuary projects unless the project can also be classified as a ‘treatment works’ as defined by section 212 of the Clean Water Act. 3) Are any projects for the construction, alteration, maintenance, or repair of a public water system or treatment works excluded from the AIS requirement? Any project, whether a treatment works project or a public water system project, for which engineering plans and specifications were approved by the responsible state agency prior to January 17, 2014, is excluded from the AIS requirements. 4) What if the project does not have approved engineering plans and specifications but has signed an assistance agreement with a CWSRF or DWSRF program prior to January 17, 2014? The AIS requirements do not apply to any project for which an assistance agreement was signed prior to January 17, 2014. 4 5) What if the project does not have approved engineering plans and specifications, but bids were advertised prior to January 17, 2014 and an assistance agreement was signed after January 17, 2014? If the project does not require approved engineering plans and specifications, the bid advertisement date will count in lieu of the approval date for purposes of the exemption in section 436(f). 6) What if the assistance agreement that was signed prior to January 17, 2014, only funded a part of the overall project, where the remainder of the project will be funded later with another SRF loan? If the original assistance agreement funded any construction of the project, the date of the original assistance agreement counts for purposes of the exemption. If the original assistance agreement was only for planning and design, the date of that assistance agreement will count for purposes of the exemption only if there is a written commitment or expectation on the part of the assistance recipient to fund the remainder of the project with SRF funds. 7) What if the assistance agreement that was signed prior to January 17, 2014, funded the first phase of a multi-phase project, where the remaining phases will be funded by SRF assistance in the future? In such a case, the phases of the project will be considered a single project if all construction necessary to complete the building or work, regardless of the number of contracts or assistance agreements involved, are closely related in purpose, time and place. However, there are many situations in which major construction activities are clearly undertaken in phases that are distinct in purpose, time, or place. In the case of distinct phases, projects with engineering plans and specifications approval or assistance agreements signed prior to January 17, 2014 would be excluded from AIS requirements while those approved/signed on January 17, 2014, or later would be covered by the AIS requirements. 8) What if a project has split funding from a non-SRF source? Many States intend to fund projects with “split” funding, from the SRF program and from State or other programs. Based on the Act language in section 436, which requires that American iron and steel products be used in any project for the construction, alteration, maintenance, or repair of a public water system or treatment works receiving SRF funding between and including January 17, 2014 and September 30, 2014, any project that is funded in whole or in part with such funds must comply with the AIS requirement. A “project” consists of all construction necessary to complete the building or work regardless of the number of contracts or assistance agreements involved so long as all contracts and assistance agreements awarded are closely related in purpose, time and place. This precludes the intentional splitting of SRF projects into separate and smaller contracts or assistance agreements to avoid AIS coverage on some portion of a larger 5 project, particularly where the activities are integrally and proximately related to the whole. However, there are many situations in which major construction activities are clearly undertaken in separate phases that are distinct in purpose, time, or place, in which case, separate contracts or assistance agreement for SRF and State or other funding would carry separate requirements. 9) What about refinancing? If a project began construction, financed from a non-SRF source, prior to January 17, 2014, but is refinanced through an SRF assistance agreement executed on or after January 17, 2014 and prior to October 1, 2014, AIS requirements will apply to all construction that occurs on or after January 17, 2014, through completion of construction, unless, as is likely, engineering plans and specifications were approved by a responsible state agency prior to January 17, 2014. There is no retroactive application of the AIS requirements where a refinancing occurs for a project that has completed construction prior to January 17, 2014. 10) Do the AIS requirements apply to any other EPA programs, besides the SRF program, such as the Tribal Set-aside grants or grants to the Territories and DC? No, the AIS requirement only applies to funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) Covered Iron and Steel Products 11) What is an iron or steel product? For purposes of the CWSRF and DWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the public water system or treatment works: Lined or unlined pipes or fittings; Manhole Covers; Municipal Castings (defined in more detail below); Hydrants; Tanks; Flanges; Pipe clamps and restraints; Valves; Structural steel (defined in more detail below); Reinforced precast concrete; and Construction materials (defined in more detail below). 6 12) What does the term ‘primarily iron or steel’ mean? ‘Primarily iron or steel’ places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs. 13) Can you provide an example of how to perform a cost determination? For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and the cost then would include the pouring and casting to create those components. The other material costs would include non-iron and steel internal workings of the fire hydrant (i.e., stem, coupling, valve, seals, etc). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States (US) provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed in a later question. 14) If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US? The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non-listed item can be sourced from outside the US. 15) What is the definition of steel? Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, alloy steel, stainless steel, tool steel and other specialty steels. 16) What does ‘produced in the United States’ mean? Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the 7 material(s), if any, being applied as a coating are similarly not covered. Non-iron or steel components of an iron and steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-iron and steel components do not have to be of domestic origin. 17) Are the raw materials used in the production of iron or steel required to come from US sources? No. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-US sources. 18) If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US? No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel. 19) What is the definition of ‘municipal castings’? Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: Access Hatches; Ballast Screen; Benches (Iron or Steel); Bollards; Cast Bases; Cast Iron Hinged Hatches, Square and Rectangular; Cast Iron Riser Rings; Catch Basin Inlet; Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards; Curb Openings; Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and Curb Inlets; Inlets; Junction Boxes; Lampposts; Manhole Covers, Rings and Frames, Risers; 8 Meter Boxes; Service Boxes; Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash receptacles; Tree Grates; Tree Guards; Trench Grates; and Valve Boxes, Covers and Risers. 20) What is ‘structural steel’? Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. 21) What is a ‘construction material’ for purposes of the AIS requirement? Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens. 22) What is not considered a ‘construction material’ for purposes of the AIS requirement? Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and 9 data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment. 23) If the iron or steel is produced in the US, may other steps in the manufacturing process take place outside of the US, such as assembly? No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. 24) What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete? While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing bar and wire must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered to be a construction material and must be produced in the US. Compliance 25) How should an assistance recipient document compliance with the AIS requirement? In order to ensure compliance with the AIS requirement, specific AIS contract language must be included in each contract, starting with the assistance agreement, all the way down to the purchase agreements. Sample language for assistance agreements and contracts can be found in Appendix 3 and 4. EPA recommends the use of a step certification process, similar to one used by the Federal Highway Administration. The step certification process is a method to ensure that producers adhere to the AIS requirement and assistance recipients can verify that products comply with the AIS requirement. The process also establishes accountability and better enables States to take enforcement actions against violators. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. A step certification is a process under which each handler (supplier, fabricator, manufacturer, 10 processor, etc) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. A certification can be quite simple. Typically, it includes the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. Attached, as Appendix 5, are sample certifications. These certifications should be collected and maintained by assistance recipients. Alternatively, the final manufacturer that delivers the iron or steel product to the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the US. While this type of certification may be acceptable, it may not provide the same degree of assurance. Additional documentation may be needed if the certification is lacking important information. Step certification is the best practice. 26) How should a State ensure assistance recipients are complying with the AIS requirement? In order to ensure compliance with the AIS requirement, States SRF programs must include specific AIS contract language in the assistance agreement. Sample language for assistance agreements can be found in Appendix 3. States should also, as a best practice, conduct site visits of projects during construction and review documentation demonstrating proof of compliance which the assistance recipient has gathered. 27) What happens if a State or EPA finds a non-compliant iron and/or steel product permanently incorporated in the project? If a potentially non-compliant product is identified, the State should notify the assistance recipient of the apparent unauthorized use of the non-domestic component, including a proposed corrective action, and should be given the opportunity to reply. If unauthorized use is confirmed, the State can take one or more of the following actions: request a waiver where appropriate; require the removal of the non-domestic item; or withhold payment for all or part of the project. Only EPA can issue waivers to authorize the use of a non-domestic item. EPA may use remedies available to it under the Clean Water Act, the Safe Drinking Water Act, and 40 CFR part 31 grant regulations, in the event of a violation of a grant term and condition. It is recommended that the State work collaboratively with EPA to determine the appropriate corrective action, especially in cases where the State is the one who identifies the item in noncompliance or there is a disagreement with the assistance recipient. If fraud, waste, abuse, or any violation of the law is suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1- 11 888-546-8740 or OIG_Hotline@epa.gov. More information can be found at this website: http://www.epa.gov/oig/hotline.htm. 28) How do international trade agreements affect the implementation of the AIS requirements? The AIS provision applies in a manner consistent with United States obligations under international agreements. Typically, these obligations only apply to direct procurement by the entities that are signatories to such agreements. In general, SRF assistance recipients are not signatories to such agreements, so these agreements have no impact on this AIS provision. In the few instances where such an agreement applies to a municipality, that municipality is under the obligation to determine its applicability and requirements and document the actions taken to comply for the State. Waiver Process The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent. In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework described below will allow States, on behalf of the assistance recipients, to apply for waivers of the AIS requirement directly to EPA Headquarters. Only waiver requests received from states will be considered. Pursuant to the Act, EPA has the responsibility to make findings as to the issuance of waivers to the AIS requirements. Definitions The following terms are critical to the interpretation and implementation of the AIS requirements and apply to the process described in this memorandum: Reasonably Available Quantity: The quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design. Satisfactory Quality: The quality of iron or steel products, as specified in the project plans and designs. Assistance Recipient: A borrower or grantee that receives funding from a State CWSRF or DWSRF program. 12 Step-By-Step Waiver Process Application by Assistance Recipient Each local entity that receives SRF water infrastructure financial assistance is required by section 436 of the Act to use American made iron and steel products in the construction of its project. However, the recipient may request a waiver. Until a waiver is granted by EPA, the AIS requirement stands, except as noted above with respect to municipalities covered by international agreements. The waiver process begins with the SRF assistance recipient. In order to fulfill the AIS requirement, the assistance recipient must in good faith design the project (where applicable) and solicit bids for construction with American made iron and steel products. It is essential that the assistance recipient include the AIS terms in any request for proposals or solicitations for bids, and in all contracts (see Appendix 3 for sample construction contract language). The assistance recipient may receive a waiver at any point before, during, or after the bid process, if one or more of three conditions is met: 1. Applying the American Iron and Steel requirements of the Act would be inconsistent with the public interest; 2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Proper and sufficient documentation must be provided by the assistance recipient. A checklist detailing the types of information required for a waiver to be processed is attached as Appendix 1. Additionally, it is strongly encouraged that assistance recipients hold pre-bid conferences with potential bidders. A pre-bid conference can help to identify iron and steel products needed to complete the project as described in the plans and specifications that may not be available from domestic sources. It may also identify the need to seek a waiver prior to bid, and can help inform the recipient on compliance options. In order to apply for a project waiver, the assistance recipient should email the request in the form of a Word document (.doc) to the State SRF program. It is strongly recommended that the State designate a single person for all AIS communications. The State SRF designee will review the application for the waiver and determine whether the necessary information has been included. Once the waiver application is complete, the State designee will forward the application to either of two email addresses. For CWSRF waiver requests, please send the application to: cwsrfwaiver@epa.gov. For DWSRF waiver requests, please send the application to: dwsrfwaiver@epa.gov. 13 Evaluation by EPA After receiving an application for waiver of the AIS requirements, EPA Headquarters will publish the request on its website for 15 days and receive informal comment. EPA Headquarters will then use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver – that it is quantitatively and qualitatively sufficient – and to determine whether or not to grant the waiver. In the event that EPA finds that adequate documentation and justification has been submitted, the Administrator may grant a waiver to the assistance recipient. EPA will notify the State designee that a waiver request has been approved or denied as soon as such a decision has been made. Granting such a waiver is a three-step process: 1. Posting – After receiving an application for a waiver, EPA is required to publish the application and all material submitted with the application on EPA’s website for 15 days. During that period, the public will have the opportunity to review the request and provide informal comment to EPA. The website can be found at: http://water.epa.gov/grants_funding/aisrequirement.cfm 2. Evaluation – After receiving an application for waiver of the AIS requirements, EPA Headquarters will use the checklist in Appendix 2 to determine whether the application properly and adequately documents and justifies the statutory basis cited for the waiver – that it is quantitatively and qualitatively sufficient – and to determine whether or not to grant the waiver. 3. Signature of waiver approval by the Administrator or another agency official with delegated authority – As soon as the waiver is signed and dated, EPA will notify the State SRF program, and post the signed waiver on our website. The assistance recipient should keep a copy of the signed waiver in its project files. Public Interest Waivers EPA has the authority to issue public interest waivers. Evaluation of a public interest waiver request may be more complicated than that of other waiver requests so they may take more time than other waiver requests for a decision to be made. An example of a public interest waiver that might be issued could be for a community that has standardized on a particular type or manufacturer of a valve because of its performance to meet their specifications. Switching to an alternative valve may require staff to be trained on the new equipment and additional spare parts would need to be purchased and stocked, existing valves may need to be unnecessarily replaced, and portions of the system may need to be redesigned. Therefore, requiring the community to install an alternative valve would be inconsistent with public interest. EPA also has the authority to issue a public interest waiver that covers categories of products that might apply to all projects. 14 EPA reserves the right to issue national waivers that may apply to particular classes of assistance recipients, particular classes of projects, or particular categories of iron or steel products. EPA may develop national or (US geographic) regional categorical waivers through the identification of similar circumstances in the detailed justifications presented to EPA in a waiver request or requests. EPA may issue a national waiver based on policy decisions regarding the public’s interest or a determination that a particular item is not produced domestically in reasonably available quantities or of a sufficient quality. In such cases, EPA may determine it is necessary to issue a national waiver. If you have any questions concerning the contents of this memorandum, you may contact us, or have your staff contact Jordan Dorfman, Attorney-Advisor, State Revolving Fund Branch, Municipal Support Division, at dorfman.jordan@epa.gov or (202) 564-0614 or Kiri Anderer, Environmental Engineer, Infrastructure Branch, Drinking Water Protection Division, at anderer.kirsten@epa.gov or (202) 564-3134. Attachments Appendix 1: Information Checklist for Waiver Request The purpose of this checklist is to help ensure that all appropriate and necessary information is submitted to EPA. EPA recommends that States review this checklist carefully and provide all appropriate information to EPA. This checklist is for informational purposes only and does not need to be included as part of a waiver application. Items Notes General • Waiver request includes the following information: — Description of the foreign and domestic construction materials — Unit of measure — Quantity — Price — Time of delivery or availability — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials • Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime contractor Cost Waiver Requests • Waiver request includes the following information: — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the process for identifying suppliers and a list of contacted suppliers Availability Waiver Requests • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date for construction materials — Documentation of the assistance recipient’s efforts to find available domestic sources, such as a description of the process for identifying suppliers and a list of contacted suppliers. — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction materials • Waiver request includes a statement from the prime contractor and/or supplier confirming the non-availability of the domestic construction materials for which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request, for comparable projects? 16 Appendix 2: HQ Review Checklist for Waiver Request Instructions: To be completed by EPA. Review all waiver requests using the questions in the checklist, and mark the appropriate box as Yes, No or N/A. Marks that fall inside the shaded boxes may be grounds for denying the waiver. If none of your review markings fall into a shaded box, the waiver is eligible for approval if it indicates that one or more of the following conditions applies to the domestic product for which the waiver is sought: 1. The iron and/or steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. 2. The inclusion of iron and/or steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Review Items Yes No N/A Comments Cost Waiver Requests • Does the waiver request include the following information? — Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products — Relevant excerpts from the bid documents used by the contractors to complete the comparison — A sufficient number of bid documents or pricing information from domestic sources to constitute a reasonable survey of the market • Does the Total Domestic Project exceed the Total Foreign Project Cost by more than 25%? Availability Waiver Requests • Does the waiver request include supporting documentation sufficient to show the availability, quantity, and/or quality of the iron and/or steel product for which the waiver is requested? — Supplier information or other documentation indicating availability/delivery date for materials — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of materials • Does supporting documentation provide sufficient evidence that the contractors made a reasonable effort to locate domestic suppliers of materials, such as a description of the process for identifying suppliers and a list of contacted suppliers? • Based on the materials delivery/availability date indicated in the supporting documentation, will the materials be unavailable when they are needed according to the project schedule? (By item, list schedule date and domestic delivery quote date or other relevant information) • Is EPA aware of any other evidence indicating the non-availability of the materials for which the waiver is requested? Examples include: — Multiple waiver requests for the materials described in this waiver request, for comparable projects in the same State — Multiple waiver requests for the materials described in this waiver request, for comparable projects in other States — Correspondence with construction trade associations indicating the non-availability of the materials • Are the available domestic materials indicated in the bid documents of inadequate quality compared those required by the project plans, specifications, and/or permits? Appendix 3: Example Loan Agreement Language ALL ASSISTANCE AGREEMENT MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN SRF ASSISTANCE AGREEMENTS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE LAW: Comply with all federal requirements applicable to the Loan (including those imposed by the 2014 Appropriations Act and related SRF Policy Guidelines) which the Participant understands includes, among other, requirements that all of the iron and steel products used in the Project are to be produced in the United States (“American Iron and Steel Requirement”) unless (i) the Participant has requested and obtained a waiver from the Agency pertaining to the Project or (ii) the Finance Authority has otherwise advised the Participant in writing that the American Iron and Steel Requirement is not applicable to the Project. Comply with all record keeping and reporting requirements under the Clean Water Act/Safe Drinking Water Act, including any reports required by a Federal agency or the Finance Authority such as performance indicators of program deliverables, information on costs and project progress. The Participant understands that (i) each contract and subcontract related to the Project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the Clean Water Act/Safe Drinking Water Act and this Agreement may be a default hereunder that results in a repayment of the Loan in advance of the maturity of the Bonds and/or other remedial actions. 18 Appendix 4: Sample Construction Contract Language ALL CONTRACTS MUST HAVE A CLAUSE REQUIRING COMPLIANCE WITH THE AIS REQUIREMENT. THIS IS AN EXAMPLE OF WHAT COULD BE INCLUDED IN ALL CONTRACTS IN PROJECTS THAT USE SRF FUNDS. EPA MAKES NO CLAIMS REGARDING THE LEGALITY OF THIS CLAUSE WITH RESPECT TO STATE OR LOCAL LAW: The Contractor acknowledges to and for the benefit of the City of _____ (“Purchaser”) and the _____________ (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. 19 Appendix 5: Sample Certifications The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (XXXXXXXXXX) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA’s State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: _____________ If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative 20 The following information is provided as a sample letter of certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Certification for Project (XXXXXXXXXX) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the American Iron and Steel requirement as mandated in EPA’s State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: _____________ If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative APPENDIX F: GUIDELINES FOR MEETING CLEAN WATER AND DRINKING WATER STATE REVOLVING FUNDS AND PROPOSITION 84 CONSTRUCTION SIGNAGE REQUIREMENTS ., \i+; Revised 6/12/18 Contract No. PWS18-461 UTIL (CIP Project No. 5205-B) 5205-B Contract Documents Appendix D Page 1 of 2 Project Sign Contractor shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and shall maintain the sign in good condition for the duration of the construction period. The sign shall include the following color logos (available from the Division) and the following disclosure statement: Each sign is to be displayed at a prominent location designated by the Agency. The signs may need to be moved occasionally to a new location when required by the Agency. The Contractor is responsible for the setup, maintenance and moving of the signs. The Contractor shall provide two mounting frames and support “legs” for the signs. The frames and supports shall be prepared in a professional manner, properly finished and painted white. They shall be of sturdy design to withstand wind, vandalism and other disturbing forces. The Contractor shall develop a support system that allows the signs to be moved to a new location. Contractor shall submit for Engineer’s approval prior to construction and installing the signs. The agency logos can be found at: http://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/srf_templates.shtml RECYCLED WATER PHASE III INSTALLATION OF NEW RECYCLED WATER SERVICES CITY PROJECT NO. 5205-B Funding for this project has been provided in full or in part by the Clean Water State Revolving Fund and Proposition 1 – the Water Quality, Supply and Infrastructure Improvement Act of 2014 through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. This project has also been financed in part by Proposition 84 under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, administered by the State of California, Department of Water Resources. 5205-B Contract Documents Appendix D Page 2 of 2 The Project sign may include another agency's required promotional information so long as the above logos and disclosure statement are equally prominent on the sign. The sign shall be prepared in a professional manner. The Recipient shall include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: “Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board or the United States Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. (Gov. Code § 7550, 40 CFR § 31.20.)” ,, •+;' Revised 6/12/18 APPENDIX G: SWPPP TEMPLATE FOR TIER I CONSTRUCTION Contract No. PWS18-461 UTIL (GIP Project No. 5205-B)