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HomeMy WebLinkAboutHPS Mechanical Inc; 2010-03-15; PWS10-18ENG Part 1 of 3CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NOS. 3951 & 5500 BID NO. PWS10-18ENG Revised 06/10/09 Contract Nos. 3951 & 5500 Page 1 of 129 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 7 Contractor's Proposal 11 Bid Security Form 20 Bidder's Bond to Accompany Proposal 21 Guide for Completing the "Designation Of Subcontractors" Form 23 Designation of Subcontractor and Amount of Subcontractor's Bid Items 25 Bidder's Statement of Technical Ability and Experience 26 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 27 Bidder's Statement Re Debarment 28 Bidder's Disclosure of Discipline Record 29 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 31 Contract Public Works 32 Labor and Materials Bond 38 Faithful Performance/Warranty Bond 40 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 42 oRevised 06/10/09 Contract Nos. 3951 & 5500 Page 2 of 129 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 45 1-2 Definitions 46 1-3 Abbreviations 50 1-4 Units of Measure 53 1-5 Symbols 54 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 55 2-2 Assignment 55 2-3 Subcontracts 55 2-4 Contract Bonds 56 2-5 Plans and Specifications -. 57 2-6 Workto be Done 61 2-7 Subsurface Data 61 2-8 Right-of-Way 61 2-9 Surveying 61 2-10 Authority of Board and Engineer 62 2-11 Inspection 63 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 64 3-2 Changes Initiated by the Agency 64 3-3 Extra Work 65 3-4 Changed Conditions 67 3-5 ' Disputed Work 69 Section 4 Control of Materials 4-1 Materials and Workmanship 71 4-2 Materials Transportation, Handling and Storage 75 Section 5 Utilities 5-1 Location 76 5-2 Protection 76 5-3 Removal 77 5-4 Relocation 77 5-5 Delays 78 5-6 Cooperation 78 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 78 6-2 Prosecution of Work 79 6-3 Suspension of Work 80 6-4 Default by Contractor 80 6-5 Termination of Contract 81 6-6 Delays and Extensions of Time 81 6-7 Time of Completion 82 6-8 Completion, Acceptance, and Warranty 82 6-9 Liquidated Damages 83 6-10 Use of Improvement During Construction 83 Revised 06/10/09 Contract Nos. 3951 & 5500 Page 3 of 129 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 83 7-2 Labor 84 7-3 Liability Insurance 84 7-4 Workers' Compensation Insurance 84 7-5 Permits 84 7-6 The Contractor's Representative 85 7-7 Cooperation and Collateral Work 85 7-8 Project Site Maintenance 85 7-9 Protection and Restoration of Existing Improvements 87 7-10 Public Convenience and Safety 88 7-11 Patent Fees or Royalties 94 7-12 Advertising 94 7-13 Laws to be Observed 94 7-14 Antitrust Claims 95 Section 8 Facilities for Agency Personnel 8-1 General 96 8-2 Field Office Facilities 96 8-3 Field Laboratories (Not used) 97 8-4 Bathhouse Facilities (Not used) 97 8-5 Removal of Facilities 97 8-6 Basis of Payment 97 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 97 9-2 Lump Sum Work 97 9-3 Payment 98 9-4 Bid Items 101 3Revised 06/10/09 Contract Nos. 3951 & 5500 Page 4 of 129 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Construction Materials Section 200 Rock Materials 200-1 Rock Products 102 200-2 Untreated Base Materials 103 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 104 Section 204 Lumber and Treatment with Preservatives 204-1 Lumber and Plywood 104 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 104 206-9 Portable Changeable Message Sign 107 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 108 Section 213 Engineering Fabrics 213-2 Geotextiles 111 213-3 Erosion Control Specialties 111 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 111 Section 215 Fencing 215-1 Environmental Fencing 112 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 114 300-2 Unclassified Excavation 114 300-3 Structure Excavation and Backfill 116 300-9 Geotextiles for Erosion Control and Water Pollution Control 117 300-13 Storm Water Pollution Prevention Plan 118 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures 120 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 121 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 121 306-5 Abandonment of Conduits and Structures 125 Section 310 Painting 310-5 Painting Various Surfaces 125 310-7 Permanent Signing 126 Revised 06/10/09 Contract Nos. 3951 & 5500 Page 5 of 129 Pages Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 Pavement Marker Placement and Removal Placement 126 Temporary Traffic Control Devices Temporary Traffic Pavement Markers ; 127 Temporary Traffic Signing 127 Temporary Railing (Type K) and Crash Cushions 128 Measurement and Payment 129 TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01580 Project Sign 01700 Restoration of Improvements 01726 Record Documents DIVISION 02 - SITE WORK 02050 Demolition & Removal 02200 Earthwork 02223 Trenching, Excavation, Backfilling, and Compacting (completed by City Engineering Stds.) DIVISION 03 - CONCRETE 03315 Grout 03460 Precast Concrete Manholes DIVISION 04-14 NOT USED DIVISION 15 - MECHANICAL 15045 Testing of Gravity Sewer Pipelines 15063 Polyvinyl Chloride (PVC) Gravity Sewer Pipe 15075 Horizontal Directional Drilling (HDD) 15150 High Density Polyethylene Pipe DIVISION 16-17 NOT USED APPENDIX Appendix A Pertinent City of Carlsbad Standard Drawings. Appendix B Geotechnical Report Appendix C Referenced Drawings Appendix D Project Sign Detail Appendix E Environmental/CEQA Documents & Permits .. Appendix F Right of Entry Agreements Appendix G Notification Sample Appendix H Sample Traffic Control Plan oRevised 06/10/09 Contract Nos. 3951 & 5500 Page 6 of 129 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 9, 2009, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: The project consist of the removal of the exiting La Golondrina and La Costa Meadow (LCM3) Lift Stations replacing them with gravity sewer pipelines. The La Golondrina LS abandonment requires installation 210 lineal feet of 8-inch SDR35 PVC pipe, and approximately 622 lineal feet of 10-inch DR9 HOPE using horizontal direction drilling (HDD) techniques and two new manholes. The LCM3 Lift Station abandonment requires installation of approximately 1,330 lineal feet of 8-inch SDR 35 PVC pipe, approximately 540 lineal feet of 10inch DR9 HOPE pipe using HDD techniques and seven new manholes. An additional 14 lineal feet of 8- inch SDR35 PVC pipe and a new manhole will be installed to convey Leucadia Wastewater District flows into the new gravity pipeline. The project includes the demolition and removal of both lift stations. LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 BID NO. PWS10-1 SENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard 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. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 7 of 130 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1,259,825.00. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: 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 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $45.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 8 of 130 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. Access to either lift station site may be arranged no later than one week prior to the bid opening date. Call Mark Biskup at (760) 602-2750 to schedule a site inspection. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. A•K Revised 06/10/09 Contract Nos. 3951 & 5500 Page 9 of 130 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover 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 City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2009-267, adopted on the 20™ day of October, 2009. October 26, 2009 Date Deputy City Clerk Am¥ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 10 of 130 Pages CITY OF CARLSBAD LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 CONTRACTOR'S PROPOSAL City Council | °PENED'WITNES** AND RECORDED: City of Carlsbad f / rV"P n 1200 Carlsbad Village Drive I /c^/q/ffG T\KiXff \ Carlsbad, California 92008 I DAYcT^— -* My«K' ° 1 { ATE SIGNATURE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3951 & 5500 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" La Golorudrina Sewer Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A1 Mobilization (including bonds, 1 LS $ 15.000.00 $ 15.000.00 insurance and permits) Fifteen thousand dollars (Price in Words) ^ * HMG°/0 . 0 AC Saw Cut, Removal, „ , Q $ iM UOO.^ $ M £.. r-» I i I LO \Replacement doiiais (Price in Words) Provide/Fuse/Test: 10" DR9 $<93i V^O..0^ $ A5l\^Q^ A 3. HDPE or 8" DR 14 FPVC pipe 1 LS (circle pipe material) _dcMx$ (Unit Price in Words) A „ HDPE or PVC Fittings, Specials, . , Q $ fSOO-^ $ 500-*'f\ T- , . | I L.OAnchors (Price in Words) Revised 06/10/09 Contract Nos. 3951 & 5500 Page 11 of 130 Pages Addendum No. 2 Item No. Description Horizontal Directional Drilling InstallationA 5. Approximate Quantity Unit Price And Unit (Figures) $ VV\ftnSn<Od A 6. (Price in Words) Connect 10" DR9 HOPE or FPVC pipe to ex. Manhole A 7. (Unit Price in Words 8" PVC Sewer Pipe Supply and Open Trench Installation A 8. (Unit Price in Words) Furnish and Install 5-ft Diameter Manholes (Unit Price in Words) A 9. Abandon Manhole A 10. (Unit Price in Words) Concrete Drain Removal/Replacement""" - y"\ i \ ' '" " x\ doiiflv^STOP nit Price ir A 11. (Unit Price in Words) Demolish La Golondrina Lift Station (Unit Price in Words) A 12. Traffic Control ,usand (Unit Price in Words) A13. Surveyin 1 . s FA 21Q ,F FA EA 1 . Q Mats1 _ .Six (Unit Price in Words) A 14. Testing and CCTV Inspection t\JOO ' ' 1 LS , 1 EA $_ $ \a.5oo 1 LS $ 1 LS $_ Revised 06/10/09 Contract Nos. 3951 & 5500 Addendum No. 2 Total Amount (Figures) $ io>DU)0Go s ia.iao.cb qio>llc s 3^50.°° Page 12 of 130 Pages Approximate Quantity And Unit . cLS Item No. Description (Unit Price in Words) A ,1C. Demobilization, Clean-up and Disposal Nine thousand dollars (Unit Price in Words) Total amount of bid in words for Schedule "A":_UKItl| \ n \f r\r\ \«..«,_ p"'.frf I *-% *•& «\A /i»/r^ "•*• "^^^w Unit Price (Figures) $ 9,000.00 Total amount of bid in numbers for Schedule "A": $ rj>Ovj. r)QQ • Item Na Description SCHEDULE "B" El Fuerte Sewer Extension Approximate Quantity Unit Price And Unit (Figures) B 1 B2 Mobilization (including bonds, insurance and permits) Twenty thousanc dollars (Unit Price in Words) AC Saw Cut, Removal, Replacement , .g $20.000.00 B 3. (Unit Price in Words) Provide/Fuse/Test: 10" DR9 HOPE or 8" DR14 FPVC (circle pipe material) O\(XXS 1 LS B 4 ' (Unit Price in Words) HOPE or PVC Fittings,,s $ ^00 R . (Price in Words) Horizontal Directional Drilling Installation 1 , q (Price WWords) Total Amount (Figures) $ 9.000.QO Total Amount (Figures) $ 20.000.00 $ 500°° $ \ 5M. Revised 06/10/09 Contract Nos. 3951 & 5500 Addendum No. 2 Page 13 of 130 Pages Approximate ••-. Item Quantity Unit Price Total Amount j No. Description And Unit (Figures) (Figures) R R 8" PVC Sewer Pipe Supply and 1 oon, P $ \)Q. $°- Open Trench Installation i.oouur (Unit Price in Words) P -, Furnish and Install 5-ft Diametei -, CAB '• Manhole- 7 EA (Unit Price in Words) B9. Replace 6'security fence . 80ft $_ (Unit Price in Words) 1.Q.™rraffic=ControL sp.X U (Unit Price in Words) Total amount of bid iawords for Schedule "E (Unit Price in Words) P a Connect 8" PVC pipe to ex. . CA $ 3^40.^ $__2a B' Manhole 1 tA ' (Price in Words) B11. Surveying , . 1 LS $ £,^£0 °C $„ (Price in Words) B12. Testing and CCTV Inspection 1 LS $ OAPUU-"" $ 73. (Unit Price in Words) Demobilization, Clean-up and ., , Q $ 15.000.00 $ 15.000.00 Disposal 1 L* Fifteen thousand dollars _ _ ooTotal amount of bid in numbers for Schedule "B": $ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 14 of 129 Pages SCHEDULE"C" La Costa Meadows LS Demolition Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) c 1 Mobilization (including bonds, 1 . s $ 2.000.00 $ 2,000.00 insurance and permits) Two thousand dollars (Unit Price in Words) C2 8" PVC Sewer Supply and 14 LF $ "H0 cL $_Jj 5i * dollars (Unit Price in Words) C3. 5^t Diameter Manhole , 1 EA $ (Unit Price in Words) (Unit Price in Words) C 5. Testinq and QCTV Inspection 1 LS $ SO .t"° (Unit Price in Words) C6. Survevino , 1 LS $ (Unit Price in Words) C4. Demolish LQM3 Pump StatppL, 1 LS $ Hi WOK $ 6OO - $ 5OO .°° n 7 Demobilization, Clean-up and d , 0 $ 1.500.00 $ 1.500.00C7' Disposal 1LS One thousand five hundred dollars (Unit Price in Words) lVlOO.S(A-YldTotal amount of bid inwords for Schedule,"C";ri77tl?Il(X Total amount of bid in numbers Jor Schedule "C": $ CA \i I ^ \- Revised 06/10/09 Contract Nos. 3951 & 5500 Page 15 of 129 Pages Total amount of bid in words including the sum of Schedules "A"; "B" and "" Total amount of bid in numbers including Schedules "A"; "B" and "C": $ \0 ?)Tj \ 10 M • " The basis of award will be the sum of Schedule "A"; "B" and "C". Price(s) given above are firm for 90 days after date of bid opening. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). \ tT. has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary 8 ,- bonds and insurance policies within twenty (20) days from the date of award of Contract by the City . g Council of the City of Carlsbad, the City may administratively authorize award of the contract to the % „ second or third lowest bidder and the bid security of the lowest bidder may be forfeited. . Q 08!"The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do ^ o business or act in the capacity of a contractor within the State of California, validly licensed under O <o license number 793014 classification * which expires on £} o March 31, 2011 , and that this statement is true and correct and has the legal effect of m- $ an affidavit. \«f'"> A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected'by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bidders Bond (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. " \ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 16 of 129 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 2 tnent of Consumer Affairs GOV Contractors State License Board Contractor's License Detail - License # 793014 US DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ";• CSLB complaint disclosure is restricted by law (B&P 7124,6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. :•> Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. ••» Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. * Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Certifications: Bonding: 793014 Extract Date: 12/09/2009 HPS MECHANICAL INC 3100 E BELLE TERRACE BAKERSFIELD, CA 93307 Business Phone Number: (661) 397-2121 Corporation 03/27/2001 03/31/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR C-4 BOILER, HOT WATER HEATING AND STEAM FITTING C16 FIRE PROTECTION CONTRACTOR C20 WARM-AIR HEATING. VENTILATING AND AIR-CONDITIONiNG C34 PIPELINE C36 PLUMBING C42 SANITATION SYSTEM C-2 INSULATION AND ACOUSTICAL C10 ELECTRICAL C43 SHEET METAL C46 SOLAR CERT DESCRIPTION HAZ HAZARDOUS SUBSTANCES REMOVAL CONTRACTOR'S BOND This license filed Contractor's Bond number 2122646 in the amount of $12,500 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1 • The Responsible Managing Officer (RMO) LESLIE EVERETT DEN HERDER certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 12/09/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 2 of 2 Effective Date: 04/06/2009 BQI's Bonding History This license has workers compensation insurance with the INSURANCE COMPANY OF THE STATE OF PA Policy Number: WC4800852 Workers' Compensation:Effective Date: 07/01/2009 Expire Date: 07/01/2010 Workers' CompensatiQnJjistgiy Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use | Privacy Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 12/09/2009 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conductec (2) Signature (given and surname) of pj#prietor (3) Place of Business City and State (4) Zip Code / Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business/ Citv and State (4) Zio Cffte (5) E-Mail . :••-.- (Street and Number) Telephone No. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 17 of 129 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted HPS Mechanical Inc (Signature President (Title) (3) Incorporated under the laws of the State of California (4) Place of Business 3100E Belle Terrace Impress Corporate Seal here City and State Bakersfield, CA (Street and Number) (5) Zip Code 93307 Telephone No. 661-397-2121 (6) E-Mail bids@hpsmechanical.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 06/1 0/09 Contract Nos. 3951 & 5500 Page 18 of 129 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Kern On 11/16/09 Dale before me, Kimberly McNe]IJi...A.Nptary Public personally appeared Leslie DenHerder Here Insert Name and Title of the Officer Name(s) o( Signer(s) KIMBERUMcNtlU 1COMM. #1857326 z Notary Public-California 5Kern County - 1 Comm. EiDtfesJut. 10,2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person ($ whose name(») is/a>e subscribed to the within instrument and acknowledged to me that he/sXe/tl>6y executed the same in his/Htfr/trXir authorized capacity(iSS), and that by his/l>er/ttiOir signature^ on the instrument the personQs), or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sigrjaturo of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _Signature_Ack^^ Document Date: 11-16-09 _ Number of Pages: _J Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): r Partner — D Limited [ 1 General C Attorney in Fact Li Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual LJ Corporate Officer — Title(s): U Partner — LJ Limited (J General D Attorney in Fact n Trustee LJ Guardian or Conservator !_] Other: Signer Is Representing:, RIGHTTHUMBPRINT OF SIGNER Top of thumb hero ©2007 National Notary Association• 8350 Da Solo Ave.. RO Box 2402 • Chatsworth. CA 91313-2402 • www.NalionalNotary.org Horn K5907 Reorder: Call Toll-Free 1 -800-876-6827 -, List below names of president, vice president, secretary and assistant secretary, if a corporation; if a j partnership, list names of all general partners, and managing partners: Leslie DenHerder - President Susan DenHerder - Secretary/Treasurer Patrick Mize - Chief Financial Officer Revised 06/10/09 Contract Nos. 3951 & 5500 Page 19 of 129 Pages BID SECURITY FORM ^ (Check to Accompany Bid) ^ 7 LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ; ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 06/10/09 Contract Nos. 3951 & 5500 Page 20 of 129 Pages X). BIDDER'S BOND TO ACCOMPANY PROPOSAL LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 KNOW ALL PERSONS BY THESE PRESENTS: That we, HPS MECHANICAL, INC. as Princjpa|i gnd INSURANCE COMPANY OF THE WEST as Surety are held and firmly bound unto the City of Carlsbad. California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF BID AMOUNTfor ^^ 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: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become- null and void; otherwise, it shall be and remain in full force and=effect,JandJ.the,amount specified herein shall be forfeited to the said City-.—.,,:-=, ...^ ,.,,,,.„.-.,„ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 21 of 129 Pages 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. Executed by PRINCIPAL this 7™day of DECEMBER .,20 09 PRINCIPAL: HPS MECHANICAL, INC. (name of Principal) By:_ (sign (print name here) (Title end Organization of Signatory) (sign here) J (print name here) (title and organization of signatory) Executed by SURETY this 7TH day of DECEMBER , 20 09 . SURETY: INSURANCE COMPANY OF THE WEST (name of Surety) 155 E SHAW AVE #316 FRESNO, CA 93710 (address of Surety) 559-224-7778 (telephone number of Surety) JOHAI (printeomame of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 06/10/09 Contract Nos. 3951 & 5500 Page 22 of 129 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT XXXX^<^^^^^^«£?C^^ x See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No 1 Signature1 of Document Signer No. 2 (it any) State of California County of Kern Subscribed and sworn to (or-affirmed) before me on this 5th day of DaSc February (1)_ Month JDenHer^ Name ot Signer _, 20 10 , by Year KIMBERLY McNEILL COMM. #1857326 z Notary Public • California § Kern County My^Gomm. Expires JuUO, 2013 proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Susan DenHerder Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Signatye ol Notary Public Place Notary Seal Above OPTIONAL RIGHT THUMBPRINT-fe OF SIGNER #2>7s Further Description of Any Attached Document Title or Type of Document: J^ Jt ^ Document Date: 2-5-10 __ Number ol Pages: 1 Signer(s) Other Than Named Above: -„ ©2007 National Notary Association* 9350 DaSotoAve . P.O.Box 2-102 •Chatsworth.CA 91313-2402 -www NationalNotacy.org Hern 85910 Reorder: Call Toll-Free1-800-B76-682? Company Profile Page 1 of 2 Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process MARY E. CANNON, 11455 ELCAMINO REAL SAN DIEGO, CA 92130 Unable to Locate the Agent for Service of Process? Reference Information NAIC#; 27847 NAIC Group #: 0922 California Company ID #: 2071-9 Date authorized in California: May 17, 1972 License Status; UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=5809 12/09/2009 Company Profile Page 2 of 2 Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_coj)rof?p_EID=5809 12/09/2009 ' ' No. 0002880 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NANCY BORGMAN, WES BRADFORD, JOHANNAH GRIFFITH, NANCY E. SMITH their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego J. Douglas Browne, Senior Vice President On May 21,2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, 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 they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JOANN RftCHE SAN 0660 COUNTY My ConuniMion Expires •APm.30.20lF I JoAnn Pache, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force> IN WITNESS WHEREOF, I have set my hand this :£>-^o (T\/. P davof /// Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of KERN On 12/07/09 Date before me, Nancy E. Smith, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Johannah Griffith Name(s) of Signer(s) NANCY E. SMITH COMM. #1843974 NOTARY PUBLIC 'CALIFORNIAKERN COUNTY MyComm.Exp. Apr. 10,2013 Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the personfaj whose namefiB^f is/afe subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in -his/her/their authorized capacity(ie9-), and that by btsftier/theif- signature^ on the instrument the person^), or the entity upon behalf of which the person^ acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL 6ignature/frf Notary \J Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 12/07/09 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 11 Individual D Corporate Officer - Titles(s) D Partner(s) D Limited X Attorney in Fact D Trustee(s) D Guardian/Conservator D Other: Number of Pages: Signer is Representing: Insurance Company of the West_ RIGHT THUMBPRINT OF SIGNER Name of Person(s) or Entity(ies)_ GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever i£ greater. Said tiame(s) arid location(s) of business of subcontractors) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 06/1 0/09 Contract Nos. 3951 & 5500 Page 23 of 1 29 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 24 of 129 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 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 wilt be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS 1 , »Portion' of Work ' ,i i', «}*!',' ''it! ' 1 'Subtjqntractbp N^rpe and, ''' Lic.epse.Noiand Classification* "" • ;Amount o , '• -iWorJ by', ;- Subcpn'tractor ; in dollars? -A .ojy^.o^L —-....& -A -A M- 1 \'}Ls- P39® 1 of I pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information pieceded by an asterisk may be subrmlted by lha Bidder up to 24 hours after the deadline for submilling bids contained In the "Nolics Inviting Bids,' Revised 06/10/00 Contract Nos. 3951 & 5500 Page 25 of 129 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 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. Technical experience for HDD shall comply and be submitted as required in Technical Specification Section 15075, Part 2,1.02 and 1.09 A. An attachment can be used. « ^Date'?" iS> i ; Contract * Completed' See Attached ' i ' Xi !•' '« ' -', ' <; 'i' 1 Name and Address > 1 of the ErripIoyerV 1 V < ' ''Name and Phone No. of Person to Contract '«. > ', i,• ; '• - •, i<Type of Work,, Amount ! Of i Contract^ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 26 of 129 Pages HPS Mechanical, Inc. Job References - Pipeline Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Pipeline Project 1400 Mount Helix Helix Water District $912,929.00 HPS Mechanical, Inc. Greg Jones 619-667-6246 619-667-6235 Oct 2009 Scope includes replacement of existing cast-iron water mains with approx 5,000 feet of new 6", 8", 12" PVC, 8" and 12" Ductile Iron, as well as 16" Steel pipe CML&C , complete with all appurtenances and related work. Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Crest Accelerated Pipeline Replacement Padre Dam Municipal Water District $1,377,375.00 HPS Mechanical, Inc. Arne Sandvick 619.258.4643 619.449.9469 6/2007 The Crest Accelerated Pipeline Project was a water main replacement throughout the city of Crest. The project consisted of approximately 14,000 feet of 8" - 10" C-900 water main along with tees, valves, branch lines and service to all homes. Seventy-five percent of HPS' work was done in narrow, single lane roads. Despite these conditions, HPS was able to provide working traffic control and maintain residents' home access during the trenching and installation. In addition, HPS had to work closely with Padre Water District and the residents of Crest in order to keep quality control at its highest. HPS and the community of Crest were able to work together during this project and the finished product was worth it. Highland H.S. Kern High School District $46,764.00 Coles Mechanical Systems Inc. Tammy Coles 661.363.5445 661.363.5442 9/2006 Site plumbing. Gas pipe and fittings, HVAC system, balancing energy management and controls. Job Name: 4 Ditch Pipeline EXT L-208 Owner: City of Bakersfield Job Size: $600,527.00 General Contractor: Dept. of Water Resources Contact: Steve Choate Telephone: 661.326.3715x3092 Facsimile: 661.852.2127 Completion: 3/2006 Sewer laterals, miscellaneous concrete, traffic, pavement, reconstruct irrigation systems, metal work, modify irrigation structure, manholes, relocate water services. HPS Mechanical, Inc. Job References - Sewer Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: Job Name: Owner: Job Size: General Contractor: Contact: Telephone: Facsimile: Completion: McDonald Way Sewer Hook-Up City of Bakersfield 401,870.00 City of Bakersfield Diane Wagner 661-326-3745 661-852-2100 8/2008 Adams St. Sewer Line County of Kern/ Ford City-Taft Heights Sanitation District 95,449.00 County of Kern Tim Douhan 661-862-8878 661-862-8987 9/2008 Sewer Lift Station Moreland Family LLC 232,100.00 HPS Mechanical Inc. Kenny Pourroy 661-397-2121 661-396-2589 11/2007 Clinica Sierra Vista - Brundage Lane Clinica Sierra Vista 32,556.00 Wallace & Smith Contractors Jayson A. Bryan 661.327.1436 661.327.8865 11/2006 Job Name: Save Mart #88 Owner: Save Mart Supermarkets Job Size: 345,747.00 General Contractor: Michael R. Tolladay Corporation Contact: Michael Tolladay Telephone: 559.431.4111 Facsimile: 559.431.2478 Completion: 10/2006 Job Name: Springville Effluent Disposal Owner: Springville Public Utility District Job Size: 751,499.38 General Contractor: Keller/Wegley Contact: Dennis Keller Telephone: 559.732.7938 Facsimile: 559.732.7937 Completion: 5/2006 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 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: D Comprehensive General Liability D Automobile Liability D Workers Compensation D 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. oRevised 06/10/09 Contract Nos. 3951 & 5500 Page 27 of 129 Pages AcoRD9 CERTIFICATE OF LIABILITY INSURANCE PRODUCER 1-559-436-0833 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. 4C River Park Place West, #408 Frt-no, CA 93720 Fax: 559-256-6590 INSURED HPS Mechanical, Inc. 3100 E. Belle Terrace Bakersfield, CA 93307 DATE (MM/DD/YYYY) 02/01/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: NATIONAL UNION FIRE INS CO OF PITTS INSURER B: EVEREST NATL INS CO INSURER C: INSURANCE CO OF THE STATE OF PA INSURER D: INSURER E: NAIC# 19445 10120 19429 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A B C ADD'L NSRD TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE X [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ! POLICY fx] $& FlLOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY X 1 OCCUR 1 j CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER 0907286 0907475 71C2000274091 WC4800852 POLICY EFFECTIVEDATE (MM/DD/YYYY) 07/01/09 07/01/09 03/01/09 07/01/09 POLICY EXPIRATIONDATE (MM/DD/YYYY) 07/01/10 07/01/10 07/01/10 07/01/10 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHEP THAN EA ACC AUTO ONLY: AQG EACH OCCURRENCE AGGREGATE „ WC STATU- OTH-x TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 500,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ $ $ $ $ $ $ 5,000,000 $ 5,000,000 $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 See Attached Addendum RE: Job# 1892, La Solondrina and El Fuerte Street HDD Sewer Extensions, Bid No. PWS10-18ENG, Project No. 3951 & 5500. The City of Carlsbad, its officials, employees and volunteers are named as Additional Insured per attached addendum. CERTIFICATE HOLDER CANCELLATION *1Q day notice for non-payment of premium C-* of Carlsbad 1635 Faraday Ave . Carlsbad, CA 1 92008-7314 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /"I , tu^l-i. „ C^ a nAn ACORD 25 (2009/01) Mikf res 14338060 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) ENDORSEMENT This endorsement, effective 12:01 A.M. forms a part of policy No. GL 090-72-86 issued to HPS MECHANI CAL, INC. by NATIONAL UNION FIRE INSURANCE COKPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION it - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: . The coverage and/or limits of this policy, or , The coverage and/or limits required by said contract or agreement. Authorized Representative orCounterslgnature {in States Where Applicable) 61712(12/06) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. forms a part of policy No.CA 090-7^-75 issued to UPS MECHAN!CAL, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO". I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of; (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. Authorized Representative or Countersignature (In States Where 87950(10/05} Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. forms a part of policy No, GL 090-72-86 issued to HPS ME CHAN I CftL, INC, by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products-completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. , .jthorized Representative orCountersignature (in States Where Applicable) 90533 (3/06) Page 1 of 1 POLICY NUMBER: GL 090-72-86 COMMERCIAL GENERAL LIABILITY CG2404 1093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION REQUIRING A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY PURSUANT TO THE TERMS OF ANY CONTRACT OR AGREEMENT YOU ENTER INTO WITH SUCH PERSON OR ORGANIZATION. {If no entry appears above, information required to complete this endorsement wilt be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Q BLANKET WAIVER OF OU8 RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It Is attached effect on the inception date of the policy unless a different date te indicated below. ffto Mowing "attaching cSauss" rxaxl us comptefed only wtsm Ws endwsemw* Is tesuerf subssQuem to prnparafon ct too potteyi, This endorsement, effective 13:01 AM &»«« a pan ol Policy No. we 00^-80-0852 Issued to HPS HECHfcNJCAL, ISC. By THE INSURANCE C0»PAMY Of THE STATE OF PEHKSYIVANU We have a right to recover our paynwrtts from anyone Sabte for ar» Injury covered by this policy. We will not ontorca our right against any person or cwgtmketton with whom vo" have a written contract that requm&s you to obtain this agreement from us, as regards any work you perform for such pamors or organization. Tto adcStiwaJ premium for this endorsement shall be I % of the total estimated wofkecs compertsation premium for this policy. Schedule Any Person or Organization to whom you become obligated to waive your rights to recovery against, under any contract or agreement you enter into prior to the occurrence of toss. WC 04 CJ 61 Countersigned by (Ed. 11/80) Authorized RepresentativeINSURED'S COPY SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 02/01/10 NAME OF INSURED: HPS Mechanical, Inc. Additional Description of Operations/Remarks from Page 1: Additional Information: 07/01/2009 GENERAL LIABILITY: When required by written contract or agreement. Blanket Additional Insured applies as per the attached Form 61712 (12/06). Primary wording applies when required by written contract per the attached Form 90533 (03/06) Waiver of Subrogation applies when required by written contract per attached Form CG2404 (10/93) AUTO LIABILITY: When required by written contract or agreement. Blanket Additional Insured applies as per the attached Form 87950 (10/05) WORKERS' COMPENSATION: Waiver of Subrogation applies when required by written contract per attached Form WC040361 (11/90) SUPP (05/04) BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 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. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: HPS Mechanical Inc. (i^ame of Contractor Os (sign here) Leslie DenHerder - Preside1 (print name/title) Page _J of _J pages of this Re Debarment form Revised 06/10/09 Contract Nos. 3951 & 5500 Page 28 of 129 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 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. (If needed attach additional sheets to provide full disclosure.) Page _J _ of 2 pages of this Disclosure of Discipline form Revised 06/10/09 Contract Nos. 3951 & 5500 Page 29 of 129 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD , (CONTINUED) ) (To Accompany Proposal) LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: HPS Mechanical Inc. (name of Contractor) are) Leslie DeiWerder (print name/title) Page 2 of 2 pages of this Disclosure of Discipline form Revised 06/10/09 Contract Nos. 3951 & 5500 Page 30 of 129 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 State of California ) ) ss. County of Kern ) Leslie DenHerder bejng first du|y sworr)i deposes (Name of Bidder) and says that he eKshecis President CTitle) of HPS Mechanical Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the day of , 20 . Signature ofcBidder / ^ Subscribed and sworn to before me on the , ps^tfav of , 20_ (NOTARY SEAL) Signature of Notary Revised 06/10/09 Contract Nos. 3951 & 5500 Page 31 of 129 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT X<Ve<^@$5sJ6sfis:fic£cJi^^ x See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No, 1 State of California County of Kern v KIMBERLY MeNEILL ' COMM. #1857326 z Notary Public • California g Kern County F3iace Notary Seal Above Signature of Oocunieiit Signer No. 2 (if any) Subscribed and sworn to (ox-affiftrred) before me on this 9 day of November Date (1) .Leslie, ., 20 09 . by Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2).- NONE - Namo of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature .....^ J££l£C!$ Sigq^ufe o( Notary Public OPTIONAL RIGKTTHUMBPRIOT ^B RIGHTTHUMBPRINT Further Description of Any Attached Document Title or Type of Document: NP,n:^USJ2^ Document Date: 11"9"Q9_ Number ol Pages: _ _JL Signer(s) Other Than Named Above: - NONE - Top of thumb here ^XX^XK.'tXXX>X,'<XXX,xX1<XXX.<XXX^ ?007Nitijn<l Hjtvy A% x nlpun • U"irO Uo SotoAvo PO B» 2VJ2 •Ciialsworth, CA 913)3-2402 nv-AWfJatlonalNotaiy.org Item «5910 Reoider: Call Toll-free 1-800-876-6827 of Carlsbad Public Works - Contract Administration November 24, 2009 ADDENDUM NO. 1 RE: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS BID NO. PWS10-18ENG, CONTRACT NO. 3951 & 5500 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. RHONDA HEATHER Associate Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 6O2-8562 CITY OF CARLSBAD La Golondrina and El Fuerte St. HDD Sewer Extensions Contract Nos. 3951 & 5500 Drawing No. 459-5 Addendum No. 1 From: Mark Biskup, Project Manager Phone: (760)602-2763 Fax: (760) 602-8562 Date: November 23, 2008 Bid Opening Date: Dec 9, 2009 2:00 pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made a part of the contract documents for Contract Nos. 3951 & 5500. 1. On Drawing No. 459-5, Sheet 13, Revise the following manhole rim elevations to: MH#9 Rim Elevation = 343.12 MH#10 Rim Elevation =342.95 2. On page 8 of Contract Nos. 3951 & 5500, under Bid Documents, item No. 5, Bidders Technical Ability and Experience. Add: "Contractor shall include with their bid, the technical experience information required in Section 15075-6, 1.09 Submittals, paragraph A. This information shall be provided within 24 hours following the bid opening time." 3. Fusible Polyvinylchloride pipe (FPVC) may be used as an equivalent alternative to the HOPE pipeline for the Horizontally Directionally Drilled portions of this project. This includes HOPE pipeline shown on Drawing No. 459-5 and as referenced throughout this project's contract specifications. Requirements for the FPVC are included in the attached specification, Section 15065 Fusible Polyvinylchloride Pipe (FPVC). l of 2 4. Delete: the following sentence from Section 15075-10, 3.02 Horizontal Direction Drilling, C., 3. "At no point in the drilled profile shall the radius of curvature be less than 400 ft." 2 of 2 SECTION 15065 FUSIBLE POLYVINYLCHLORIDE PIPE (FPVC) PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: This section specifies fusible polyvinylchloride pipe for wastewater service, including acceptable fusion technique and practice, safe handling and storage, and installation of the pipe by direct trenchless methods or direct bury. B. Requirements: Contractor shall provide a structurally sound, leak-proof, monolithic polyvinylchloride pipe for all piping identified for trenchless installation or direct bury. Individual pipe lengths shall be assembled by butt-fusion unless otherwise specified. Connecting fittings shall be fused or mechanically joined to the piping as specified. Contractor shall also be responsible for trenching, excavating, dewatering flow around the work, leak testing the fusible polyvinylchloride pipe and fittings, bedding and backfilling, and reestablishing the project site in accordance with these specifications. C. Pipe Description: Supplier shall furnish fusible polyvinylchloride pipe conforming to all applicable standards and procedures, and meeting all applicable testing and material properties as described by those standards or within this specification. Specifically, pipe shall match the following table for dimensioning and general characteristics: Max Avg. Inside Working Pipe Description Diameter PR Pressure 8 inch Wastewater Pipe (GREEN) 7.68 inch 14 200 1.02 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification sections} for additional requirements: A. Horizontal Directional Drilling/Guided Drilling: 15075 B. Earthwork: 02200 C. Testing of Gravity Sewer Pipelines: 15045 1.03 QUALITY ASSURANCE A. References: 1. This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of a conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. 2. Unless otherwise specified, references to documents shall mean the documents in effect at the time of construction. If referenced documents have been discontinued by the City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - I issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. 3. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. ANSI/AWWA Cl 10/A21.10 American National Standard for Ductile-Iron and Gray- Iron Fittings, 3-inch through 48-inch, for Water and Other Liquids ANSI/A WWA C111/A21.11 American National Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings AWWA C605 AWWA C900 AWWA C905 AWWA M23 ASTM C923 ASTMD1784-02 ASTMD1785 ASTM D2152 Poly(Vinyl Chloride) (PVC) ASTM D2241 ASTM D2665 ASTM F477 ASTMF1057 ASTMF1417 UNI-PUB-6 Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. through 12 in. (100mm through 300mm), for Water Distribution Standard for Polyvinyl Chloride (PVC Pressure Pipe and Fabricated Fittings, 14 in. through 48 in. (350mm- 1200mm), for Water Distribution AWWA Manual of Supply Practices PVC Pipe—Design and Installation, Second Edition Standard Specification for Resilient Connectors between Reinforced Concrete Manhole Structures, Pipes and Laterals Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80,and 120 Test Method for Degree of Fusion of Extruded Pipe and Molded Fittings by Acetone Immersion Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings Elastomeric Seals (Gaskets) for Joining Plastic Pipe Standard Practice for Estimating the Quality of Extruded Poly (Vinyl Chloride) (PVC) Pipe by the Heat Reversion Technique Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low-Pressure Air Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Addendum No. 1 November 2009 Fusible Polyvinylchloride Pipe (FPVC) 15065-2 B. PPI TR-2/2006 Manufacturer Requirements: PVC Range Composition Listing of Qualified Ingredients Fusible polyvinylchloride pipe shall be tested at the extrusion facility for properties required to meet all applicable parameters as outlined in AWWA C900, AWWA C905, and applicable sections of ASTM D2241. Testing priority shall be in conformance with AWWA C900 and AWWA C905. C. Fusion Technician Requirements: 1. Fusion Technician shall be fully qualified by the pipe supplier to install fusible polyvinylchloride pipe of the type(s) and size(s) being used. Qualification shall be current as of the actual date of fusion performance on the project. D.Specified Pipe Suppliers: 1. Fusible polyvinylchloride pipe shall be used as manufactured under the trade name FPVC™, for Underground Solutions, Inc., Poway, CA, (858) 679-9551. Fusion process shall be as patented by Underground Solutions, Inc., Poway, CA, Patent No. 6,982,051. Owner and Engineer are aware of no other supplier or fusible polyvinylchloride pipe that is an equal to this specified pipe supplier and product. Warranty: 2. A two-year warranty for the pipe shall be included, and shall cover the cost of replacement pipe and freight to project site, should the pipe have any defects in material or workmanship. In addition to the standard pipe warranty, the fusing contractor shall provide in writing a warranty for a period of one year for all the fusion joints, including formation, installation, and pressure testing. F. 3. Warranty periods shall begin on the date of installation and product acceptance after all applicable testing. Submittals: 1. The following PRODUCT DATA is required from the pipe supplier and/or fusion provider: a. Name of the pipe manufacturer and a list of the piping and quantities to be provided by manufacturer. b. Product data and pipe supplier data indicating conformance with this specification and applicable standards, including written documentation regarding any intended variance from this specification and applicable standards. This will include experience of pipe supplier by years and number of projects; warranty information; and independent laboratory testing certification. City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Addendum No. 1 November 2009 Fusible Polyvinylchloride Pipe (FPVC) 15065-3 c. Material and pipe property testing in conformance with this specification and applicable standards indicating conformance from the pipe extruder per AWWA C900and AWWAC905: (1) Dimensional Checks (2) Pipe Burst (3) Flattening (4) Extrusion Quality (Acetone Immersion) (5) Color GREEN (Standard for wastewater application) 2. Test results will be prepared and made available from the pipe extruder to the Owner or Engineer upon request, for each extrusion run. 3. Fusion joint data and fusion technician data indicating conformance with this specification and applicable standards, including written documentation regarding any intended variance from this specification and applicable standards. This will include fusion joint warranty information and recommended project specific fusion parameters, including criteria logged and recorded by data logger. G. The following AS-RECORDED DATA is required from the contractor and/or fusion provider: 1. Fusion report for each fusion joint performed on the project, including joints that were rejected. Submittals of the Fusion Technician's joint reports are required as requested by the Owner or Engineer. Specific requirements of the Fusion Technician's joint report shall include: a. Pipe Size and Dimensions b. Machine Size c. Fusion Technician Identification d. Job Identification Number e. Fusion Number f. Fusion, Heating, and Drag Pressure Settings g. Heat Plate Temperature h. Time Stamp i. Heating and Cool Down Time of Fusion j. Ambient Temperature PART 2- PRODUCTS 2.01 FUSIBLE POLYVINYLCHLORIDE PRESSURE PIPE FOR WASTEWATER A. Fusible polyvinylchloride plastic material for pipe shall conform to AWWA C900 or C905, ASTM D1784, and cell classification 12454. Pipe shall be in accordance with ASTM D2241 for IPS standard dimensions as indicated in these specifications. Compound formulation shall be in accordance with PPI TR-2/2006. B. Pipe shall be manufactured with 100% virgin resin. Pipe shall also have 0% recycled plastics content, and shall not consist of any rework compound, even that obtained from the manufacturer's own production using the same formulation. C. Fusible polyvinylchloride pipe shall be extruded with plain ends. The ends shall be square to the pipe and free of any bevel or chamfer. There shall be no bell or gasket of any kind incorporated into the pipe. City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 4 D. Fusible polyvinylchloride pipe shall be manufactured in a standard 20', 30' or 40' nominal lengths. E. Fusible polyvinylchloride pipe shall be GREEN in color. F. Pipe shall be marked per AWWA C900 or AWWA C905, and shall include as a minimum: 1. Nominal size 2. PVC 3. Dimension Ratio, Standard Dimension Ratio or Schedule 4. AWWA pressure class or rating 5. AWWA Standard designation number 6. Extrusion production-record code 7. Trademark or trade name 8. Cell Classification 12454 and/or PVC material code 1120 may also be included. G. Pipe shall be homogeneous throughout and be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. 2.02 FUSION JOINTS A. Unless otherwise specified, fusible polyvinylchloride pipe lengths shall be assembled in the field with butt-fused joints. The Contractor shall follow the pipe supplier's written instructions for this procedure. Joint strength shall be equal to the pipe as demonstrated by testing requirements. All fusion joints shall be completed as described in this specification. PART 3- EXECUTION 3.01 DELIVERY AND OFF-LOADING A. All pipe shall be bundled or packaged in such a manner as to provide adequate protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the Owner or Engineer. B. Each pipe shipment should be inspected prior to unloading to see if the load has shifted or otherwise been damaged. Notify Owner or Engineer immediately if more than immaterial damage is found. C. Each pipe shipment should be checked for quantity and proper pipe size, color and type. D. Pipe should be loaded, off-loaded, and otherwise handled in accordance with AWWA M23. E. A forklift with chisel forks shall be used to off-load the pipe. The fork chisel should be checked to be sure it is not thicker than the gap between the units of pipe strapped together for shipping and handling purposes. Extend forks to remove each top unit from the truck. When unloading 20' lengths, remove back units first. Do not run forks too far under the units, as fork ends striking adjacent units may cause damage. Insure that the forks are fully engaged. The 30' and 40' lengths are shipped in single length units. Because these are longer, the packages will flex or bend more than the 20' length units. If left bundled in units, unloading can be done with a single forklift so long as it is of sufficient capacity to handle the load. If sag exceeds recommendation (see the table below as to allowable sag), then each piece of pipe should be unloaded individually. The forks should be placed as far apart as possible to provide support to the unit. When City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 5 unloading individual pieces of pipe, the pipe should be supported at approximately the 1/3 point measured from each end of the pipe. Sag In Pipe Lengths During Unloading And Moving Segment Height (Sag) Pipe Size (DIPS) 4 6 8 10 12 16 20 24 30 40' Length -in Inches 24 16 1/2 12 3/4 10 1/4 83/4 6 1/2 5 1/4 4 3 1/2 30' Length -in Inches 13 1/2 9 1/2 7 1/4 53/4 43/4 33/4 3 2 1/2 2 F. Sag is the measurement of the pipe ends relative to the pipe center. With a pipe raised on the forklift, a string line can be pulled from the bottom of one end of the pipe to the bottom of the other end of the pipe. The distance in the center from the string to the bottom of the pipe is the sag. G. If a forklift is not available, a spreader bar with fabric straps capable of handling the load should be used. Recommended lift points when using fabric slings are at the point approximately 1/3 of the length measured from each end of the unit. H. Off-loading devices such as chains, wire rope, chokers, or other pipe handling implements that may scratch, nick, cut, or gouge the pipe are strictly prohibited. I. During removal and handling, be sure that the pipe does not strike anything. Significant impact could cause damage, particularly during cold weather. J. If appropriate unloading equipment is not available, pipe may be unloaded by removing individual pieces. Care should be taken to insure that pipe is not dropped or damaged. K. Pipe should be carefully lowered, not dropped, from trucks. L. In preparation for pipe installation, placement of pipe should be as close to the fusion area as practical. 3.02 HANDLING AND STORAGE A. Any length of pipe showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. Damaged areas, or possible areas of damage may be removed by cutting out and removing the suspected incident fracture area. Limits of the acceptable length of pipe shall be determined by the Owner or Engineer. B. Any scratch or gouge greater than 5% of the wall thickness will be considered significant and can be rejected unless determined acceptable by the Owner or Engineer. C. Pipe lengths should be stored and placed on level ground. Pipe should be stored at the job site in the unit packaging provided by the manufacturer. Caution should be exercised to avoid City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. I November 2009 15065 - 6 compression, damage, or deformation to the ends of the pipe. The interior of the pipe, as well as all end surfaces, should be kept free from dirt and foreign matter. D. Pipe shall be handled and supported with the use of woven fiber pipe slings or approved equal. Care shall be exercised when handling the pipe to not cut, gouge, scratch or otherwise abrade the piping in any way. Use of hooks, chains, wire rope or any other handling device which creates the opportunity to damage the surface of the pipe is strictly prohibited. E. After delivery to the project site, fusible polyvinylchloride pipe shall be stored at ambient temperature and protected from ultraviolet light degradation. If pipe is to be stored for periods of 6 months or longer, the pipe must be shaded or otherwise shielded from direct sunlight. Covering of the pipe which allows for temperature build-up is strictly prohibited. Pipe should be covered with an opaque material while permitting adequate air circulation above and around the pipe as required to prevent excess heat accumulation. F. Racks or dunnage to prevent damage to the bottom of the pipe during storage should support the pipe lengths. Supports should be spaced to prevent pipe bending and deformation. The pipe shall be stored in stacks no higher than that given in the following table: Pipe Diameter (inches) Max. No. of Rows Stacked 8 or less 5 12to21 4 24 to 30 3 33 to 48 2 54 and larger 1 3.03 FUSION PROCESS A. General: 1. Fusible polyvinylchloride pipe will be handled in a safe and non-destructive manner before, during, and after the fusion process and in accordance with this specification and pipe supplier's recommendations. 2. Fusible polyvinylchloride pipe will be fused by qualified fusion technicians, as documented by the pipe supplier. Training records for qualified fusion technicians shall be available to Owner or Engineer upon request. 3. Each joint fusion shall be recorded and logged by an electronic monitoring device (data logger) affixed to the fusion machine. Joint data shall be submitted as part of the As- Recorded information, in accordance with this specification. 4. The fusible polyvinylchloride pipe will be installed in a manner so as not to exceed the recommended bending radius. 5. Where fusible polyvinylchloride pipe is installed by pulling in tension, the recommended Safe Pulling Force, according to the pipe supplier, will not be exceeded. 6. Only appropriately sized, and outfitted fusion machines that have been approved by the pipe supplier shall be used for the fusion process. Fusion machines must incorporate the following properties, including the following elements: City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 7 a. Heat Plate: Heat plates shall be in good condition with no deep gouges or scratches within the pipe circle being fused. Plates shall be clean and free of any contamination. Heater controls shall properly function, and cord and plug shall be in good condition. The appropriately sized heat plate shall be capable of maintaining a uniform and consistent heat profile and temperature for the size of pipe being fused, per the pipe supplier's recommendations. b. Carriage: Carriage shall travel smoothly with no binding at less than 50 psi. Jaws shall be in good condition with proper inserts for the pipe size being fused. Insert pins shall be installed with no interference to carriage travel. c. General Machine: Overview of machine body shall yield no obvious defects, missing parts, or potential safety issues during fusion. d. Datalogger: The current version of the pipe supplier's recommended and compatible software shall be used. Protective case shall be utilized for the hand held wireless portion of the unit. Datalogger operations and maintenance manual shall be with the unit at all times. If fusing for extended periods of time, an independent 110V power source shall be available to extend battery life. 7. Other equipment specifically required for the fusion process shall include the following: a. Pipe rollers shall be used for support of pipe to either side of the machine b. A weather protection canopy that allows full machine motion of the heat plate, fusion assembly and carriage shall be provided for fusion in inclement and /or windy weather. c. Fusion machine operations and maintenance manual shall be kept with the fusion machine at all times. d. Facing blades specifically designed for cutting fusible polyvinylchloride pipe. B. Joint Recording: Each fusion joint shall be recorded and logged by an electronic monitoring device (data logger) connected to the fusion machine. The fusion data logging and joint report shall be generated by software developed specifically for the fusion of fusible polyvinylchloride pipe. The software shall include fusible polyvinylchloride pipe based dimensional data and fusible polyvinylchloride pipe based interfacial pressure relationships. Data not logged by the data logger shall be logged manually and be included in the Fusion Technician's joint report. 3.04 INSTALLATION A. Fusion and Layout: 1. All fusion of the pipe shall occur at surface level. No fusion will be completed in the excavated area or trench. 2. Pipe lengths shall be fused in their entirety and staged prior to installation Fused pipe lengths shall be determined by Contractor preference, manufacturer's recommendations and site constraints. B. Installation by Horizontal Directional Drilling City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 8 1. Installation shall be as defined under section 15075 Horizontal Directional Drilling, part 3.04 Pipeline Assembly and Installation. C. Excavation and Trenching: 1. Excavation and trenching shall comply with the drawings, City of Carlsbad standard specifications, these specifications and all applicable jurisdictional standards. Trenching and excavation shall be completed to proper lines and grades prior to pipe installation. 2. Unsuitable trench bottom material, dewatering and excavation shoring and bracing shall be dealt with per the drawings, these specifications, and all applicable jurisdictional standards. 3. Trenching and excavation shall be prepared and bedded per the drawings, these specifications and all applicable jurisdictional standards prior to pipe installation. D. Open Trench Installation: 1. Fused lengths of pipe shall be installed by lowering into the trench or excavation, using approved strapping per these specifications. The lowering operation, once initiated shall proceed until the entire length of the fused section of pipe is installed. 2. Coordination of lifting equipment shall ensure that the fused pipe does not exceed the bending and buckling limitations of the pipe, per the manufacturer's recommendations. a. Three pick points shall be utilized at all times and shall be staged per the manufacturer's recommendations. b. Under no circumstances will the pipe be "dropped" or "rolled" into the trench or excavation. 3. If the length of the fused pipe is longer than what the available equipment can lower into the trench or excavation at one time, equipment shall be staged so that lowering shall begin at one end of the installation, and proceed along the trench or excavation, so that the entire fused length is installed without exceeding the bending limitations of the fused pipe. 4. Pipe may also be installed by dragging it into the end of the trench via a sloped section that is constructed so as not to exceed the bending radius of the pipe. Pipe may be pulled by the use of a pull head and winch or piece of construction machinery as recommended by the pipe supplier. 5. Fused pipe shall be bedded and backfilled per the drawings, these specifications and all applicable jurisdictional standards. Lengths of fused polyvinylchloride pipe shall be bedded and removed from direct sunlight for a period of at least two minutes per inch- diameter before any connections are made. This period of thermal equalization of the pipe is to assure proper connections may be installed. E. Fusible Polyvinylchloride Pipe Care: 1. The fusible polyvinylchloride pipe shall be handled with care to minimize the possibility of it being cut, kinked, gouged, or otherwise damaged. The use of cables or hooks will not be permitted. City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 9 2. Sections of the fusible polyvinylchloride pipe damaged, cut, or gouged shall be repaired by cutting out the section of damaged pipe and then rejoining. 3.05 TESTING A. Testing shall comply with all local building codes, statutes, standards, local jurisdiction, and laws. B. Hydrostatic Testing and Leakage Testing for Pressure Piping: 1. Hydrostatic and leakage testing shall comply with AWWA C605. 2. For a simultaneous hydrostatic and leakage test, following installation, a pressure equal to 150% of working pressure at point of test, but not less than 125% of normal working pressure at highest elevation is applied. The duration of the pressure test is for two (2) hours. 3. If hydrostatic testing and leakage testing are performed at separate times, follow procedures as outlined in AWWA C605. C. Partial Testing: 1. Segments of the pipe may be tested separately in accordance with standard testing procedure, as approved by the Owner and Engineer. 3.06 PREPARATION PRIOR TO MAKING CONNECTIONS INTO EXISTING PIPING SYSTEMS A. Approximate locations for existing piping systems are shown on the drawings or detailed in the specifications. Prior to making connections into existing piping systems, the Contractor shall: 1. Field verify location, size, piping material and piping system of the existing pipe. 2. Obtain all required existing piping manufacturer(s) approved fittings (i.e., saddles, sleeve type couplings, flanges, tees, etc., as shown). 3. Have installed all temporary pumps and/or pipes in accordance with established connection plans. 4. Have on hand necessary pipe stoppers, pancake flanges or other items which may be necessary should an existing valve or appurtenance fail to seal properly. B. Unless otherwise approved by the Engineer, new piping systems shall be completely assembled and successfully tested prior to making connections into existing pipe systems. 3.07 PIPE SYSTEM CONNECTIONS A. Pipe connections shall be installed per applicable standards and regulations, as well as per the connection manufacturer's recommendations and as indicated on the drawings. Pipe connections to structures shall be installed per applicable standards and regulations, as well as per the connection manufacturer's recommendations. END OF SECTION 02600 City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065-10 Optional Specification Material Notes to Specifier: Include the following language for de-beading aspects requested as part of the project. [Under: QUALITY ASSURANCE, AS RECORDED DATA:] a. Indication of Internal Bead Removal [Under FUSION PROCESS:] 1. Joint Cleanup: a. Bead Removal - External Bead: (1) If external bead removal is required, Removal shall be completed with a high speed router equipped with a carbide flat cutting bit set 1/16" above the pipe surface and a modified base plate to follow the pipe curvature. (2) Care shall be taken to assure the pipe surface is not cut into while debeading. If the pipe surface is cut during the debeading exercise, Owner or Engineer shall be made aware of the cut, and may have the joint and affected pipe removed, and rejoined. b. Bead Removal - Internal Bead: (1) If removal of the internal bead is required, the bead shall be removed with an internal debeading tool specified by the pipe supplier based upon the type and size of pipe being joined. (2) Under no circumstances shall the internal bead be removed without the use of an approved internal debeading tool approved by the pipe supplier and specific to the pipe being joined. City of Carlsbad, Public Works La Golondrina and El Fuerte Street HDD Sewer Extensions Fusible Polyvinylchloride Pipe (FPVC) Addendum No. 1 November 2009 15065 - 11 of Carlsbad Public Works - Contract Administration December 2, 2009 DEC 0 4 20® ADDENDUM NO. 2 RE: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS BID NO. PWS10-1 SENG, CONTRACT NO. 3951 & 5500 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 Faraday Avenue •» Ciirlsbad, CA 92008-7314 » (760) 602-4677 « FAX (760) 6O2-3562 CITY OF CARLSBAD La Golondrina and El Fuerte St. HDD Sewer Extensions Contract Nos. 3951 & 5500 Drawing No. 459-5 Addendum No. 2 From: Mark Biskup, Project Manager Phone: (760)602-2763 Fax: (760) 602-8562 Date: December 2, 2009 Bid Opening Date: Dec 9, 2009 2:00 pm REVISIONS TO BID DOCUMENTS: The following clarifications and additions shall be made a part of the contract documents for Contract No. 3951 & 5500. 1. Delete: Pages 11 through 13 Replace with: The attached Pages 11 through 13 (Addendum 2) 1 of! CITY OF CARLSBAD LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3951 & 5500 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE"A" La Golondrina Sewer Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) Mobilization (including bonds, LS $ 15,000.00 $ 15,000.00 insurance and permits) Fifteen thousand dollars (Price in Words) . 0 AC Saw Cut, Removal, . . c A Z. r-. , . 1 I_OReplacement (Price in Words) Provide/Fuse/Test: 10" DR9 A 3. HOPE or 8" DR 14 FPVC pipe 1 LS (circle pipe material) (Unit Price in Words) . . HOPE or PVC Fittings, Specials, . . c $_ A4' Anchors 1 LS (Price in Words) Revised 06/1 0/09 Contract Nos. 3951 & 5500 Page 1 1 of 1 30 Pages Addendum No. 2 Approximate Item ' Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A j. Horizontal Directional Drilling . , ~ $ $ A D' Installation ' L& (Price in Words) Afi Connect 10" DR9 HOPE or . FA $ b' FPVC pipe to ex. Manhole (Unit Price in Words) A7 8" PVC Sewer Pipe Supply and „,„ . F $_ A '• Open Trench Installation (Unit Price in Words) A „ Furnish and Install 5-ft Diameter 0 PAA °" Manholes ^tM (Unit Price in Words) A 9. Abandon Manhole 1 EA $_ (Unit Price in Words) . .„ Concrete Drain Removal/Replacement (Unit Price in Words) . ., Demolish La Golondrina Lift . . GA11' Station 1 Lb (Unit Price in Words) A 12. Traffic Control 1 LS $ (Unit Price in Words) A13. Surveying 1 LS $_ (Unit Price in Words) A14. Testing and CCTV Inspection 1 LS $_ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 12 of 130 Pages Addendum No. 2 Item No. Description (Unit Price in Words) Demobilization, Clean-up and Disposal Nine thousand dollars A 15 Approximate Quantity And Unit 1 LS Unit Price (Figures) $ 9,000.00 Total Amount (Figures) $ 9,000.00 (Unit Price in Words) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ Item No. B 1. SCHEDULE"B" El Fuerte Sewer Extension Description Mobilization (including bonds, insurance and permits) Twenty thousand dollars (Unit Price in Words) 2 AC Saw Cut, Removal, Replacement Approximate Quantity And Unit 1 LS 1 LS Unit Price (Figures) $ 20,000.00 Total Amount (Figures) $ 20.000.00 B3. (Unit Price in Words) Provide/Fuse/Test: 10" DR9 HDPEor8"DR14FPVC (circle pipe material) 1 LS B4. (Unit Price in Words) HOPE or PVC Fittings, Specials, Anchors 1 LS B5. (Price in Words) Horizontal Directional Drilling Installation (Price in Words) 1 LS Revised 06/10/09 Contract Nos. 3951 & 5500 Addendum No. 2 Page 13 of 130 Pages CONTRACT PUBLIC WORKS This agreement is made this <' _ day of *~^? *^*^^ _ , 2010, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and HPS Mechanical Inc. whose principal place of business is 3100 E. Belle Terrace Bakersfield CA 93307 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. A*¥ Revised 06/10/09 Contract Nos. 3951 & 5500 Page 32 of 129 Pages 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 33 of 129 Pages 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured Revised 06/10/09 Contract Nos. 3951 & 5500 Page 34 of 129 Pages retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim Revised 06/10/09 Contract Nos. 3951 & 5500 Page 35 of 129 Pages may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above. \$»^ init N*»^> init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or 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. Revjsed 06/10/09 Contract Nos. 3951 & 5500 Page 36 of 129 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR name of Contractor) By: ( \ (sign Leslie rVnHqrder/President |\ (print name and title) By: \ (sign here) Su-5o corporation of (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: RONALD R. BALL City Attorney DeputyCity Attorney Revised 06/10/09 Contract Nos. 3951 & 5500 Page 37 of 129 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _Kern On 02/17/10 before me, Kimberly McNeill, A Notary Public Hers Insert Name and Title of the Officer personally appeared Leslie DenHerder and Susan DenHerder Namo(s) of Signer(s) v KIMBERLY McNEILL ( COMM. #1857326 z Notary Public • California § Kern County VvComrn. Expires Jul. 10, 2013 f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that fo£/s)fe/they executed the same in fofe/hXr/their authorized capacity(ies), and that by rte/l)e.r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ^N*/V^.\ OPTIONAL "^Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signature Acknowledgement Document Date: 2-17-1Q __ _ __ Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) _ Number of Pages: _1 Signer's Name: 17] Individual C3 Corporate Officer •—Title(s): D Partner — Ci Limited G General H Attorney in Fact L.j Trustee D Guardian or Conservator [j Other: RIGHT THUMBPRINT OF SIGNER Signer's Name: G Individual D Corporate Officer — Title(s): G Partner — [j Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER Signer Is Representing:. R£3C!S^^ Top of thumb here i j Trustee G Guardian or Conservator D Other: Signer Is Representing: Top of thumb here 02007 Naiional Notary Association • B350 Do Solo Avo.. P.O. Box 2402 • Chatswortn. CA 91313-2402 • wvw.NalionalNotary.org Hem »5907 Reorder:Call Toil-Free 1-800-876-6827 BOND NO. 2306921 PREMIUM:INCLUDED LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010-016, adopted January 26, 2010, has awarded to HPS Mechanical Inc. (hereinafter designated as the "Principal"), a Contract for: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, HPS MECHANICAL INC., as Principal, (hereinafter designated as the "Contractor"), and INSURANCE COMPANY OF THE WEST _ _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Six Hundred Thirty Seven Thousand One Hundred Sixty Four Dollars ($637,164), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 38 of 129 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this. dav of FEBRUARY 2ND _,20.10 Executed by SURETY this. FEBRUARY 2ND of ,20 .day 10 CONTRACTOR: 'HPS MECHANICAL, INC. (name of Contractor) \\ ^ By:. SURETY: INSURANCE COMPANY OF THE WEST (name of Surety) 155 E SHAW AVE #316, FRESNO, CA 93710 (sign hsfe) eslie (address of Surety) 559-224-7778 (print name here) President (title and organization of signatory) "(sign here) (telephone number of Surety) _ T (signature of AflorViey-in-Fact) JOHANNf H GRIFFITH, ATTORNEY-IN-FACT "(printed name of Attorney-in-Fact) (print name here) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney oRevised 06/10/09 Contract Nos. 3951 & 5500 Page 39 of 129 Pages No. 0002880 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NANCY BORGMAN, WES BRADFORD, JOHANNAH GRIFFITH, NANCY E. SMITH their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY t / Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On May 21,2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, 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 they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JOANN PACHE \ COMM. #1846804 nHOTAflVrTJBUC^AUFOHWAg SAN ttCCO COUNTY §My Comnriulan Expires § APBJL30.2013 I JoAnn Pache, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force..-) (0 I UIN WITNESS WHEREOF, I have set my hand this.day of Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of KERN On 02/02/10 before me, Sami D Thompson, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Johannah Griffith Name(s) of Signer(s) SAMI D. THOMPSON A COMM. #1700873 S Is] NOTARY PUBLIC-CALIFORNIA * I KERN COUNTY * My Comm. Exp, Oct. 24,2010 j Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the person^ 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)^ on the instrument the person(s^ or the entity upon behalf of which the personte) acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Performance/Payment Bond Document Date: 02/02/10 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Titles(s) D Partner(s) D Limited X Attorney in Fact D Trustee(s) D Guardian/Conservator D Other: Number of Pages: Signer is Representing:,..Insurance Company of the West_ RIGHT THUMBPRINT OF SIGNER Name of Person(s) or Entity(ies)_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _Kern On 02/17/10 Dale before me, Kimberly McNeill, A Notary Public Here Insert Name and Title of the Ollicer personally appeared Leslie DenHerder and Susan DenHerder Name(s) of Signer(s) KIMBERLY McNEILL \COMM. #1857326 z Notary Public • California § Kern County -» Mv Comm Expires Jul. 10,2013 f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfere subscribed to the within instrument and acknowledged to me that fe^/shfe/they executed the same in fofe/hWtheir authorized capacity(ies), and that by i)i$/r>er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. OPTIONAL - ture of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signature Acknowledgement Document Date: 2-17-1Q _ _ Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) . Number of Pages: 1 Signer's Name: D Individual '""] Corporate Officer — Title(s): n Partner — D Limited D General LJ Attorney in Fact [j Trustee G Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _ LJ Individual D Corporate Officer — Title(s): _ ["] Partner — D Limited D General D Attorney in Fact D Trustee d Guardian or Conservator G Other: _ Signer Is Representing: RIGHT THUM8PRINT OF SIGNER Top of thumb here ©2007 Nalional Notary Association• 9350 Do Soto Ave.. RO, Box 2402 • Chatsworth. CA 91313-2402 • vvww,NaitonalNotary.org Item #5907 Reorder; Call Toil-Froe 1 -800-876-6827 BOND NO. 2306921 PREMIUM: $5,460.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2010-016, adopted January 26, 2010, has awarded to HPS Mechanical Inc. (hereinafter designated as the "Principal"), a Contract for: LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by 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, HPS MECHANICAL INC., as Principal, (hereinafter designated as the "Contractor"), and INSURANCE COMPANY OF THE WEST as Surety, are held firmly bound unto the City of Carlsbad in the sum of Six Hundred Thirty Seven Thousand One Hundred Sixty Four Dollars ($637,164), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 40 of 129 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this. day of FEBRUARY 2C CONTRACTOR: HPS MECHANICAL, INC. 2ND (name of Contractor) By:. f \ (sign here) / fceslie DenHerder (print name here) President Executed by SURETY this 2ND day of FEBRUARY f 20 1? SURETY: INSURANCE COMPANY OF THE WEST (name of Surety) 155 E SHAW AVE #316 FRESNO, CA 93710 (address of Surety) 559-224-7778 (telephone number of Surety) (Title and Organization of Signatory) (sign here) O (print name here) \ **e-"^ ^-«. •- f (Signature of Attomey-in-Fact) \ } JOHANNAH GRIFFITH, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ity Attorney Revised 06/10/09 Contract Nos. 3951 & 5500 Page 41 of 129 Pages No. 0002880 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NANCY BORGMAN, WES BRADFORD, JOHANNAH GRIFFITH, NANCY E. SMITH their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY L/ y / Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, 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 they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. JOANN PACHE \ CQMM. # 1846804 OHOTARYPUBUC-CAUFORWAg SAN D*£GO COUNTY $ My Commiuian Expires •APRit.3a2friF I JoAnn Pache, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this day of Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of KERN On 02/02/10 Date before me, Sami D Thompson, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Johannah Griffith Name(s) of Signer(s) * "f SAMI D.THOMPSON COMM. #1 700873 NOTARY PUBLIC -CALIFORNIA KERN COUNTY My Comm. Exp. Oct. 24, 2010 proved to me on the basis of satisfactory evidence to be the persontep whose name(^7 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -his/her/theif authorized capacity(ies), and that by -tiis/her/tRetr signature^ on the instrument the person^a), or the entity upon behalf of which the personte^P acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that^e foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Type of Document: Performance/Payment Bond Document Date: 02/02/10 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Titles(s) n Partner(s) D Limited X Attorney in Fact D Trustee(s) D Guardian/Conservator D Other: Signer is Representing:,.Insurance Company of the West_ RIGHT THUMBPRINT OF SIGNER Name of Person(s) or Entity(ies)_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^ State of California County of _K.ern On 02/17/10 before me, Kimberly McNeil], A Notary Public Here Insert Name and Title of the Officer personally appeared Leslie DenHerder and Susan Den Herder Name(s) of Signer(s) KIMBERLY Mcff£lLL * [ COMM. #1857326 z Notary Public • California § Kern County -* My Comm. Expires Jul. 10,2013 \ who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) isfere subscribed to the within instrument and acknowledged to me that fe^/sJfe/they executed the same in Ms/hWtheir authorized capacity(ies), and that by r)i$/l>$r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - e of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Signature Acknowledgement Document Date: 2-17-10 Number of Pages: _J Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual C! Corporate Officer — Title(s): L Partner — D Limited [""] General G Attorney in Fact D Trustee [j Guardian or Conservator [j Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: Li Individual [ ] Corporate Officer — Title(s): D Partner — D Limited D General til Attorney in Fact O Trustee D Guardian or Conservator G Other: Signer Is Representing:, RIGHT THUMBPRINT OF SIGNER Top of thumb hero ©2007 National Notary Association -9350068010 Ave.. P.O. Box 2402 *Chatsworlh,CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder:Call Toil-Free 1-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and HPS Mechanical, Inc. ' ^_whose address js 3100 East Belle Terrace. Bakersfield. CA 93307 hereinafter called "Contractor" and Union Bank, N.A. whose address is 1980 Saturn St., V03-012, Monterey Park, CA 91755 hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 in the amount of $637,164.00 dated 02/01/1° (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 42 of 129 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City:Title FINANCE DIRECTOR Name Signature For Contractor: Address 1635 Faraday Avenue. Carlsbad. CA 92008 Tjtle Chief Financial Officer For Escrow Agent: Signature Address 3100^E- Belle Terrace, Bakersfield, CA 93307 Title Assistant Vice President*^ Name Katrina Signature. Address 1980 Saturn St. Monterey Bark, CA 91755 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 06/10/09 Contract Nos. 3951 & 5500 Page 43 of 129 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR For Contractor: SrTsPacI Wade Drive. Carlsbad. CA 92008 Name Signature Address Title Chief F] Name Pate C Signature Address 3100 E.\Belle Terrace, Bakersfield, CA 93307 For Escrow Agent:Title Assistant Vice Name KajjJp^tLaark, Signature Address 1980 Saturn St. Itoterey Bark, CA 91755 Revised 06/10/09 Contract Nos. 3951 & 5500 Page 44 of 129 Pages GENERAL PROVISIONS FOR LA GOLONDRINA AND EL FUERTE STREET HDD SEWER EXTENSIONS CONTRACT NO. 3951 & 5500 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless 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 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 45 of 129 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental •K Revised 01/20/09 Contract Nos. 3951 & 5500 Page 46 of 129 Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Design Engineer- Dudek and Associates Inc. 605 3rd Street, Encintas, CA 92024, (760) 942-5147 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. *¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 47 of 129 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. 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 48 of 129 Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 49 of 129 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CIVIL Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation Revised 01/20/09 Contract Nos. 3951 & 5500 Page 50 of 129 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIF Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB 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 SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 01/20/09 Contract Nos. 3951 & 5500 Page 51 of 129 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 STHWY State highway STA Station STD Standard SIR Straight STR GR Straight grade STRUG 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 Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 52 of 129 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 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 (urn) 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 (fr) 0.0929 square meter (nrr 1 square yard /yd ) 0.8361 square meter (r 1 cubic foot (ft L 0.0283 cubic meter (m, 1 cubic yard (yd ) 0.7646 cubic meter (m 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (ft oz.) 29.5735 millileter (ml_) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)71.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) A•^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 53 of 129 Common Metric Prefixes kilo(k) 103 centi(c) 10"* milli(m) 10"3 micro (n) 10"® nano(n) 10 pico(p) 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centerline SL Survey line or station line Revised 01/20/09 Contract Nos. 3951 & 5500 Page 54 of 129 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as 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. 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 55 of 129 to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment 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. 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. •K Revised 01/20/09 Contract Nos. 3951 & 5500 Page 56 of 129 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 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., designated "SSPWC", as amended. The construction plans consist of one set of drawings designated as City of Carlsbad Drawing No. 459-5 with a total of 13 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 57 of 129 The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 8) City of Carlsbad Engineering Standards (current edition) 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. •^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 58 of 129 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 Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 59 of 129 Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 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 ) 2) 3) 4) 5) 6) 7) 8) List of Subcontractors per 2-3.2. List of Materials per 4-1.4. Certifications per 4-1.5. Construction Schedule per 6-1. Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201-1.1. Asphalt concrete mix designs per 203-6.1. Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- PageBOof 129mRevised 01/20/09 Contract Nos. 3951 & 5500 built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless 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. A report on subsurface conditions prepared by Allied Geotechnical Engineers, Inc., titled "Report of Geotechnical Investigation for The La Golondrina and La Costa Meadows Sewer Extensions" is provided in Appendix B. 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 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 61 of 129 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 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. 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 Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless 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 subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 62 of 129 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. oRevised 01/20/09 Contract Nos. 3951 & 5500 Page 63 of 129 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and 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 Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an Revised 01/20/09 Contract Nos. 3951 & 5500 Page 64 of 129 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 can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as 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 can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the 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 m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 65 of 129 equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, 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. A*¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 66 of 129 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. 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 251 17 of the Health and Safety Code, that is required Revised 01/20/09 Contract Nos. 3951 & 5500 Page 67 of 129 to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that 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 City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. •^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 68 of 129 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. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 69 of 129 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 (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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 70 of 129 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. 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. Am¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 71 of 129 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, 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 72 of 129 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 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 73 of 129 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. 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 74 of 129 investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless 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 contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 75 of 129 stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the 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 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 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 76 of 129 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 Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed 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 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 77 of 129 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 Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within fifteen (15) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 78 of 129 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 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy. 6-1.3 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 Plans and as specified in the Specifications. The work includes the removal of the exiting La Golondrina and La Costa Meadow (LCM3) Lift Stations replacing them with gravity sewer pipeline extension. The La Golondrina LS abandonment requires installation 210 lineal feet of 8-inch SDR35 PVC pipe, and approximately 622 lineal feet of 10-inch DR9 HOPE using horizontal direction drilling (HDD) techniques and two new manholes. The LCM3 Lift Station abandonment requires installation of approximately 1,330 lineal feet of 8-inch SDR 35 PVC pipe, approximately 540 lineal feet of 10inch DR9 HOPE pipe using HDD techniques and seven new manholes. An additional 14 lineal feet of 8- inch SDR35 PVC pipe and a new manhole will be installed to convey Leucadia Wastewater District flows into the new gravity pipeline. The project includes the demolition and removal of both lift stations. 6-2.3 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 79 of 129 Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as 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 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 80 of 129 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 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. m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 81 of 129 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 shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 120 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. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the 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 between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Contractor is hereby advised that the Engineer may require after hours and weekend work on an interim basis to manage existing wastewater flow during the construction of this project. The Contractor's efforts to maintain sewer service throughout construction are incidental to the work and no separate payment for extended hours will be made therefore. 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the Revised 01/20/09 Contract Nos. 3951 & 5500 Page 82 of 129 requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand Dollars ($1,000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement 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. 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. f\mW Revised 01/20/09 Contract Nos. 3951 & 5500 Page 83 of 129 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 nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in 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' 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 84 of 129 demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Environmental Document Requirements. Construction activities must comply with requirements of the projects CEQA (California Environmental Quality Act) document. A copy of the CEQA document, a Mitigated Negative Declaration with mitigation and monitoring measures is provided in Appendix "E". 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. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with Revised 01/20/09 Contract Nos. 3951 & 5500 Page 85 of 129 water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to 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. 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, Revised 01/20/09 Contract Nos. 3951 & 5500 Page 86 of 129 and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) is not required the project. 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. Noise control during nesting season, as defined in the projects CEQA document shall comply with the mitigation measures stipulated in the documents Mitigation, Monitoring Measures. 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 Am¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 87 of 129 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. 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, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 88 of 129 The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "G". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless 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, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and 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 A•^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 89 of 129 following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to 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. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that 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.Let 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 90 of 129 Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the distance 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 2 paved traffic lanes, not less than 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 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, 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 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the Revised 01/20/09 Contract Nos. 3951 & 5500 Page 91 of 129 traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 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. The Contractor may choose to modify, add to or supplement the TCP shown on sheets the level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing provided in Appendix H. 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 as published by CALTRANS, current edition at the time of award of this contract. 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. The City's standard traffic control sheet (reduced size) is included in Appendix H to establish the level of quality and clarity that the Contractor must meet for its traffic control plans. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 92 of 129 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as 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 m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 93 of 129 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. 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 ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor 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 beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish Revised 01/20/09 Contract Nos. 3951 & 5500 Page 94 of 129 and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." •^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 95 of 129 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. The Contractor shall provide a Class "C" Field Office as specified in Section 8-2.3 All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. (Not Used) 8-2.2 Class "B" Field Office. (Not Used) 8-2.3 Class "C" Field Office. The office shall be of suitable proportions with 120 ft2 of floor area. It shall be equipped with one 3 by 5 foot table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD ENGINEERING INSPECTION Revised 01/20/09 Contract Nos. 3951 & 5500 Page 96 of 129 8-3 FIELD LABORATORIES. (Not Used) 8-4 BATHHOUSE FACILITIES. (Not Used) 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 97 of 129 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 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. 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 Am¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 98 of 129 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 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 99 of 129 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, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bids 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 A•K Revised 01/20/09 Contract Nos. 3951 & 5500 Page 100 of 129 operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 101 of 129 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(6). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mm(J/4") 12.5-mm (V) 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-Mm (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing Type 6 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(6) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mm(3/4") 9.5-mm (%") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-|jm (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 0Revised 01/20/09 Contract Nos. 3951 & 5500 Page 102 of 129 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Sieve Sizes 2" 11/2" 1" 3/4" No 4 No 30 No. 200 Operating Range 100 90-100 50-85 25-45 10-25 2-9 Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 103 of 129 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES Headers for bituminous pavement up to 50 mm x 100mm (2"x4") Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") GRADES Construction grade Redwood or preservative treated construction grade Douglas Fir Number 1 grade Redwood, or preservative treated number 1 grade Douglas Fir SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffic Signs. Permanent traffic signs shall consist of 10-gage and 12-gage cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to Revised 01/20/09 Contract Nos. 3951 & 5500 Page 104 of 129 the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.1.2 Sign Identification. Modify the "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" as follows: Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", except that the notation shall be "PROPERTY OF THE CITY OF CARLSBAD". Add the following section: 206-7.1.3 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.1.4 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.1.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 10-gage or 12-gage cold- rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or 12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or 12-gage cold-rolled steel perforated tubing when multiple posts are used. Add the following section: 206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 10-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 105 of 129 Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m(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 (5ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 106 of 129 Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-9 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 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. Am¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 107 of 129 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. 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(6): Revised 01/20/09 Contract Nos. 3951 & 5500 Page 108 of 129 Table 212-1.2.4(6) SOIL AMENDMENT PROPERTIES Property Dry Weight Nitrogen Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #16 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #100 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH Wettability Minimum (D 100% 95% 45% 30% 0% 0% (D 0.08% 0% 6.0 (D Maximum (D 100% 100% 65% 40% 10% 2% (D— 6.0% 7.0 (D (1) (As Required by Table 212-1.2.4(A) SSPWC) 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. Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212- 1.2.5.1 (A) Table 212-1.2.5.1 (A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Virgin Wood Cellulose Fiber Mulch Binder (1) Fertilizer (16-20-0) Ammonium Phosphate Sulfate, Plus 15% Soil Sulfur Wetting Agent Green Colorant Applicati grams per sq. meter 225 7 35 on Rate (pounds per acre) (2000) (60) (300) Per Mfg. Recommendation 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 109 of 129 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 pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. Add the 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 excepting 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). Table 212-1.3.1 (A) SEED FOR DISTURBED AREAS Seed Variety Rose Clover Festuca Megalura, Zorro Fescue Eschscholzia Californica Achillea Millefolia Alyssum (Carpet Of Snow) Dimorpholeca Applicati grams per sq. meter 2.5 2.5 0.35 0.45 0.35 0.25 on Rate (pounds per acre) 20n) 20 3 4 3 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: 212-1.6 Erosion Control Matting. Erosion control matting shall be made of 100-percent- biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.89 grams per square meter (1.64 lb/1000 sy) having an approximate mesh interval of 50 mm x 50 mm (2" x 2") on each Revised 01/20/09 Contract Nos. 3951 & 5500 Page 110 of 129 face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton or polypropylene thread spaced approximately 50 mm (2") apart. Erosion control matting shall be "North American Green, DS150", "BonTerra S2", or approved equal. Add the following section: 212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1" x 6"), U-shaped 11-gauge mild steel staples. 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) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (% Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. 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. oRevised 01/20/09 Contract Nos. 3951 & 5500 Page 111 of 129 TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TFPM Manufacturer of Distributor DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140. Add the following section: 14-5.2 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. TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Safe-Hit SH236MA Carsonite ' Repo "The Super Duck" SDF-436 Replaceable Post" Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building Hayward, CA 94545 Telephone (415) 783-6550 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box 7 Stanton, CA 90680 Telephone (800) 422-4420 #11 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. SECTION 215-FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 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 andoRevised 01/20/09 Contract Nos. 3951 & 5500 Page 112 of 129 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 01/20/09 Contract Nos. 3951 & 5500 Page 113 of 129 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 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 (V) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. Am¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 114 of 129 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered 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. 300-2.5 Slopes, add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, 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. No allowance for shrinkage or swell will be considered. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. A Revised 01/20/09 Contract Nos. 3951 & 5500 Page 115 of 129 300-2.9 Payment, add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3- 3 EXTRA WORK of the specifications. 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sum Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment, add the following: Dewatering and any cost for permits to dewater shall be paid for as an incidental to structure excavation and backfill and no additional compensation will be made therefore. A•^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 116 of 129 300-9 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", current edition at the time of award of contract, as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", current edition at the time of award of contract, the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 117 of 129 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the cbnstruction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 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; m¥ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 118 of 129 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 119 of 129 The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 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. Falsework shall be designed, submitted, constructed, and removed in accordance with Caltrans Standard Specification Section 51. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 120 of 129 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. 303-5 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 Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking 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. 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 = [ ADI±EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmh) + SLOPE X 100] X LANES 1000 8 PS = fADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mph^ + SLOPE X 100] X LANES 1000 5 •^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 121 of 129 where: PS = plate score. ADT = average daily traffic as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. EWL = equivalent wheel loads as defined in the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. DAYS = total number of 24 hour periods during which the plates will be utilized at the site being considered. WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered. NIGHTS = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights. WEATHER = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent. SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions. SLOPE = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50') up and downstream of the position of the proposed steel plate bridging. LANES = the number of lanes where plates will be used. When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. Add the following section: 306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications. The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5. Add the following section: 306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 122 of 129 b) Steel plates used for bridging must extend a minimum of 610 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 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(6) 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 3A") 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. Add the following section: 306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table 306-1.1.7.4(A) TABLE 306-1.1.7.4(A) REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width m 0.3m (10") 0.6m (23") 0.8m (31") 1.0m (41") 1.6m (63") Minimum Plate Thickness 13mm f/2") 19mm (%") 22mm (V8") 25mmJ1") 32 mm (1 VV) (1) For spans greater than 1.6 m (5'), a structural design shall be prepared by a registered civil engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3. Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. m Revised 01/20/09 Contract Nos. 3951 & 5500 Page 123 of 129 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 wastewater, recycled water, or potable water mains shall conform to City of Carlsbad Engineering Standards, latest edition. 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. Trench resurfacing shall comply with City of Carlsbad Engineering Standards, Standard Drawing GS-25. 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 (%") 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 124 of 129 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 (1/8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (1/4") 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 01/20/09 Contract Nos. 3951 & 5500 Page 125 of 129 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. 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 shown on plans and as specified herein. Add the following section: 310-7.2 Measurement And Payment. Permanent signing and appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for permanent signing and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in supplying and installing permanent signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 126 of 129 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 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. Revised 01/20/09 Contract Nos. 3951 & 5500 Page 127 of 129 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. 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 CALTRANS 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: A36/A36M. 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 (3/8") thick plate welded on the upper end with a 5-mm (3/i6") 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 CALTRANS 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 Revised 01/20/09 Contract Nos. 3951 & 5500 Page 128 of 129 shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') 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. Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite III" 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 CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 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 (TSFCC) 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 CALTRANS Standard Drawings T1 and T2 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 TSFCC array as shown in CALTRANS 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. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump- sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K- rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. A•^ Revised 01/20/09 Contract Nos. 3951 & 5500 Page 129 of 129